[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          47


          Parts 20 to 39

         Revised as of October 1, 2009


          Telecommunication
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     517
      Alphabetical List of Agencies Appearing in the CFR......     537
      Table of OMB Control Numbers............................     547
      List of CFR Sections Affected...........................     555

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
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, 2009), 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 eleven 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 
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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.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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 Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
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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

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in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
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register. The NARA site also contains links to GPO Access.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    October 1, 2009.







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                               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. All five volumes 
contain 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, chapter III--National 
Telecommunications and Information Administration, Department of 
Commerce, and chapter IV--National Telecommunications and Information 
Administration, Department of Commerce, and National Highway Traffic 
Safety Administration, Department of Transportation. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 2009.

    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, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[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
22              Public mobile services......................          28
23              International fixed public 
                    radiocommunication services.............         118
24              Personal communications services............         137
25              Satellite communications....................         172
27              Miscellaneous wireless communications 
                    services................................         310
32              Uniform system of accounts for 
                    telecommunications companies............         402
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         468
37-39

[Reserved]

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, 201, 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.
    Automatic Roaming. With automatic roaming, under a pre-existing 
contractual agreement between a subscriber's home carrier and a host 
carrier, a roaming subscriber is able to originate or terminate a call 
in the host carrier's service area without taking any special actions.
    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.
    Home Carrier. For automatic roaming, a home carrier is the 
facilities-based CMRS carrier with which a subscriber has a direct 
contractual relationship. A home carrier may request automatic roaming 
service from a host carrier on behalf of its subscribers.
    Home Market. For automatic roaming, a CMRS carrier's home market is 
defined as any geographic location where the home carrier has a wireless 
license or spectrum usage rights that could be used to provide CMRS.

[[Page 6]]

    Host Carrier. For automatic roaming, the host carrier is a 
facilities-based CMRS carrier on whose system a subscriber roams when 
outside its home carrier's home market.
    Interconnection or Interconnected. Direct or indirect connection 
through automatic or manual means (by wire, microwave, or other 
technologies such as store and forward) to permit the transmission or 
reception of messages or signals to or from points in the public 
switched network.
    Interconnected Service. A service:
    (a) That is interconnected with the public switched network, or 
interconnected with the public switched network through an 
interconnected service provider, that gives subscribers the capability 
to communicate to or receive communication from all other users on the 
public switched network; or
    (b) For which a request for such interconnection is pending pursuant 
to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 
332(c)(1)(B). A mobile service offers interconnected service even if the 
service allows subscribers to access the public switched network only 
during specified hours of the day, or if the service provides general 
access to points on the public switched network but also restricts 
access in certain limited ways. Interconnected service does not include 
any interface between a licensee's facilities and the public switched 
network exclusively for a licensee's internal control purposes.
    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.
    Manual Roaming. With manual roaming, a subscriber must establish a 
relationship with the host carrier on whose system he or she wants to 
roam in order to make a call. Typically, the roaming subscriber 
accomplishes this in the course of attempting to originate a call by 
giving a valid credit card number to the carrier providing the roaming 
service.
    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

[[Page 7]]

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 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; 72 FR 
50073, Aug. 30, 2007]



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

[[Page 8]]

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.
    (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,

[[Page 9]]

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, 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

[[Page 10]]

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.
    (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;

[[Page 11]]

    (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 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

[[Page 12]]

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, and Automated Maritime 
Telecommunications System (AMTS) licensees or applicants, proposing to 
use any Personal Communications Service, VHF Public Coast Station, or 
AMTS spectrum to offer service on a private mobile radio service basis 
must overcome the presumption that Personal Communications Service, VHF 
Public Coast, and AMTS 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, VHF Public Coast 
Station, or AMTS 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, VHF Public Coast 
Station, or AMTS 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; 72 FR 31194, June 6, 2007]



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

[[Page 13]]

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.
    (d) Local exchange carriers may not impose compensation obligations 
for traffic not subject to access charges upon commercial mobile radio 
service providers pursuant to tariffs.
    (e) An incumbent local exchange carrier may request interconnection 
from a commercial mobile radio service provider and invoke the 
negotiation and arbitration procedures contained in section 252 of the 
Act. A commercial mobile radio service provider receiving a request for 
interconnection must negotiate in good faith and must, if requested, 
submit to arbitration by the state commission. Once a request for 
interconnection is made, the interim transport and termination pricing 
described in Sec. 51.715 of this chapter shall apply.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996; 
70 FR 16145, Mar. 30, 2005]



Sec. 20.12  Resale and roaming.

    (a)(1) Scope of Manual Roaming and Resale. Paragraph (c) of 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 re-use 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.
    (2) Scope of Automatic Roaming. Paragraph (d) of this section is 
applicable to CMRS carriers if such carriers 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 carrier to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. Paragraph (d) of this section is also 
applicable to the provision of push-to-talk and text-messaging service 
by CMRS carriers.
    (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) Manual Roaming. Each carrier subject to paragraph (a)(1) of this 
section must provide mobile radio service upon request to all 
subscribers in good standing to the services of any carrier subject to 
paragraph (a)(1) of this section, including roamers, while such 
subscribers are located within any portion of the licensee's licensed 
service

[[Page 14]]

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.
    (d) Automatic Roaming. Upon a reasonable request, it shall be the 
duty of each host carrier subject to paragraph (a)(2) of this section to 
provide automatic roaming to any technologically compatible home 
carrier, outside of the requesting home carrier's home market, on 
reasonable and nondiscriminatory terms and conditions.

[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000; 
72 FR 50074, Aug. 30, 2007]



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 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

[[Page 15]]

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.
    (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

[[Page 16]]

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) 
of this chapter or mobile telephony are required to file reports 
pursuant to Sec. Sec. 1.7000 and 43.11 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; 69 FR 77938, Dec. 29, 2004]



Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only applicable 
to CMRS providers, excluding mobile satellite service (MSS) operators, 
to the extent that they:
    (1) Offer real-time, two way switched voice service that is 
interconnected with the public switched network; and
    (2) Utilize an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. These requirements are applicable to entities that 
offer voice service to consumers by purchasing airtime or capacity at 
wholesale rates from CMRS licensees.
    (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.,

[[Page 17]]

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;
    (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

[[Page 18]]

to enable the location of such phones by multiple licensees.
    (h) Phase II accuracy. (1) By September 11, 2012, licensees subject 
to this section shall comply with the following standards for Phase II 
location accuracy and reliability, to be tested and measured at the PSAP 
service area geographic level:
    (i) For network-based technologies: 100 meters for 67 percent of 
calls, 300 meters for 95 percent of calls;
    (ii) For handset-based technologies: 50 meters for 67 percent of 
calls, 150 meters for 95 percent of calls.
    (iii) For the remaining 5 percent of calls, location attempts must 
be made and a location estimate must be provided to the appropriate 
PSAP.
    (2) By the dates specified in this paragraph, carriers must satisfy 
the following requirements:
    (i) By September 11, 2008, carriers must satisfy the location 
accuracy standards in paragraph (h)(1) of this section within each 
Economic Area (EA) in which that carrier operates;
    (ii) By September 11, 2009, carriers must file with the Commission a 
report describing the status of their ongoing efforts to comply with 
Sec. 20.18(h);
    (iii) By September 11, 2010, carriers must:
    (A) Satisfy the location accuracy standards in paragraph (h)(1) of 
this section within each Metropolitan Statistical Area (MSA) and Rural 
Service Area (RSA) in which that carrier operates;
    (B) Demonstrate PSAP-level compliance with the location accuracy 
standards in paragraph (h)(1) of this section within at least 75% of the 
PSAPs the carrier serves; and
    (C) Demonstrate accuracy in all PSAP service areas within at least 
50% of the applicable location accuracy standard (i.e., a carrier 
subject to the location accuracy standards in paragraph (h)(1)(ii) of 
this section must achieve location accuracy of 75 meters for 67 percent 
of calls in all PSAPs).
    (iv) By September 11, 2011, carriers must file with the Commission a 
report describing the status of their ongoing efforts to comply with 
Sec. 20.18(h).
    (v) By September 11, 2012, carriers must be in full compliance with 
Sec. 20.18(h) at the PSAP service area level.
    (3) In assessing their compliance with the requirements of this 
section, carriers must include only those PSAPs that are capable of 
receiving Phase II location data.
    (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 Phase I-capable using a Non-Call Path

[[Page 19]]

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.
    (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

[[Page 20]]

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; 72 FR 27708, May 16, 2007; 73 FR 8625, 
Feb. 14, 2008]

    Effective Date Notes: 1. At 68 FR 2918, Jan. 22, 2003, Sec. 20.18, 
paragraph (j) was revised. 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.

[[Page 21]]

    2. At 72 FR 27708, May 16, 2007, Sec. 20.18, paragraph (a) was 
revised. The paragraph contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.
    3. At 73 FR 8625, Feb. 14, 2008, Sec. 20.18, paragraph (h) was 
revised. Paragraph (h) contains 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; definitions. (1) The hearing aid compatibility 
requirements of this section apply to providers of digital CMRS in the 
United States to the extent that they 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, and such service is provided over frequencies in the 
800-950 MHz or 1.6-2.5 GHz bands using any air interface for which 
technical standards are stated in the standard document ``American 
National Standard Methods of Measurement of Compatibility Between 
Wireless Communication Devices and Hearing Aids,'' American National 
Standards Institute (ANSI) C63.19-2007 (June 8, 2007).
    (2) The requirements of this section also apply to the manufacturers 
of the wireless handsets that are used in delivery of the services 
specified in paragraph (a)(1) of this section.
    (3) Definitions. For purposes of this section:
    (i) Manufacturer refers to a wireless handset manufacturer to which 
the requirements of this section apply.
    (ii) Model refers to a wireless handset device that a manufacturer 
has designated as a distinct device model, consistent with its own 
marketing practices. However, if a manufacturer assigns different model 
device designations solely to distinguish units sold to different 
carriers, or to signify other distinctions that do not relate to either 
form, features, or capabilities, such designations shall not count as 
distinct models for purposes of this section.
    (iii) Service provider refers to a provider of digital CMRS to which 
the requirements of this section apply.
    (iv) Tier I carrier refers to a CMRS provider that offers such 
service nationwide.
    (b) Hearing aid compatibility; technical standards. A wireless 
handset used for digital CMRS only over the frequency bands and air 
interfaces referenced in paragraph (a)(1) of this section is hearing 
aid-compatible with regard to radio frequency interference or inductive 
coupling if it meets the applicable technical standard(s) set forth in 
paragraphs (b)(1) and (b)(2) of this section for all frequency bands and 
air interfaces over which it operates, and the handset has been 
certified as compliant with the test requirements for the applicable 
standard pursuant to Sec. 2.1033(d) of this chapter. A wireless handset 
that incorporates a Wi-Fi air interface is hearing aid-compatible if the 
handset otherwise satisfies the requirements of this paragraph.
    (1) For radio frequency interference.
    (i) Applicable technical standards prior to 2010. Beginning June 6, 
2008 and until January 1, 2010, a wireless handset submitted for 
equipment certification or for a permissive change relating to hearing 
aid compatibility must meet, at a minimum, the M3 rating associated with 
the technical standard set forth in either the standard document 
``American National Standard Methods of Measurement of Compatibility 
Between Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-
2006 (June 12, 2006) or ANSI C63.19-2007 (June 8, 2007)--each available 
for purchase from the American National Standards Institute. Any grants 
of certification issued before June 6, 2008 under previous versions of 
ANSI C63.19 remain valid for hearing aid compatibility purposes.
    (ii) Applicable technical standards beginning in 2010. On or after 
January 1, 2010, a wireless handset submitted for equipment 
certification or for a permissive change relating to hearing aid 
compatibility must meet, at a minimum, the M3 rating associated with the 
technical standard set forth in ANSI C63.19-2007 (June 8, 2007). Any 
grants of certification issued before January 1, 2010, under the earlier

[[Page 22]]

versions of ANSI C63.19 remain valid for hearing aid compatibility 
purposes.
    (2) For inductive coupling.
    (i) Applicable technical standards prior to 2010. Beginning June 6, 
2008 and until January 1, 2010, a wireless handset submitted for 
equipment certification or for a permissive change relating to hearing 
aid compatibility must meet, at a minimum, the T3 rating associated with 
the technical standard set forth in either the standard document 
``American National Standard Methods of Measurement of Compatibility 
Between Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-
2006 (June 12, 2006) or ANSI C63.19-2007 (June 8, 2007). Any grants of 
certification issued before June 6, 2008 under previous versions of ANSI 
C63.19 remain valid for hearing aid compatibility purposes.
    (ii) Applicable technical standards beginning in 2010. On or after 
January 1, 2010, a wireless handset submitted for equipment 
certification or for a permissive change relating to hearing aid 
compatibility must meet, at a minimum, the T3 rating associated with the 
technical standard set forth in ANSI C63.19-2007 (June 8, 2007). Any 
grants of certification issued before January 1, 2010, under the earlier 
versions of ANSI C63.19 remain valid for hearing aid compatibility 
purposes.
    (3) [Reserved]
    (4) All factual questions of whether a wireless handset meets the 
technical standard(s) of this paragraph shall be referred for resolution 
to the Chief, Office of Engineering and Technology, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
    (5) The following standards are incorporated by reference in this 
section: American National Standards Institute Accredited Standards 
Committee on Electromagnetic Compatibility, C63\TM\, ``American National 
Standard Methods of Measurement of Compatibility Between Wireless 
Communication Devices and Hearing Aids,'' ANSI C63.19-2006 (June 12, 
2006), Institute of Electrical and Electronics Engineers, Inc., 
publisher; and American National Standards Institute Accredited 
Standards Committee on Electromagnetic Compatibility, C63\TM\, 
``American National Standard Methods of Measurement of Compatibility 
Between Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-
2007 (June 8, 2007), Institute of Electrical and Electronics Engineers, 
Inc., publisher. These incorporations by reference were approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. These materials are incorporated as they exist on the 
date of the approval, and notice of any change in these materials will 
be published in the Federal Register. The materials are available for 
inspection at the Federal Communications Commission (FCC), 445 12th St., 
SW., Reference Information Center, Room CY-A257, Washington, DC 20554 
and at the National Archives and Records Administration (NARA). For 
information on the availability of these materials at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    The materials are also available for purchase from IEEE Operations 
Center, 445 Hoes Lane, Piscataway, NJ 08854-4141, by calling (732) 981-
0060, or going to http://www.ieee.org/portal/site.
    (c) Phase-in of requirements relating to radio frequency 
interference. The following applies to each manufacturer and service 
provider that offers wireless handsets used in the delivery of the 
services specified in paragraph (a) of this section and that does not 
fall within the de minimis exception set forth in paragraph (e) of this 
section.
    (1) Manufacturers.
    (i) Number of hearing aid-compatible handset models offered. For 
each digital air interface for which it offers wireless handsets to 
service providers, each manufacturer of wireless handsets must:
    (A) If it offers four to six models, ensure that at least two of its 
handset models offered to service providers comply with the requirements 
set forth in paragraph (b)(1) of this section; or
    (B) If it offers more than six models, ensure that at least one-
third of its handset models offered to service providers (rounded down 
to the nearest whole number) comply with the requirements set forth in 
paragraph (b)(1) of this section.

[[Page 23]]

    (ii) Refresh requirement. Beginning in calendar year 2009, and for 
each year thereafter that it elects to produce a new model, each 
manufacturer that offers any new model for a particular air interface 
during the calendar year must ``refresh'' its offerings of hearing aid-
compatible handset models by offering a mix of new and existing models 
that comply with paragraph (b)(1) of this section according to the 
following requirements:
    (A) For manufacturers that offer three models per air interface, at 
least one new model rated M3 or higher shall be introduced every other 
calendar year.
    (B) For manufacturers that offer four or more models operating over 
a particular air interface, the number of models rated M3 or higher that 
must be new models introduced during that calendar year is equal to one-
half of the minimum number of models rated M3 or higher required for 
that air interface (rounded up to the nearest whole number).
    (2) Tier I carriers. For each digital air interface for which it 
offers wireless handsets to customers, each Tier I carrier must either:
    (i) Ensure that at least fifty (50) percent of the handset models it 
offers comply with paragraph (b)(1) of this section, calculated based on 
the total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (ii) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(1) of this 
section:
    (A) Prior to February 15, 2009, at least eight (8) handset models;
    (B) Beginning February 15, 2009, at least nine (9) handset models; 
and
    (C) Beginning February 15, 2010, at least ten (10) handset models.
    (3) Service providers other than Tier I carriers. For each digital 
air interface for which it offers wireless handsets to customers, each 
service provider other than a Tier I carrier must:
    (i) Prior to September 7, 2008, include in the handset models it 
offers at least two handset models that comply with paragraph (b)(1) of 
this section;
    (ii) Beginning September 7, 2008, either:
    (A) Ensure that at least fifty (50) percent of the handset models it 
offers comply with paragraph (b)(1) of this section, calculated based on 
the total number of unique digital wireless handset models the service 
provider offers nationwide; or
    (B) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(1) of this 
section:
    (1) Until May 15, 2009, at least eight (8) handset models;
    (2) Beginning May 15, 2009, at least nine (9) handset models; and
    (3) Beginning May 15, 2010, at least ten (10) handset models.
    (4) All service providers. The following requirements apply to Tier 
I carriers and all other service providers.
    (i) In-store testing. Each service provider must make available for 
consumers to test, in each retail store owned or operated by the 
provider, all of its handset models that comply with paragraph (b)(1) of 
this section.
    (ii) Offering models with differing levels of functionality. Each 
service provider must offer its customers a range of hearing aid-
compatible models with differing levels of functionality (e.g., 
operating capabilities, features offered, prices). Each provider may 
determine the criteria for determining these differing levels of 
functionality, and must disclose its methodology to the Commission 
pursuant to paragraph (i)(3)(vii) of this section.
    (d) Phase-in of requirements relating to inductive coupling 
capability. The following applies to each manufacturer and service 
provider that offers wireless handsets used in the delivery of the 
services specified in paragraph (a) of this section and that does not 
fall within the de minimis exception set forth in paragraph (e) of this 
section.
    (1) Manufacturers. Each manufacturer offering to service providers 
four or more handset models in a digital air interface for use in the 
United States or imported for use in the United States must ensure that 
it offers to service providers, at a minimum, the following number of 
handset models that comply with the requirements set forth in paragraph 
(b)(2) of this section, whichever number is greater in any given year:

[[Page 24]]

    (i) At least two (2) handset models in that air interface; or
    (ii) At least the following percentage of handset models (rounded 
down to the nearest whole number):
    (A) Beginning February 15, 2009, at least twenty (20) percent of its 
handset models in that air interface, provided that, of any such models 
introduced during calendar year 2009, one model may be rated using ANSI 
C63.19-2006 (June 12, 2006), and all other models introduced during that 
year or subsequent years shall be rated using ANSI C63.19-2007 (June 8, 
2007) or subsequently adopted version as may be approved pursuant to 
paragraph (k);
    (B) Beginning February 15, 2010, at least twenty-five (25) percent 
of its handset models in that air interface; and
    (C) Beginning February 15, 2011, at least one-third of its handset 
models in that air interface.
    (2) Tier I carriers. For each digital air interface for which it 
offers wireless handsets to service providers, each Tier I carrier must:
    (i) Ensure that at least one-third of the handset models it offers 
comply with paragraph (b)(2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (ii) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(2) of this 
section:
    (A) Prior to February 15, 2009, at least three (3) handset models;
    (B) Beginning February 15, 2009, at least five (5) handset models;
    (C) Beginning February 15, 2010, at least seven (7) handset models; 
and
    (D) Beginning February 15, 2011, at least ten (10) handset models.
    (3) Service providers other than Tier I carriers. For each digital 
air interface for which it offers wireless handsets to customers, each 
service provider other than a Tier I carrier must:
    (i) Prior to September 7, 2008, include in the handset models it 
offers at least two handset models that comply with paragraph (b)(2) of 
this section;
    (ii) Beginning September 7, 2008, either:
    (A) Ensure that at least one-third of the handset models it offers 
comply with paragraph (b)(2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (B) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(2) of this 
section:
    (1) Until May 15, 2009, at least three (3) handset models;
    (2) Beginning May 15, 2009, at least five (5) handset models;
    (3) Beginning May 15, 2010, at least seven (7) handset models; and
    (4) Beginning May 15, 2011, at least ten (10) handset models.
    (4) All service providers. The following requirements apply to Tier 
I carriers and all other service providers.
    (i) In-store testing. Each service provider must make available for 
consumers to test, in each retail store owned or operated by the 
provider, all of its handset models that comply with paragraph (b)(2) of 
this section.
    (ii) Offering models with differing levels of functionality. Each 
service provider must offer its customers a range of hearing aid-
compatible models with differing levels of functionality (e.g., 
operating capabilities, features offered, prices). Each provider may 
determine the criteria for determining these differing levels of 
functionality, and must disclose its methodology to the Commission 
pursuant to paragraph (i)(3)(vii) of this section.
    (e) De minimis exception. (1) Manufacturers or service providers 
that offer two or fewer digital wireless handsets in an air interface in 
the United States are exempt from the requirements of this section in 
connection with that air interface, except with regard to the reporting 
requirements in paragraph (i) of this section. Service providers that 
obtain handsets only from manufacturers that offer two or fewer digital 
wireless handset models in an air interface in the United States are 
likewise exempt from the requirements of this section other than 
paragraph (i) of this section in connection with that air interface.
    (2) Manufacturers or service providers that offer three digital 
wireless handset models in an air interface must offer at least one 
handset model compliant with paragraphs (b)(1) and

[[Page 25]]

(b)(2) of this section in that air interface. Service providers that 
obtain handsets only from manufacturers that offer three digital 
wireless handset models in an air interface in the United States are 
required to offer at least one handset model in that air interface 
compliant with paragraphs (b)(1) and (b)(2) of this section.
    (f) Labeling and disclosure requirements. (1) Labeling requirements. 
Manufacturers and service providers shall ensure that handsets that are 
hearing aid-compatible, as defined in paragraph (b) of this section, 
clearly display the rating, as defined in paragraphs (b)(1) and (b)(2) 
of this section, on the packaging material of the handset. In the event 
that a hearing aid-compatible handset achieves different radio 
interference or inductive coupling ratings over different air interfaces 
or different frequency bands, the RF interference reduction and 
inductive coupling capability ratings displayed shall be the lowest 
rating assigned to that handset for any air interface or frequency band. 
An explanation of the ANSI C63.19 rating system must also be included in 
the device's user's manual or as an insert in the packaging material for 
the handset.
    (2) Disclosure requirement relating to handsets with Wi-Fi 
capability. Beginning December 7, 2008, each manufacturer and service 
provider shall ensure that, wherever it provides hearing aid 
compatibility ratings for a handset model that incorporates a Wi-Fi air 
interface, it discloses to consumers, by clear and effective means 
(e.g., inclusion of call-out cards or other media, revisions to 
packaging materials, supplying of information on Web sites) that the 
handset has not been rated for hearing aid compatibility with respect to 
Wi-Fi operation.
    (g) Model designation requirements. Where a manufacturer has made 
physical changes to a handset that result in a change in the hearing aid 
compatibility rating under paragraph (b)(1) or (b)(2) of this section, 
the altered handset must be given a model designation distinct from that 
of the handset prior to its alteration.
    (h) Web site requirements. Beginning January 15, 2009, each 
manufacturer and service provider subject to this section that operates 
a publicly-accessible Web site must make available on its Web site a 
list of all hearing aid-compatible models currently offered, the ratings 
of those models, and an explanation of the rating system. Each service 
provider must also specify on its Web site, based on the levels of 
functionality that the service provider has defined, the level that each 
hearing aid-compatible model falls under as well as an explanation of 
how the functionality of the handsets varies at the different levels.
    (i) Reporting requirements--(1) Reporting dates. Manufacturers shall 
submit reports on efforts toward compliance with the requirements of 
this section on January 15, 2009 and on July 15, 2009, and on an annual 
basis on July 15 thereafter. Service providers shall submit reports on 
efforts toward compliance with the requirements of this section on 
January 15, 2009, and annually thereafter. Information in the reports 
must be up-to-date as of the last day of the calendar month preceding 
the due date of the report.
    (2) Content of manufacturer reports. Reports filed by manufacturers 
must include:
    (i) Digital wireless handset models tested, since the most recent 
report, for compliance with the applicable hearing aid compatibility 
technical ratings;
    (ii) Compliant handset models offered to service providers since the 
most recent report, identifying each model by marketing model name/
number(s) and FCC ID number;
    (iii) For each compliant model, the air interface(s) and frequency 
band(s) over which it operates, the hearing aid compatibility ratings 
for each frequency band and air interface under ANSI Standard C63.19, 
the ANSI Standard C63.19 version used, and the months in which the model 
was available to service providers since the most recent report;
    (iv) Non-compliant models offered to service providers since the 
most recent report, identifying each model by marketing model name/
number(s) and FCC ID number;
    (v) For each non-compliant model, the air interface(s) over which it 
operates and the months in which the

[[Page 26]]

model was available to service providers since the most recent report;
    (vi) Total numbers of compliant and non-compliant models offered to 
service providers for each air interface as of the time of the report;
    (vii) Any instance, as of the date of the report or since the most 
recent report, in which multiple compliant or non-compliant devices were 
marketed under separate model name/numbers but constitute a single model 
for purposes of the hearing aid compatibility rules, identifying each 
device by marketing model name/number and FCC ID number;
    (viii) Status of product labeling;
    (ix) Outreach efforts; and
    (x) If the manufacturer maintains a public Web site, the Web site 
address of the page(s) containing the information regarding hearing aid-
compatible handset models required by paragraph (h) of this section.

    Note to Paragraph (i)(2): For reports due on January 15, 2009, 
information provided with respect to paragraphs (i)(2)(ii) 
through(i)(2)(v) and (i)(2)(vii) and (i)(2)(viii) need be provided only 
for the six-month period from July 1 to December 31, 2008.

    (3) Content of service provider reports. Reports filed by service 
providers must include:
    (i) Compliant handset models offered to customers since the most 
recent report, identifying each model by marketing model name/number(s) 
and FCC ID number;
    (ii) For each compliant model, the air interface(s) and frequency 
band(s) over which it operates, the hearing aid compatibility ratings 
for each frequency band and air interface under ANSI Standard C63.19, 
and the months in which the model was available since the most recent 
report;
    (iii) Non-compliant models offered since the most recent report, 
identifying each model by marketing model name/number(s) and FCC ID 
number;
    (iv) For each non-compliant model, the air interface(s) over which 
it operates and the months in which the model was available since the 
most recent report;
    (v) Total numbers of compliant and non-compliant models offered to 
customers for each air interface over which the service provider offers 
service as of the time of the report;
    (vi) Information related to the retail availability of compliant 
handset models;
    (vii) The levels of functionality into which the compliant handsets 
fall and an explanation of the service provider's methodology for 
determining levels of functionality;
    (viii) Status of product labeling;
    (ix) Outreach efforts; and
    (x) If the service provider maintains a public Web site, the Web 
site address of the page(s) containing the information regarding hearing 
aid-compatible handset models required by paragraph (h) of this section.

    Note to Paragraph (i)(3): For reports due on January 15, 2009, 
information provided with respect to paragraphs (i)(3)(i) through 
(i)(3)(iv) and (i)(3)(vi) through (i)(3)(viii) need be provided only for 
the six-month period from July 1 to December 31, 2008.

    (4) Format. The Wireless Telecommunications Bureau is delegated 
authority to approve or prescribe formats and methods for submission of 
these reports. Any format that the Bureau may approve or prescribe shall 
be made available on the Bureau's Web site.
    (j) Enforcement. Enforcement of this section is hereby delegated to 
those states that 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 six (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.
    (k) Delegation of rulemaking authority. (1) The Chief of the 
Wireless Telecommunications Bureau and the Chief of the Office of 
Engineering and Technology are delegated authority, by notice-and-
comment rulemaking, to issue an order amending this section to the

[[Page 27]]

extent necessary to adopt technical standards for additional frequency 
bands and/or air interfaces upon the establishment of such standards by 
ANSI Accredited Standards Committee C63\TM\, provided that the standards 
do not impose with respect to such frequency bands or air interfaces 
materially greater obligations than those imposed on other services 
subject to this section. Any new obligations on manufacturers and Tier I 
carriers pursuant to paragraphs (c) through (i) of this section as a 
result of such standards shall become effective no less than one year 
after release of the order adopting such standards, and any new 
obligations on other service providers shall become effective no less 
than 15 months after the release of such order.
    (2) The Chief of the Wireless Telecommunications Bureau and the 
Chief of the Office of Engineering and Technology are delegated 
authority, by notice-and-comment rulemaking if required by statute or 
otherwise in the public interest, to issue an order amending this 
section to the extent necessary to approve any version of the technical 
standards for radio frequency interference or inductive coupling adopted 
subsequently to ANSI C63.19-2007 for use in determining whether a 
wireless handset meets the appropriate rating over frequency bands and 
air interfaces for which technical standards have previously been 
adopted either by the Commission or pursuant to paragraph (k)(1) of this 
section. This delegation is limited to the approval of changes to the 
technical standard that do not raise major compliance issues. Further, 
by such approvals, the Chiefs may only permit, and not require, the use 
of such subsequent versions of standard document ANSI C63.19 to 
establish hearing aid compatibility.

[73 FR 25587, May 7, 2008]



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 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

[[Page 28]]

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 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.
22.143 Construction prior to grant of application.
22.150 Standard pre-filing technical coordination procedure.
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.

[[Page 29]]

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 limitations.
22.365 Antenna structures; air navigation safety.
22.371 Disturbance of AM broadcast station antenna patterns.
22.377 Certification of 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.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.

               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.
22.559 Paging application requirements.

                   One-way or Two-way Mobile Operation

22.561 Channels for one-way or two-way mobile operation.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
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.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.

                        Point-to-Point Operation

22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.599 Assignment of 72-76 MHz channels.
22.601 Existing microwave stations licensed under this part.
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.
22.657 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.

[[Page 30]]

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 and basic 
          exchange telephone radio systems.
22.727 Power limits for conventional rural radiotelephone transmitters.
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.

                  General Aviation Air-Ground Stations

22.805 Channels for general aviation air-ground service.
22.807 General aviation air-ground station application requirements.
22.809 Transmitting power limits.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.

                 Commercial Aviation Air-Ground Systems

22.853 Eligibility to hold interest in licenses limited to 3 MHz of 
          spectrum.
22.857 Frequency bands.
22.859 Incumbent commercial aviation air-ground systems.
22.861 Emission limitations.
22.863 Frequency stability.
22.867 Effective radiated power limits.
22.873 Construction requirements for commercial aviation air-ground 
          systems.
22.877 Unacceptable interference to part 90 non-cellular 800 MHz 
          licensees from commercial aviation air-ground systems.
22.878 Obligation to abate unacceptable interference.
22.879 Interference resolution procedures.
22.880 Information exchange.
22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
22.882 Designated entities.

                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.
22.943 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.
22.970 Unacceptable interference to part 90 non-cellular 800 MHz 
          licensees from cellular radiotelephone or part 90-800 MHz 
          cellular systems.
22.971 Obligation to abate unacceptable interference.
22.972 Interference resolution procedures.
22.973 Information exchange.

                Subpart I_Offshore Radiotelephone Service

22.1001 Scope.
22.1003 Eligibility.

[[Page 31]]

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

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

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



                      Subpart A_Scope and Authority



Sec. 22.1  Basis and purpose.

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

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]



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, is included in the authorization held by the 
licensee 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 that individual authorizations are required to 
operate rural subscriber stations in the Rural Radiotelephone Service 
under certain circumstances. See Sec. 22.703.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]



Sec. 22.5  Citizenship.

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

    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

[[Page 32]]

under this part. Applications are granted only if the applicant is 
legally, financially, technically and otherwise qualified to render the 
proposed service.

[70 FR 19307, Apr. 13, 2005]



Sec. 22.99  Definitions.

    Terms used in this part have the following meanings:
    Air-Ground Radiotelephone Service. A radio service in which 
licensees 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 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 licensees 
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

[[Page 33]]

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.
    Channel bandwidth. The spectral width of a channel, as specified in 
this part, within which 99% of the emission power must be contained.
    Channel block. A group of channels that are assigned together, not 
individually.
    Channel pair. Two channels that are assigned together, not 
individually. In this part, channel pairs are indicated by an ellipsis 
between the center frequencies.
    Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber 
communications.
    Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service.
    Control channel. In the Cellular Radiotelephone Service and the Air-
Ground Radiotelephone Service, a channel used to transmit information 
necessary to establish or maintain communications. In the other Public 
Mobile Services, a channel that may be assigned to a control 
transmitter.
    Control point. A location where the operation of a public mobile 
station is supervised and controlled by the licensee of that station.
    Control transmitter. A fixed transmitter in the Public Mobile 
Services that transmits control signals to one or more base or fixed 
stations for the purpose of controlling the operation of the base or 
fixed stations, and/or transmits subscriber communications to one or 
more base or fixed stations that retransmit them to subscribers.
    Dead spots. Small areas within a service area where the field 
strength is lower than the minimum level for reliable service. Service 
within dead spots is presumed.
    Dispatch service. A radiotelephone service comprising communications 
between a dispatcher and one or more mobile units. These communications 
normally do not exceed one minute in duration and are transmitted 
directly through a base station, without passing through mobile 
telephone switching facilities.
    Effective radiated power (ERP). The effective radiated power of a 
transmitter (with antenna, transmission line, duplexers etc.) is the 
power that would be necessary at the input terminals of 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.

[[Page 34]]

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 of interconnecting rural central offices.
    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 licensees 
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

[[Page 35]]

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 licensees are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    Radio telecommunication services. Communication services provided by 
the use of radio, including radiotelephone, radiotelegraph, paging and 
facsimile service.
    Radiotelegraph service. Transmission of messages from one place to 
another by means of radio.
    Radiotelephone service. Transmission of sound from one place to 
another by means of radio.
    Repeater. A fixed transmitter that retransmits the signals of other 
stations.
    Roamer. A mobile station receiving service from a station or system 
in the Public Mobile Services other than one to which it is a 
subscriber.
    Rural Radiotelephone Service. A radio service in which licensees 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)).

[[Page 36]]

    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.

[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; 70 
FR 19307, Apr. 13, 2005]



             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;
    (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:

[[Page 37]]

    (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.
    (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

[[Page 38]]

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.
    (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;

[[Page 39]]

    (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 at WTB, Spectrum Management Resources and Technologies Division, 
1270 Fairfield Road, Gettysburg, PA 17325, or electronically via the FCC 
Antenna Structure Registration home page, wireless.fcc.gov/antenna/.
    (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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19308, Apr. 13, 2005]



Sec. 22.150  Standard pre-filing technical coordination procedure.

    For operations on certain channels in the Public Mobile Services, 
carriers must attempt to coordinate the proposed use of spectrum with 
other spectrum users prior to filing an application for authority to 
operate a station. Rules requiring this procedure for specific channels 
and types of stations are contained in the subparts governing the 
individual Public Mobile Services.
    (a) Coordination comprises two steps--notification and response. 
Each step may be accomplished orally or in writing.
    (b) Notification must include relevant technical details of the 
proposal. At minimum, this should include the following:
    (1) Geographical coordinates of the antenna site(s).
    (2) Transmitting and receiving channels to be added or changed.
    (3) Transmitting power, emission type and polarization.
    (4) Transmitting antenna pattern and maximum gain.
    (5) Transmitting antenna height above ground level.
    (c) Applicants and licensees receiving notification must respond 
promptly, even if no channel usage conflicts are anticipated. If any 
notified party fails to respond within 30 days, the applicant may file 
the application without a response from that party.
    (d) The 30-day period begins on the date 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

[[Page 40]]

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. 22.165  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

[[Page 41]]

previously established ground station locations, pursuant to Sec. 
22.859, subject to compliance with the applicable technical rules. This 
section does not apply to General Aviation air-ground stations.
    (g) Rural Radiotelephone Service. A ``service area'' and 
``interfering contours'' must be determined using the same method as for 
stations in the Paging and Radiotelephone Service. The service area and 
interfering contours so determined for the additional transmitter(s) 
must be totally encompassed by the similarly determined composite 
service area contour and predicted interfering contour, respectively, of 
the existing station on the same channel. This section does not apply to 
Basic Exchange Telecommunications Radio Systems.
    (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

[[Page 42]]

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 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

[[Page 43]]

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]



            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. 1.929 of this chapter, 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.

[70 FR 61058, Oct. 20, 2005]



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) [Reserved]
    (4) Stations using Basic Exchange Telephone Radio Systems in the 
Rural Radiotelephone Service;
    (5) [Reserved]
    (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

[[Page 44]]

upon completion of the first transmission after the hour. Transmission 
of station identification may be temporarily delayed to avoid 
interrupting the continuity of any public communication in progress, 
provided that station identification is transmitted at the conclusion of 
that public communication.
    (c) Station identification must be transmitted by telephony using 
the English language or by telegraphy using the international Morse 
code, and in a form that can be received using equipment appropriate for 
the modulation type employed, and understood without the use of 
unscrambling devices, except that, alternatively, station identification 
may be transmitted digitally, provided that the licensee 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; 70 FR 19308, Apr. 13, 2005]



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.

[[Page 45]]

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

[[Page 46]]

national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination. Any licensee having 16 or 
more full-time employees that changes its existing equal employment 
opportunity program shall file with the FCC, no later than May 31st 
thereafter, a revised statement reflecting the change(s).

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

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

[[Page 47]]



Sec. 22.325  Control points.

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

                         Technical Requirements



Sec. 22.351  Channel assignment policy.

    The channels allocated for use in the Public Mobile Services are 
listed in the applicable subparts of this part. Channels and channel 
blocks are assigned in such a manner as to facilitate the rendition of 
service on an interference-free basis in each service area. Except as 
otherwise provided in this part, each channel or channel block is 
assigned exclusively to one licensee 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.

[70 FR 19308, Apr. 13, 2005]



Sec. 22.352  Protection from interference.

    Public Mobile Service stations operating in 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 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; 70 FR 19308, Apr. 13, 2005]



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.

[[Page 48]]

    (a) Except as provided in paragraph (c) of this section, licensees 
must resolve any cases of blanketing interference in their area of 
responsibility caused by operation of their transmitter(s) during a one-
year period following commencement of service from new or modified 
transmitter(s). Interference must be resolved promptly at no cost to the 
complainant.
    (b) The area of responsibility is that area in the immediate 
vicinity of the transmitting antenna of stations where the field 
strength of the electromagnetic radiation from such stations equals or 
exceeds 115 dB[micro]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 
emissions of any type(s) that comply with the applicable emission rule, 
i.e. Sec. 22.359, Sec. 22.861 or Sec. 22.917.

[70 FR 19308, Apr. 13, 2005]



Sec. 22.359  Emission limitations.

    The rules in this section govern the spectral characteristics of 
emissions in the Public Mobile Services, except for the Air-Ground 
Radiotelephone Service (see Sec. 22.861, instead) and the Cellular 
Radiotelephone Service (see Sec. 22.917, instead).
    (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 30 kHz or more. In the 60 kHz bands immediately outside and adjacent 
to the authorized frequency range or channel, a resolution bandwidth of 
at least one percent of the emission bandwidth of the fundamental 
emission of the transmitter may be employed. A narrower

[[Page 49]]

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., 30 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 the Public 
Mobile Services may establish an alternative out of band emission limit 
to be used at specified frequencies (band edges) 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 any of the Public Mobile Services 
results in interference to users of another radio service, the FCC may 
require a greater attenuation of that emission than specified in this 
section.

[70 FR 19308, Apr. 13, 2005]



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. 22.371  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

[[Page 50]]

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. 22.377  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.
    (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. 22.383  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.

    Eligible entities (see Sec. 22.7) 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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 51]]



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 52]]

    (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. 22.413  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]



               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.

[[Page 53]]

    (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 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

[[Page 54]]

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:
    (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,

[[Page 55]]

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 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

[[Page 56]]

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) 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:

[[Page 57]]

    (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.
    (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

[[Page 58]]

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, 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]

                            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
 

[[Page 59]]

 
                            High VHF Channels
 
152.24             152.84             158.10            158.70
 
                              UHF Channels
 
931.0125           931.2625           931.5125          931.7625
931.0375           931.2875           931.5375          931.7875
931.0625           931.3125           931.5625          931.8125
931.0875           931.3375           931.5875          931.8375
931.1125           931.3625           931.6125          931.8625
931.1375           931.3875           931.6375          931.8875
931.1625           931.4125           931.6625          931.9125
931.1875           931.4375           931.6875          931.9375
931.2125           931.4625           931.7125          931.9625
931.2375           931.4875           931.7375          931.9875
 

    (a)-(b) [Reserved]
    (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; 70 FR 19309, Apr. 13, 2005]



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.

[[Page 60]]

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

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



Sec. 22.537  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 22.531. These criteria permit channel 
assignments to be made in a manner such that reception by public paging 
receivers of signals from base transmitters, within the service area of 
such base transmitters, is protected from interference caused by the 
operation of independent co-channel base transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless 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=1.243xh\0.40\xp\0.20\

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=6.509xh\0.28\xp\0.17\

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


[[Page 61]]


    (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.
    (h) Signal boosters on 931 MHz channels. For the purpose of 
compliance

[[Page 62]]

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. 22.559  Paging application requirements.

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

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

                   One-way or Two-way Mobile Operation



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

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

------------------------------------------------------------------------
              Base                 Mobile          Base          Mobile
------------------------------------------------------------------------
                              VHF Channels
------------------------------------------------------------------------
 
152.03.........................  158.49     152.57............  157.83
152.06.........................  158.52     152.60............  157.86
152.09.........................  158.55     152.63............  157.89
152.12.........................  158.58     152.66............  157.92
152.15.........................  158.61     152.69............  157.95
152.18.........................  158.64     152.72............  157.98
152.21.........................  158.67     152.75............  158.01
152.51.........................  157.77     152.78............  158.04
152.54.........................  157.80     152.81............  158.07
------------------------------------------------------------------------
 
                              UHF Channels
------------------------------------------------------------------------
 
454.025........................  459.025    454.350...........  459.350
454.050........................  459.050    454.375...........  459.375
454.075........................  459.075    454.400...........  459.400
454.100........................  459.100    454.425...........  459.425
454.125........................  459.125    454.450...........  459.450
454.150........................  459.150    454.475...........  459.475
454.175........................  459.175    454.500...........  459.500
454.200........................  459.200    454.525...........  459.525

[[Page 63]]

 
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. 22.565  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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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,

[[Page 64]]

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=1.609xh\0.40\xp\0.20\

where:

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

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

d=8.577xh\0.24\xp\0.19\

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=12.306xh\0.23\xp\0.14\

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

[[Page 65]]

contour along each cardinal radial is calculated as follows:

d=1.726xh\0.35\xp\0.18\

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=9.471xh\0.23\xp\0.15\

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=6.336xh\0.31\xp\0.15\

where:

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

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

d=36.364xh\0.2\x p\0.1\

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.

[[Page 66]]



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. 22.579  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

[[Page 67]]

interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (b) Encompassment exhibit. An exhibit showing that the area within 
the interfering contour of the proposed transmitter would be totally 
encompassed by interfering contours of operating co-channel base 
transmitters controlled by the applicant is required for applications to 
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.565. This encompassment exhibit may substitute 
for the interference exhibit required in paragraph (a) of this section.

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

                        Point-to-Point Operation



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

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

                              VHF Channels
 
72.02              72.36              72.80             75.66
72.04              72.38              72.82             75.68
72.06              72.40              72.84             75.70
72.08              72.42              72.86             75.72
72.10              72.46              72.88             75.74
72.12              72.50              72.90             75.76
72.14              72.54              72.92             75.78
72.16              72.58              72.94             75.80
72.18              72.62              72.96             75.82
72.20              72.64              72.98             75.84
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
 

    (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) [Reserved]
    (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, as amended at 70 
FR 19309, Apr. 13, 2005]



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 isotropically radiated power of existing fixed microwave 
stations (2110-2130 and 2160-2180 MHz) licensed under this part 
(pursuant to former rules) must not exceed the applicable limits set 
forth in Sec. 101.113 of this chapter.

[70 FR 19309, Apr. 13, 2005]



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

[[Page 68]]

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



Sec. 22.601  Existing microwave stations licensed under this part.

    Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed 
under this part (pursuant to former rules) are subject to the transition 
rules in Sec. 22.602. No new microwave 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.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



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

    The 2110-2130 and 2160-2180 MHz microwave channels formerly listed 
in Sec. 22.591 have been re-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) [Reserved]

[[Page 69]]

    (c) Relocation of fixed microwave licensees in the 2110-2130 MHz and 
2160-2180 MHz bands will be subject to mandatory negotiations only. A 
separate mandatory negotiation period will commence for each fixed 
microwave licensee when an ET licensee informs that fixed microwave 
licensee in writing of its desire to negotiate. Mandatory negotiation 
periods are defined as follows:
    (1) Non-public safety incumbents will have a two-year mandatory 
negotiation period; and
    (2) Public safety incumbents will have a three-year mandatory 
negotiation period.
    (d) The mandatory negotiation period is triggered at the option of 
the ET licensee. 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 end of the mandatory negotiation 
period, ET licensees may initiate involuntary relocation procedures 
under the Commission's rules. ET licensees are obligated to pay to 
relocate only the specific microwave links to which their systems pose 
an interference problem. Under involuntary relocation, a PARS licensee 
is required to relocate, provided that:
    (1) The ET applicant, provider, licensee or representative 
guarantees payment of relocation costs, including all engineering, 
equipment, site and FCC fees, as well as any legitimate and prudent 
transaction expenses incurred by the PARS licensee that are directly 
attributable to an involuntary relocation, subject to a cap of two 
percent of the hard costs involved. Hard costs are defined as the actual 
costs associated with providing a replacement system, such as equipment 
and engineering expenses. ET licensees are not required to pay PARS 
licensees for internal resources devoted to the relocation process. ET 
licensees are not required to pay for transaction costs incurred by PARS 
licensees during the voluntary or mandatory periods once the involuntary 
period is initiated or for fees that cannot be legitimately tied to the 
provision of comparable facilities;
    (2) The ET applicant, provider, licensee or representative completes 
all activities necessary for implementing the replacement facilities, 
including engineering and cost analysis of the relocation procedure and, 
if radio facilities are involved, identifying and obtaining, on the 
incumbents behalf, new channels and frequency coordination; and,
    (3) The ET applicant, provider, licensee or representative builds 
the replacement system and tests it for comparability with the existing 
2 GHz system.
    (f) Comparable Facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing

[[Page 70]]

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) [Reserved]
    (i) After April 25, 1996, all major modifications and extensions to 
existing PARS systems operating on channels in the 2110-2130 and 2160-
2180 MHz bands will be authorized on a secondary basis to future ET 
operations. All other modifications will render the modified PARS 
license secondary to future ET operations unless the incumbent 
affirmatively justifies primary status and the incumbent PARS licensee 
establishes that the modification would not add to the relocation costs 
of ET licensees. Incumbent PARS licensees will maintain primary status 
for the following technical changes:
    (1) Decreases in power;
    (2) Minor changes (increases or decreases) in antenna height;
    (3) Minor location changes (up to two seconds);
    (4) Any data correction which does not involve a change in the 
location of an existing facility;
    (5) Reductions in authorized bandwidth;
    (6) Minor changes (increases or decreases) in structure height;
    (7) Changes (increases or decreases) in ground elevation that do not 
affect centerline height;
    (8) Minor equipment changes.
    (j) Sunset. PARS licensees will maintain primary status in the 2110-
2130 MHz 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., for the 2110-
2130 MHz and 2160-2180 MHz bands, ten years after the first ET license 
is issued in the respective band). 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 TSB 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

[[Page 71]]

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).
    (k) Reimbursement and relocation expenses in the 2110-2130 MHz and 
2160-2180 MHz bands. Whenever an ET licensee in the 2110-2130 MHz and 
2160-2180 MHz band relocates a paired PARS link with one path in the 
2110-2130 MHz band and the paired path in the 2160-2180 MHz band, the ET 
license will be entitled to reimbursement pursuant to the procedures 
described in Sec. Sec. 27.1160 through 27.1174 of this chapter.

[61 FR 29689, June 12, 1996, as amended at 70 FR 19309, Apr. 13, 2005; 
71 FR 29834, May 24, 2006]



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
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
 

[[Page 72]]

 
                        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
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
 

[[Page 73]]

 
                              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).
    (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]
                                                       ]
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

[[Page 74]]

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, 
70 FR 19309, Apr. 13, 2005]



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)):

------------------------------------------------------------------------
                                                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.

[[Page 75]]

 
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 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

[[Page 76]]

 
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between
  those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


               Table E-6--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5

[[Page 77]]

 
193 (120).................................................       50       19        9        5        3       2
----------------------------------------------------------------------------------------------------------------
See 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; as amended at 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. 22.657  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).

[[Page 78]]



------------------------------------------------------------------------
                                                                  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 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.
------------------------------------------------------------------------


[[Page 79]]

    (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[micro]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 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).


[[Page 80]]

    (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
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.


[[Page 81]]


                              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]



                 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. Subscribers are 
also eligible to hold authorizations to operate rural subscriber 
stations in the Rural Radiotelephone Service.

[69 FR 75170, Dec. 15, 2004]



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

[[Page 82]]

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

[[Page 83]]

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]



Sec. 22.711  Provision of information to applicants.

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

[59 FR 59954, Nov. 21, 1994]



Sec. 22.713  Construction period for rural radiotelephone stations.

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



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

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



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

[[Page 84]]

available in the area to meet realistic estimates of current and future 
demand for paging, two-way mobile and rural radiotelephone services. In 
the case of conventional rural radiotelephone central office stations, 
an explanation must be provided as to why BETRS technology is not being 
used instead of additional channel pairs.

               Conventional Rural Radiotelephone Stations



Sec. 22.721  Geographic area authorizations.

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

[62 FR 11636, Mar. 12, 1997]



Sec. 22.723  Secondary site-by-site authorizations.

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

    The following channels are allocated for paired assignment to 
transmitters that provide conventional rural radiotelephone service and 
to transmitters in basic exchange telephone radio systems. 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.

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995, as amended at 70 
FR 19309, Apr. 13, 2005]

[[Page 85]]



Sec. 22.727  Power limits for conventional rural radiotelephone transmitters.

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

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

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

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]



Sec. 22.731  Emission limitations.

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



Sec. 22.733  Priority of service.

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



Sec. 22.737  Temporary fixed stations.

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

[[Page 86]]

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.

[70 FR 19309, Apr. 13, 2005]



Sec. 22.759  Power limit for BETRS.

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

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

    (b) Height-power limit. The ERP of central office stations in BETRS 
must 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 air-
ground stations and systems. The licensing and operation of these 
stations and systems is also subject to rules elsewhere in this part and 
in part 1 of this chapter that generally apply to the Public Mobile 
Services. In case of conflict, however, the rules in this subpart 
govern.

[70 FR 19309, Apr. 13, 2005]

                  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. 22.807  General aviation air-ground application requirements.

    In addition to the information required by subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a general 
aviation air-ground station 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.

[[Page 87]]

    (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 (NAD83) correct to 1 second, site 
elevation above mean sea level, proximity to adjacent market boundaries 
and international borders;
    (2) Antenna height to tip above ground level, antenna gain in the 
maximum lobe, the electric field polarization of the wave emitted by the 
antenna when installed as proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, any non-standard emission types to be used, 
including bandwidth and modulation type and the transmitter 
classification (e.g. ground or signaling).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999. Redesignated and 
amended at 70 FR 19309, Apr. 13, 2005]



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. 22.813  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. 1.946 of this chapter) for 
general aviation ground stations is 12 months.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.817  Additional channel policies.

    The rules in this section govern the processing of applications for 
authority to operate a ground station transmitter on any ground station 
communication channel listed in Sec. 22.805 when the applicant has 
applied or been granted an authorization for other ground station 
communication channels in the same area. The general policy of the FCC 
is to assign one ground station communication channel in an area to a 
carrier per application cycle, up to a maximum of six ground station 
communication channels per area. That is, a carrier must apply for one 
ground station communication channel, receive the authorization, 
construct the station, and notify the FCC of commencement of service 
before applying for an additional ground station communication channel 
in that area.
    (a) Air-ground transmitters in same area. Any transmitter on any of 
the ground station channels listed in Sec. 22.805 is considered to be 
in the same

[[Page 88]]

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.

                 Commercial Aviation Air-Ground Systems



Sec. 22.853  Eligibility to hold interest in licenses limited to 3 MHz of spectrum.

    No individual or entity may hold, directly or indirectly, a 
controlling interest in licenses authorizing the use of more than three 
megahertz of spectrum (either shared or exclusive) in the 800 MHz 
commercial aviation Air-Ground Radiotelephone Service frequency bands 
(see Sec. 22.857). Individuals and entities with either de jure or de 
facto control of a licensee in these bands will be considered to have a 
controlling interest in its license(s). For purposes of this rule, the 
definitions of ``controlling interests'' and ``affiliate'' set forth in 
paragraphs (c)(2) and (c)(5) of Sec. 1.2110 of this chapter shall 
apply.

[70 FR 19310, Apr. 13, 2005]



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

    The 849-851 MHz and 894-896 MHz frequency bands are designated for 
paired nationwide exclusive assignment to the licensee or licensees of 
systems providing radio telecommunications service, including voice and/
or data service, to persons on board aircraft. Air-ground systems 
operating in these frequency bands are referred to in this part as 
``commercial aviation'' systems.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.859  Incumbent commercial aviation air-ground systems.

    This section contains rules concerning continued operation of 
commercial aviation air-ground systems that were originally authorized 
prior to January 1, 2004 to provide radiotelephone service using 
narrowband (6 kHz) channels, and that have been providing service 
continuously since the original commencement of service (hereinafter 
``incumbent systems'').
    (a) An incumbent system may continue to operate under its 
authorization, for the remaining term of such authorization, subject to 
the terms and conditions attached thereto. Wherever

[[Page 89]]

such technical and operational conditions differ from technical and 
operational rules in this subpart, those conditions shall govern its 
operations.
    (b) Notwithstanding any other provision in this chapter, the 
licensee of an incumbent system shall not be entitled to an expectation 
of renewal of said authorization.
    (c) During the period that an incumbent system continues to operate 
and provide service pursuant to paragraph (a) of this section, air-
ground systems of licensees holding a new authorization for the spectrum 
within which the incumbent system operates must not cause interference 
to the incumbent system. Protection from interference requires that the 
signals of the new systems must not exceed a ground station received 
power of -130 dBm within a 6 kHz receive bandwidth, calculated assuming 
a 0 dBi vertically polarized receive antenna.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.861  Emission limitations.

    The rules in this section govern the spectral characteristics of 
emissions for commercial aviation systems in the Air-Ground 
Radiotelephone Service. Commercial aviation air-ground systems may use 
any type of emission or technology that complies with the technical 
rules in this subpart.
    (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. The licensee(s) of 
commercial aviation air-ground systems, together with affected licensees 
of Cellular Radiotelephone Service systems operating in the spectrum 
immediately below and adjacent to the commercial aviation air-ground 
bands, may establish an alternative out of band emission limit to be 
used at the 849 MHz and 894 MHz 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.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.863  Frequency stability.

    The frequency stability of equipment used under this subpart shall 
be sufficient to ensure that, after accounting for Doppler frequency 
shifts, the occupied bandwidth of the fundamental emissions remains 
within the authorized frequency bands of operation.

[70 FR 19310, Apr. 13, 2005]



Sec. 22.867  Effective radiated power limits.

    The effective radiated power (ERP) of ground and airborne stations 
operating on the frequency ranges listed in Sec. 22.857 must not exceed 
the limits in this section.
    (a) The peak ERP of airborne mobile station transmitters must not 
exceed 12 Watts.

[[Page 90]]

    (b) The peak ERP of ground station transmitters must not exceed 500 
Watts.

[70 FR 19310, Apr. 13, 2005]



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

    Licensees authorized to use more than one megahertz (1 MHz) of the 
800 MHz commercial aviation air-ground spectrum allocation (see Sec. 
22.857) must make a showing of ``substantial service'' as set forth in 
this section. Failure by any such licensee to meet this requirement will 
result in forfeiture of the license and the licensee will be ineligible 
to regain it. Licensees authorized to use one megahertz or less of the 
800 MHz commercial aviation air-ground spectrum allocation are not 
subject to the requirements in this section.
    (a) ``Substantial service'' is defined as service that is sound, 
favorable, and substantially above a level of mediocre service that just 
might minimally warrant renewal.
    (b) Each commercial aviation air-ground system subject to the 
requirements of this section must demonstrate substantial service within 
5 years after grant of the authorization. Substantial service may be 
demonstrated by, but is not limited to, either of the following ``safe 
harbor'' provisions:
    (1) Construction and operation of 20 ground stations, with at least 
one ground station located in each of the 10 Federal Aviation 
Administration regions; or,
    (2) Provision of service to the airspace of 25 of the 50 busiest 
airports (as measured by annual passenger boardings).

[70 FR 19310, Apr. 13, 2005]



Sec. 22.877  Unacceptable interference to Part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.

    The definition of unacceptable interference to non-cellular part 90 
licensees in the 800 MHz band from commercial aviation air-ground 
systems is the same as the definition set forth in Sec. 22.970 which is 
applicable to Cellular Radiotelephone Service systems.

[70 FR 19311, Apr. 13, 2005]



Sec. 22.878  Obligation to abate unacceptable interference.

    This section applies only to commercial aviation ground stations 
transmitting in the 849-851 MHz band, other than commercial aviation 
ground stations operating under the authority of a license originally 
granted prior to January 1, 2004.
    (a) Strict responsibility. Any licensee who, knowingly or 
unknowingly, directly or indirectly, causes or contributes to causing 
unacceptable interference to a non-cellular part 90 licensee in the 800 
MHz band, as defined in Sec. 22.877, shall be strictly accountable to 
abate the interference, with full cooperation and utmost diligence, in 
the shortest time practicable. Interfering licensees shall consider all 
feasible interference abatement measures, including, but not limited to, 
the remedies specified in the interference resolution procedures set 
forth in Sec. 22.879. This strict responsibility obligation applies to 
all forms of interference, including out-of-band emissions and 
intermodulation.
    (b) Joint and Several responsibility. If two or more licensees, 
whether in the commercial aviation air-ground radiotelephone service or 
in the Cellular Radiotelephone Service (see Sec. 22.971), knowingly or 
unknowingly, directly or indirectly, cause or contribute to causing 
unacceptable interference to a non-cellular part 90 licensee in the 800 
MHz band, as defined in Sec. 22.877, such licensees shall be jointly 
and severally responsible for abating interference, with full 
cooperation and utmost diligence, in the shortest practicable time.
    (1) This joint and several responsibility rule requires interfering 
licensees to consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.879(c). This 
joint and several responsibility rule applies to all forms of 
interference, including out-of-band emissions and intermodulation.

[[Page 91]]

    (2) Any licensee that can show that its signal does not directly or 
indirectly cause or contribute to causing unacceptable interference to a 
non-cellular part 90 licensee in the 800 MHz band, as defined in Sec. 
22.877, shall not be held responsible for resolving unacceptable 
interference. Notwithstanding, any licensee that receives an 
interference complaint from a public safety/CII licensee shall respond 
to such complaint consistent with the interference resolution procedures 
set forth in Sec. 22.879.

[70 FR 19411, Apr. 13, 2005]



Sec. 22.879  Interference resolution procedures.

    This section applies only to commercial aviation ground stations 
transmitting in the 849-851 MHz band, other than commercial aviation 
ground stations operating under the authority of a license originally 
granted prior to January 1, 2004.
    (a) Initial notification. Commercial aviation air-ground system 
licensees may receive initial notification of interference from non-
cellular part 90 licensees in the 800 MHz band pursuant to Sec. 
90.674(a) of this chapter.
    (1) Commercial aviation air-ground system licensees shall join with 
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in 
utilizing an electronic means of receiving the initial notification 
described in Sec. 90.674(a) of this chapter. See Sec. 22.972.
    (2) Commercial aviation air-ground system licensees must respond to 
the initial notification described in Sec. 90.674(a) of this chapter as 
soon as possible and no later than 24 hours after receipt of 
notification from a part 90 public safety/CII licensee. This response 
time may be extended to 48 hours after receipt from other part 90 non-
cellular licensees provided affected communications on these systems are 
not safety related.
    (b) Interference analysis. Commercial aviation air-ground system 
licensees--who receive an initial notification described in Sec. 
90.674(a) of this chapter--shall perform a timely analysis of the 
interference to identify the possible source. Immediate on-site visits 
may be conducted when necessary to complete timely analysis. 
Interference analysis must be completed and corrective action initiated 
within 48 hours of the initial complaint from a part 90 public safety/
CII licensee. This response time may be extended to 96 hours after the 
initial complaint from other part 90 non-cellular licensees provided 
affected communications on these systems are not safety related. 
Corrective action may be delayed if the affected licensee agrees in 
writing (which may be, but is not required to be, recorded via e-mail or 
other electronic means) to a longer period.
    (c) Mitigation steps. Any commercial aviation air-ground system that 
is responsible for causing unacceptable interference to non-cellular 
part 90 licensees in the 800 MHz band shall take affirmative measures to 
resolve such interference.
    (1) Commercial aviation air-ground system licensees found to 
contribute to unacceptable interference, as defined in Sec. 22.877, 
shall resolve such interference in the shortest time practicable. 
Commercial aviation air-ground system licensees must provide all 
necessary test apparatus and technical personnel skilled in the 
operation of such equipment as may be necessary to determine the most 
appropriate means of timely eliminating the interference. However, the 
means whereby interference is abated or the technical parameters that 
may need to be adjusted is left to the discretion of the commercial 
aviation air-ground system licensee, whose affirmative measures may 
include, but not be limited to, the following techniques:
    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the commercial aviation air-ground 
system signal;
    (iii) Modifying the commercial aviation air-ground system antenna 
height;
    (iv) Modifying the commercial aviation air-ground system antenna 
characteristics;
    (v) Incorporating filters into the commercial aviation air-ground 
system transmission equipment;
    (vi) Changing commercial aviation air-ground system frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is

[[Page 92]]

used, in all circumstances, commercial aviation air-ground system 
licensees shall be responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 non-cellular licensee shall, consistent 
with but not compromising safety, make all necessary concessions to 
accepting interference until a longer-term remedy can be implemented.
    (3) When a part 90 public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear and imminent danger to life or property, 
must be made by written statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;
    (ii) Thoroughly describes the basis of the claim of clear and 
imminent danger;
    (iii) Was formulated on the basis of either personal knowledge or 
belief after due diligence;
    (iv) Is not proffered by a contractor or other third party; and,
    (v) Has been approved by the Chief of the Public Safety and Homeland 
Security Bureau or other designated Commission official. Prior to the 
authorized official making a determination that a clear and imminent 
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a 
copy transmitted by the fastest available means to the Washington, DC 
office of the Commission's Public Safety and Homeland Security Bureau.

[70 FR 19311, Apr. 13, 2005, as amended at 71 FR 69038, Nov. 29, 2006]



Sec. 22.880  Information exchange.

    (a) Prior notification. Public safety/CII licensees may notify a 
commercial aviation air-ground system licensee that they wish to receive 
prior notification of the activation or modification of a commercial 
aviation air-ground system ground station site in their area. 
Thereafter, the commercial aviation air-ground system licensee must 
provide the following information to the public safety/CII licensee at 
least 10 business days before a new ground station is activated or an 
existing ground station is modified:
    (1) Location;
    (2) Effective radiated power;
    (3) Antenna manufacturer, model number, height above ground level 
and up tilt angle, as installed;
    (4) Channels available for use.
    (b) Purpose of prior notification. The prior notification of ground 
station activation or modification is for informational purposes only: 
public safety/CII licensees are not afforded the right to accept or 
reject the activation of a proposed ground station or to unilaterally 
require changes in its operating parameters. The principal purposes of 
prior notification are to:
    (1) Allow a public safety licensee to advise the commercial aviation 
air-ground system licensee whether it believes a proposed ground station 
will generate unacceptable interference;
    (2) Permit commercial aviation air-ground system licensee(s) to make 
voluntary changes in ground station parameters when a public safety 
licensee alerts them to possible interference; and
    (3) Rapidly identify the source if interference is encountered when 
the ground station is activated.

[70 FR 19312, Apr. 13, 2005]



Sec. 22.881  Air-Ground Radiotelephone Service subject to competitive bidding.

    Mutually exclusive initial applications for general aviation Air-
Ground Radiotelephone Service licenses and mutually exclusive initial 
applications for commercial Air-Ground Radiotelephone 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.

[70 FR 76417, Dec. 27, 2005]

[[Page 93]]



Sec. 22.882  Designated entities.

    (a) Eligibility for small business provisions in the commercial Air-
Ground Radiotelephone Service.
    (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.
    (b) Bidding credits in the commercial Air-Ground Radiotelephone 
Service.
    (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 a commercial Air-Ground 
Radiotelephone Service license.
    (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 a commercial Air-Ground Radiotelephone Service license.

[70 FR 76417, Dec. 27, 2005]



                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, 
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

[[Page 94]]

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 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).

[[Page 95]]

    (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=2.531xh\0.34\ xp\0.17\

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 h\0.30\x p\0.15\

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[micro]V/m (i.e. does not exceed 32 dB[micro]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 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)

[[Page 96]]

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 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

[[Page 97]]

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 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

[[Page 98]]

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. In general, the effective radiated power (ERP) of 
base transmitters and cellular repeaters must not exceed 500 Watts. 
However, for those systems operating in areas more than 72 km (45 miles) 
from international borders that:
    (1) Are located in counties with population densities of 100 persons 
or fewer per square mile, based upon the most recently available 
population statistics from the Bureau of the Census; or,
    (2) Extend coverage on a secondary basis into cellular unserved 
areas, as those areas are defined in Sec. 22.949, the ERP of base 
transmitters and cellular repeaters of such systems must not exceed 1000 
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.

[59 FR 59507, Nov. 17, 1994, as amended at 69 FR 75171, Dec. 15, 2004]



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 greater 
attenuation of that emission than specified in this section.

[67 FR 77191, Dec. 17, 2002]

[[Page 99]]



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 gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed:

[[Page 100]]

    (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]



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 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

[[Page 101]]

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 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

[[Page 102]]

    (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:
    (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

[[Page 103]]

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. 22.943  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.

[[Page 104]]

    (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]



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

[[Page 105]]

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 Federal 
Communications Commission, Wireless Telecommunications Bureau, Mobility 
Division, 445 12th Street, SW., 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; 70 FR 61058, Oct. 20, 2005]



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.

[65 FR 37057, June 13, 2000, as amended at 70 FR 61059, Oct. 20, 2005]

[[Page 106]]



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.

    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

[[Page 107]]

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. 1.927 of this chapter, Phase I applications are subject to the 
following additional limitations in regard to the filing of amendments.
    (1) The Commission will not accept amendments (of any type) to 
mutually exclusive Phase I applications prior to the conclusion of the 
competitive bidding process.
    (2) The FCC will not accept major amendments to Phase I 
applications.
    (3) Minor amendments required by Sec. 1.65 of this chapter must be 
filed no later than thirty (30) days after public notice announcing the 
results of the competitive bidding process.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59956, Nov. 21, 1994; 
61 FR 58339, Nov. 14, 1996; 67 FR 9610, Mar. 4, 2002; 70 FR 61059, Oct. 
20, 2005]



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

[[Page 108]]

(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 
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

[[Page 109]]

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(a) and (b) of this chapter, 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(k) of this chapter--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) through (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; 70 FR 61059, Oct. 
20, 2005]



Sec. 22.955  Canadian condition.

    Pursuant to an agreement between the FCC and the Department of 
Communications in Canada, authorizations for cellular systems within 72 
kilometers (45 miles) of the U.S.-Canadian border must have the 
following condition attached:

    This authorization is subject to the condition that, in the event 
that cellular systems using the same channel block as granted herein are 
authorized in adjacent territory in Canada, coordination of any of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the U.S.-Canadian border shall be required to eliminate any harmful 
interference that might otherwise exist and to insure continuance of 
equal access to the channel block by both countries.



Sec. 22.957  Mexican condition.

    Pursuant to an agreement between the United States and Mexico, FCC 
authorizations for cellular systems within 72 kilometers (45 miles) of 
the United States-Mexican border must have the following condition 
attached:

    This authorization is subject to the condition that, in the event 
cellular systems using the same frequencies granted herein are 
authorized in adjacent territory in Mexico, coordination of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the United States-Mexico border shall be required to eliminate any 
harmful interference that might otherwise exist and to ensure 
continuance of equal access to the frequencies by both countries. The 
operator of this system shall not contract with customers in Mexico, and 
further, users of the system must be advised that operation of a mobile 
unit in Mexico is not permitted at this time without the express 
permission of the Mexican government. The above conditions are subject 
to modification pending further notice from the FCC.



Sec. 22.959  Rules governing processing of applications for initial systems.

    Pending applications for authority to operate the first cellular 
system on a channel block in an MSA or RSA market continue to be 
processed under the rules governing the processing of such

[[Page 110]]

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]



Sec. 22.970  Unacceptable interference to part 90 non-cellular 800 MHz 
licensees from cellular radiotelephone or part 90-800 MHz cellular systems.

    (a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable 
interference to non-cellular part 90 licensees in the 800 MHz band from 
cellular radiotelephone or part 90-800 MHz cellular systems will be 
deemed to occur when the below conditions are met:
    (1) A transceiver at a site at which interference is encountered:
    (i) Is in good repair and operating condition, and is receiving:
    (A) A median desired signal of -104 dBm or higher, as measured at 
the R.F. input of the receiver of a mobile unit; or
    (B) A median desired signal of -101 dBm or higher, as measured at 
the R.F. input of the receiver of a portable i.e. hand-held unit; and, 
either
    (ii) Is a voice transceiver:
    (A) With manufacturer published performance specifications for the 
receiver section of the transceiver equal to, or exceeding, the minimum 
standards set out in paragraph (b) of this section, below; and;
    (B) Receiving an undesired signal or signals which cause the 
measured Carrier to Noise plus interference (C/(I+N)) ratio of the 
receiver section of said transceiver to be less than 20 dB, or,
    (iii) Is a non-voice transceiver receiving an undesired signal or 
signals which cause the measured bit error rate (BER) (or some 
comparable specification) of the receiver section of said transceiver to 
be more than the value reasonably designated by the manufacturer.
    (2) Provided, however, that if the receiver section of the mobile or 
portable voice transceiver does not conform to the standards set out in 
paragraph (b) of this section, then that transceiver shall be deemed 
subject to unacceptable interference only at sites where the median 
desired signal satisfies the applicable threshold measured signal power 
in paragraph (a)(1)(i) of this section after an upward adjustment to 
account for the difference in receiver section performance. The upward 
adjustment shall be equal to the increase in the desired signal required 
to restore the receiver section of the subject transceiver to the 20 dB 
C/(I+N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted 
threshold levels shall then define the minimum measured signal power(s) 
in lieu of paragraphs (a)(1)(i) of this section at which the licensee 
using such non-compliant transceiver is entitled to interference 
protection.
    (b) Minimum receiver requirements. Voice transceivers capable of 
operating in the 806-824 MHz portion of the 800 MHz band shall have the 
following minimum performance specifications in order for the system in 
which such transceivers are used to claim entitlement to full protection 
against unacceptable interference (See paragraph (a) (2) of this 
section).
    (1) Voice units intended for mobile use: 75 dB intermodulation 
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.
    (2) Voice units intended for portable use: 70 dB intermodulation 
rejection

[[Page 111]]

ratio; 70 dB adjacent channel rejection ratio; -116 dBm reference 
sensitivity.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]



Sec. 22.971  Obligation to abate unacceptable interference.

    (a) Strict Responsibility. Any licensee who, knowingly or 
unknowingly, directly or indirectly, causes or contributes to causing 
unacceptable interference to a non-cellular part 90 of this chapter 
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be 
strictly accountable to abate the interference, with full cooperation 
and utmost diligence, in the shortest time practicable. Interfering 
licensees shall consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.972(c). This 
strict responsibility obligation applies to all forms of interference, 
including out-of-band emissions and intermodulation.
    (b) Joint and several responsibility. If two or more licensees 
knowingly or unknowingly, directly or indirectly, cause or contribute to 
causing unacceptable interference to a non-cellular part 90 of this 
chapter licensee in the 800 MHz band, as defined in Sec. 22.970, such 
licensees shall be jointly and severally responsible for abating 
interference, with full cooperation and utmost diligence, in the 
shortest practicable time.
    (1) This joint and several responsibility rule requires interfering 
licensees to consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec. 22.972(c). This 
joint and several responsibility rule applies to all forms of 
interference, including out-of-band emissions and intermodulation.
    (2) Any licensee that can show that its signal does not directly or 
indirectly, cause or contribute to causing unacceptable interference to 
a non-cellular part 90 of this chapter licensee in the 800 MHz band, as 
defined in this chapter, shall not be held responsible for resolving 
unacceptable interference. Notwithstanding, any licensee that receives 
an interference complaint from a public safety/CII licensee shall 
respond to such complaint consistent with the interference resolution 
procedures set forth in this chapter.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]



Sec. 22.972  Interference resolution procedures.

    (a) Initial notification. (1) Cellular Radiotelephone licensees may 
receive initial notification of interference from non-cellular part 90 
of this chapter licensees in the 800 MHz band pursuant to Sec. 
90.674(a) of this chapter.
    (2) Cellular Radiotelephone licensees, in conjunction with part 90 
ESMR licensees, shall establish an electronic means of receiving the 
initial notification described in Sec. 90.674(a) of this chapter. The 
electronic system must be designed so that all appropriate Cellular 
Radiotelephone licensees and part 90 ESMR licensees can be contacted 
about the interference incident with a single notification. The 
electronic system for receipt of initial notification of interference 
complaints must be operating no later than February 22, 2005.
    (3) Cellular Radiotelephone licensees must respond to the initial 
notification described in Sec. 90.674(a) of this chapter, as soon as 
possible and no later than 24 hours after receipt of notification from a 
part 90 public safety/CII licensee. This response time may be extended 
to 48 hours after receipt from other part 90 non-cellular licensees 
provided affected communications on these systems are not safety 
related.
    (b) Interference analysis. Cellular Radiotelephone licensees--who 
receive an initial notification described in Sec. 90.674(a) of this 
chapter--shall perform a timely analysis of the interference to identify 
the possible source. Immediate on-site visits may be conducted when 
necessary to complete timely analysis. Interference analysis must be 
completed and corrective action initiated within 48 hours of the initial 
complaint from a part 90 of this chapter public safety/CII licensee. 
This response time may be extended to 96 hours after the initial 
complaint from other part 90 of this chapter non-cellular licensees 
provided affected communications on these systems are not safety 
related. Corrective action may

[[Page 112]]

be delayed if the affected licensee agrees in writing (which may be, but 
is not required to be, recorded via e-mail or other electronic means) to 
a longer period.
    (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of 
this chapter--800 MHz cellular system licensees who are responsible for 
causing unacceptable interference shall take all affirmative measures to 
resolve such interference. Cellular Radiotelephone licensees found to 
contribute to unacceptable interference, as defined in Sec. 22.970, 
shall resolve such interference in the shortest time practicable. 
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz 
cellular system licensees must provide all necessary test apparatus and 
technical personnel skilled in the operation of such equipment as may be 
necessary to determine the most appropriate means of timely eliminating 
the interference. However, the means whereby interference is abated or 
the cell parameters that may need to be adjusted is left to the 
discretion of the Cellular Radiotelephone and/or part 90 of this 
chapter--800 MHz cellular system licensees, whose affirmative measures 
may include, but not be limited to, the following techniques:
    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the part 90 ESMR and/or Cellular 
Radiotelephone system signal;
    (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna height;
    (iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna characteristics;
    (v) Incorporating filters into part 90 ESMR and/or Cellular 
Radiotelephone transmission equipment;
    (vi) Permanently changing part 90 ESMR and/or Cellular 
Radiotelephone frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is used, in all 
circumstances, Cellular Radiotelephone and/or part 90 of this chapter 
ESMR licensees shall be responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 of this chapter non-cellular licensee 
shall, consistent with but not compromising safety, make all necessary 
concessions to accepting interference until a longer-term remedy can be 
implemented.
    (3) Discontinuing operations when clear imminent danger exists. When 
a part 90 of this chapter public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear and imminent danger to life or property, 
must be made by written statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;
    (ii) Thoroughly describes the basis of the claim of clear and 
imminent danger;
    (iii) Was formulated on the basis of either personal knowledge or 
belief after due diligence;
    (iv) Is not proffered by a contractor or other third party; and
    (v) Has been approved by the Chief of the Public Safety and Homeland 
Security Bureau or other designated Commission official. Prior to the 
authorized official making a determination that a clear and imminent 
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a 
copy transmitted by the fastest available means to the Washington, DC 
office of the Commission's Public Safety and Homeland Security Bureau.

[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005; 
71 FR 69038, Nov. 29, 2006]



Sec. 22.973  Information exchange.

    (a) Prior notification. Public safety/CII licensees may notify a 
part 90 ESMR or cellular radiotelephone licensee that they wish to 
receive prior notification of the activation or modification of part 90 
ESMR or cellular radiotelephone cell sites in their area.

[[Page 113]]

Thereafter, the part 90 ESMR or cellular radiotelephone licensee must 
provide the following information to the public safety/CII licensee at 
least 10 business days before a new cell site is activated or an 
existing cell site is modified:
    (1) Location;
    (2) Effective radiated power;
    (3) Antenna height;
    (4) Channels available for use.
    (b) Purpose of prior notification. The prior coordination of cell 
sites is for informational purposes only. Public safety/CII licensees 
are not afforded the right to accept or reject the activation of a 
proposed cell or to unilaterally require changes in its operating 
parameters. The principal purposes of notification are to:
    (1) Allow a public safety licensee to advise the part 90 of this 
chapter ESMR or Cellular Radiotelephone licensee whether it believes a 
proposed cell will generate unacceptable interference;
    (2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR 
licensees to make voluntary changes in cell parameters when a public 
safety licensee alerts them to possible interference; and
    (3) Rapidly identify the source if interference is encountered when 
the cell is activated.

[69 FR 67834, Nov. 22, 2004]



                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.

    Any eligible entity (see Sec. 22.7) may apply for central station 
license(s) and/or offshore subscriber licenses under this subpart.

[70 FR 19312, Apr. 13, 2005]



Sec. 22.1005  Priority of service.

    Facilities in the Offshore Radiotelephone Service are intended 
primarily for rendition of public message service between offshore 
subscriber and central stations. However, they may also be used to 
render private leased line communication service, provided that such 
usage does not reduce or impair the extent or quality of communication 
service which would be available, in the absence of private leased line 
service, to the general public receiving or subsequently requesting 
public message service from an offshore central station.



Sec. 22.1007  Channels for offshore radiotelephone systems.

    The channels listed in this section are allocated for paired 
assignment to transmitters located in the specified geographical zones 
that provide offshore radiotelephone service. All channels have a 
bandwidth of 20 kHz and are designated by their center frequencies in 
MegaHertz.
    (a) Zone A--Southern Louisiana. The geographical area in Zone A is 
bounded as follows:

    From longitude W.87[deg]45[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:

[[Page 114]]



------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.425......................  491.425      488.575.........  491.575
488.450......................  491.450      488.600.........  491.600
488.475......................  491.475      488.625.........  491.625
488.500......................  491.500      488.650.........  491.650
488.525......................  491.525      488.675.........  491.675
488.550......................  491.550      488.700.........  491.700
------------------------------------------------------------------------

    (3) These channels may be assigned for use by relay stations in 
systems where it would be impractical to provide offshore radiotelephone 
service without the use of relay stations.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.725......................  491.725      488.775.........  491.775
488.750......................  491.750      488.800.........  491.800
------------------------------------------------------------------------

    (4) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency communications 
involving protection of life and property.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.825......................  491.825      488.875.........  491.875
488.850......................  491.850      488.900.........  491.900
------------------------------------------------------------------------

    (5) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                        Central              Subscriber
------------------------------------------------------------------------
                488.950................  491.950
------------------------------------------------------------------------

    (6) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency shut-off remote 
control telemetry, environmental data acquisition and disseminations, or 
facsimile transmissions.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.000......................  492.000      489.200.........  492.200
489.025......................  492.025      489.225.........  492.225
489.050......................  492.050      489.250.........  492.250
489.075......................  492.075      489.275.........  492.275
489.100......................  492.100      489.300.........  492.300
489.125......................  492.125      489.325.........  492.325
489.150......................  492.150      489.350.........  492.350
489.175......................  492.175      489.375.........  492.375
------------------------------------------------------------------------

    (7) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.400......................  492.400      489.725.........  492.725
489.425......................  492.425      489.750.........  492.750
489.450......................  492.450      489.775.........  492.775
489.475......................  492.475      489.800.........  492.800
489.500......................  492.500      489.825.........  492.825
489.525......................  492.525      489.850.........  492.850
489.550......................  492.550      489.875.........  492.875
489.575......................  492.575      489.900.........  492.900
489.600......................  492.600      489.925.........  492.925
489.625......................  492.625      489.950.........  492.950
489.650......................  492.650      489.975.........  492.975
489.675......................  492.675      490.000.........  493.000
489.700......................  492.700
------------------------------------------------------------------------

    (8) Interstitial channels. Interstitial channels are those with 
center frequencies offset by 12.5 kHz from the 
listed center frequencies. The FCC may assign interstitial channels to 
offshore stations in Zone A subject to the following conditions:
    (i) Offshore stations transmitting on interstitial channels must be 
located east of W.92[deg] longitude.
    (ii) Operations on interstitial channels are considered to be 
secondary to operations on channels with the listed center frequencies.
    (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:

[[Page 115]]



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

[[Page 116]]

 
477.650                              480.650
477.675                              480.675
477.700                              480.700
477.725                              480.725
477.750                              480.750
477.775                              480.775
477.800                              480.800
477.825                              480.825
477.850                              480.850
477.875                              480.875
477.900                              480.900
477.925                              480.925
477.950                              480.950
477.975                              480.975
 


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



Sec. 22.1009  Transmitter locations.

    The rules in this section establish limitations on the locations 
from which stations in the Offshore Radiotelephone Service may transmit.
    (a) All stations. Offshore stations must not transmit from locations 
outside the boundaries of the appropriate zones specified in Sec. 
22.1007. Offshore stations must not transmit from locations within 241 
kilometers (150 miles) of any full-service television station that 
transmits on the TV channel containing the channel on which the offshore 
station transmits.
    (b) Airborne subscriber stations. Airborne subscriber stations must 
not transmit from altitudes exceeding 305 meters (1000 feet) above mean 
sea level. Airborne mobile stations in Zone A must not transmit from 
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. 
Airborne mobile stations in Zone B must not transmit from locations 
within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne 
mobile stations in Zone C must not transmit from locations within 129 
kilometers (80 miles) of Corpus Christi or locations within 129 
kilometers (80 miles) of Houston, Texas.



Sec. 22.1011  Antenna height limitations.

    The antenna height of offshore stations must not exceed 61 meters 
(200 feet) above mean sea level. The antenna height of offshore surface 
mobile stations must not exceed 10 meters (30 feet) above the waterline.



Sec. 22.1013  Effective radiated power limitations.

    The effective radiated power (ERP) of transmitters in the Offshore 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum power. The ERP of transmitters in this service must not 
exceed 1000 Watts under any circumstances.
    (b) Mobile transmitters. The ERP of mobile transmitters must not 
exceed 100 Watts. The ERP of mobile transmitters, when located within 32 
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not 
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 
Watt.
    (c) Protection for TV Reception. The ERP limitations in this 
paragraph are intended to reduce the likelihood that interference to 
television reception from offshore radiotelephone operations will occur.
    (1) Co-channel protection. The ERP of offshore stations must not 
exceed the limits in Table I-1 of this section. The limits depend upon 
the height above 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

[[Page 117]]

 
330 km (205 mi)..............................     1000      900      800
2 km (200 mi)................................      800      710      630
314 km (195 mi)..............................      590      520      450
306 km (190 mi)..............................      450      400      330
298 km (185 mi)..............................      320      280      240
290 km (180 mi)..............................      250      210      175
282 km (175 mi)..............................      180      150      130
274 km (170 mi)..............................      175      110      100
266 km (165 mi)..............................       95       80       70
258 km (160 mi)..............................       65       55       50
249 km (155 mi)..............................       50       40       35
241 km (150 mi)..............................       35       30       25
------------------------------------------------------------------------



Sec. 22.1015  Repeater operation.

    Offshore central stations may be used as repeater stations provided 
that the licensee is able to maintain control of the station, and in 
particular, to turn the transmitter off, regardless of whether 
associated subscriber stations are transmitting at the time.

                     Table I-2--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                           30       61
                                                         meters   meters
         Distance from the 4.8 km (3 mi) limit            (100     (200
                                                         feet)    feet)
------------------------------------------------------------------------
6.4 km (4 mi).........................................       25        6
8.0 km (5 mi).........................................       40       10
9.7 km (6 mi).........................................       65       15
11.3 km (7 mi)........................................      100       25
12.9 km (8 mi)........................................      150       35
14.5 km (9 mi)........................................      215       50
16.1 km (10 mi).......................................      295       70
17.7 km (11 mi).......................................      400      100
19.3 km (12 mi).......................................      530      130
20.9 km (13 mi).......................................      685      170
22.5 km (14 mi).......................................      870      215
24.1 km (15 mi).......................................     1000      270
25.7 km (16 mi).......................................     1000      415
27.4 km (17 mi).......................................     1000      505
29.0 km (18 mi).......................................     1000      610
30.6 km (19 mi).......................................     1000      730
32.2 km (20 mi).......................................     1000      865
33.8 km (21 mi).......................................     1000     1000
------------------------------------------------------------------------



Sec. 22.1025  Permissible communications.

    Offshore central stations must communicate only with subscriber 
stations (fixed, temporary-fixed, mobile and airborne). Offshore 
subscriber stations must normally communicate only with and through 
offshore central stations. Stations in the Offshore Radiotelephone 
Service may communicate through relay stations authorized in this 
service.



Sec. 22.1031  Temporary fixed stations.

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



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).

[[Page 118]]

    (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.



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; 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

[[Page 119]]

intended for publication by press agencies, newspapers, or for public 
dissemination. In addition, these transmissions may be directed to one 
or more fixed points specifically named in a station license, or to 
unnamed points in accordance with the provisions of Sec. 23.53.

    Note: This section is not intended as a definition of any press 
classification. Correspondence admissible under any press classification 
is determined by the tariffs of the various common carriers on file with 
the Commission.

    Fixed station. The term ``fixed station'' in the fixed public or 
fixed public press service includes all apparatus used in rendering the 
authorized service at a particular location under a single instrument of 
authorization.
    Frequency tolerance. The maximum permissible departure by the center 
frequency of the frequency band occupied by an emission from the 
assigned frequency or by the carrier, or suppressed carrier, from the 
reference frequency.
    International fixed public radiocommunication service. A fixed 
service, the stations of which are open to public correspondence and 
which, in general, is intended to provide radiocommunication between any 
one of the contiguous 48 states (including the District of Columbia) and 
the State of Alaska, or the State of Hawaii, or any U.S. possession or 
any foreign point; or between any U.S. possession and any other point; 
or between the State of Alaska and any other point; or between the State 
of Hawaii and any other point. In addition, radiocommunications within 
the contiguous 48 states (including the District of Columbia) in 
connection with the relaying of international traffic between stations 
which provide the above service, are also deemed to be the international 
fixed public radiocommunications service; provided, however, that 
communications solely between Alaska, or any one of the contiguous 48 
states (including the District of Columbia), and either Canada or Mexico 
are not deemed to be in the international fixed public 
radiocommunication service when such radiocommunications are transmitted 
on frequencies above 72 MHz.
    International fixed public control service. A fixed service carried 
on for the purpose of communicating between transmitting stations, 
receiving stations, message centers or control points in the 
international fixed public radiocommunication service.
    Occupied bandwidth. The frequency bandwidth such that, below its 
lower and above its upper frequency limits, the mean powers radiated are 
each equal to 0.5 percent of the total mean power radiated by a given 
emission.
    Point-to-point telegraph station. The term ``point-to-point 
telegraph station'' means a fixed station authorized for radiotelegraph 
communication.
    Point-to-point telephone station. The term ``point-to-point 
telephone station'' means a fixed station authorized for radiotelephone 
communication.
    Point of communication. The term ``point of communication'' means a 
specific location designated in the license to which a station is 
authorized to communicate for the transmission of public correspondence.
    Radiotelegraph. The term ``radiotelegraph'' as used in this part 
shall be 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

[[Page 120]]

    (c) Controlling the transmission or reception of facsimile material.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22479, Aug. 21, 1973]



Sec. 23.12  Use of radiotelegraph emissions by radiotelephone stations.

    The licensee of a point-to-point radiotelephone station may be 
authorized to use type N0N, A1A, A2A, F1B, or F2B emission for 
identification, for test purposes or for the exchange of service 
messages.

[49 FR 48701, Dec. 14, 1984]



Sec. 23.13  Types of emission.

    Stations in the international fixed public radiocommunication 
services may be authorized to use any of the types of emission or 
combinations thereof, described in part 2 of this chapter, as well as 
new types which may be developed: Provided, That harmful interference to 
adjacent operations is not caused thereby, And provided further, That 
the intelligence to be transmitted will use the bandwidth requested to a 
degree of efficiency compatible with the current state of the art. A 
determination of the possibilities of interference will be made as 
outlined in Sec. 23.20. In certain cases frequencies or emissions may 
be authorized on a temporary basis to determine if interference will 
occur. During normal operations, emissions shall be centered about an 
assigned frequency. Non-centered emissions may be employed for short 
periods of time as needed to avoid interfering signals or meet 
fluctuating traffic loading: Provided, That the occupied bandwidth of 
these emissions be contained within the authorized bandwidth, And 
provided further, That prior to any such use, the Commission be notified 
of the reference frequency or frequencies proposed to be used in lieu of 
the assigned frequency.

[38 FR 22479, Aug. 21, 1973]



Sec. 23.14  Emission, bandwidth, modulation and transmission characteristics.

    In the services under this part emissions are designated by their 
classification and their necessary bandwidth in accordance with the 
following procedures:
    (a) Designation of emissions in applications. In applying for new 
frequency assignments for emissions not presently authorized, the 
emissions proposed to be used shall be described and their bandwidths 
specified as outlined in part 2 of this chapter.
    (b) Designation of emissions in authorizations. The emission 
designations used in authorizations will indicate only the maximum value 
of the necessary bandwidth for each type of modulation authorized.
    (c) New types of emissions. If application is made for a type of 
emission not covered by part 2 of this chapter, a full description of 
the emission must be provided and, if possible, measurements of its 
occupied bandwidth.

[38 FR 22479, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.15  Emission limitations.

    (a) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies below 30 MHz:
    (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

[[Page 121]]

the mean output power of the transmitter in accordance with the 
following schedule:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: At least 25 decibels;
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: at least 35 decibels;
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: at least 43 plus 10 log 
(mean output power in watts) decibels, or 80 decibels, whichever is the 
lesser attenuation.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than that specified in this section.

[38 FR 22479, Aug. 21, 1973; 38 FR 24901, Sept. 11, 1973]



Sec. 23.16  Frequency tolerances.

    (a) The frequency tolerance for stations in the International Fixed 
Public Radiocommunications Services shall be maintained as prescribed in 
the following table:

------------------------------------------------------------------------
                                                   Tolerances applicable
                                                    to new transmitters
                                                      installed after
                                                    September 19, 1973,
                                                        and to all
                 Frequency range                    transmitters after
                                                    September 19, 1975
                                                 -----------------------
                                                               Parts per
                                                    Percent     million
------------------------------------------------------------------------
10 to 50 kHz....................................          .1        1000
50 to 535 kHz...................................         .02         200
1605 to 30,000 kHz..............................       .0015          15
30 to 50 MHz....................................        .002          20
50 to 000 MHz...................................       .0005           5
1000 to 1850 MHz................................        .001          10
1850 to 1990 MHz................................         .02         200
1990 to 2500 MHz................................        .001          10
2500 to 10,500 MHz..............................         .03         300
10,500 to 40,000 MHz............................         .05         500
------------------------------------------------------------------------

    (b) Until September 19, 1975, the frequency tolerance of 
transmitters installed at stations in these services before September 
19, 1973, and operating within the frequency bands set forth below, 
shall be maintained within the following limits:

------------------------------------------------------------------------
                                                               Tolerance
                       Frequency range                         (percent)
------------------------------------------------------------------------
10 to 50 kHz................................................         0.1
50 to 535 kHz...............................................        0.02
1605 to 30000 kHz...........................................       0.003
Above 30 MHz................................................       (\1\)
------------------------------------------------------------------------
\1\ As set forth in the radio station license.


[38 FR 27386, Oct. 3, 1973]



Sec. 23.17  Frequency measurement.

    Each station shall provide for the measurement of all frequencies 
assigned thereto, and establish a procedure for checking them regularly. 
These measurements shall be made by means independent of the frequency 
control of the transmitter and shall be of accuracy sufficient to detect 
deviation from the assigned frequency within one-half of the allowed 
tolerance. A record shall be kept of the results and dates of all 
frequency measurements.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.18  Authorization of power.

    (a) Authorized power. Power, when designated in the respective 
station license for a particular transmitter or transmitters, is peak 
envelope power for transmitters having full, unkeyed 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]

[[Page 122]]



Sec. 23.20  Assignment of frequencies.

    (a) Only those frequencies which are in accordance with Sec. 2.106 
of this chapter may be authorized for use by stations in the Fixed 
Public and Fixed Public Press Services. Selection of specific 
frequencies within such bands shall be made by the applicants therefor. 
After an application has been filed with the Commission for a particular 
frequency, its availability for assignment as requested will be 
determined by a study of the probabilities of interference to and from 
existing services assigned on the same or adjacent frequencies and, if 
necessary, by coordination with other agencies utilizing frequencies in 
these ranges. The applicant will be notified of the results of such 
study and coordination. All new assignments of frequencies may be made 
subject to certain conditions as may be required to minimize the 
possibility of harmful interference to existing services.
    (b) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile, temporary base, 
temporary fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a 
station license for a new station, a construction permit to construct a 
new station or to modify an existing station license in a manner which 
would change either the frequency, power, antenna height or directivity, 
or location of such a station within the area bounded by 39[deg]15[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

[[Page 123]]

indicates whether the field strength or power flux density figures in 
the above table would be exceeded by their proposed radio facilities 
(except mobile stations). In such instances, the following is a 
suggested guide for determining whether coordination is recommended:
    (i) All stations within 2.4 kilometers;
    (ii) Stations within 4.8 kilometers with 50 watts or more effective 
radiated power (ERP) in the primary plane of polarization in the 
azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 16.1 kilometers with 1 kW or more ERP in the 
primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers with 25 kW or more ERP in the 
primary plane or polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, delivers a signal at the site in excess of the field 
strength specified herein.
    (e) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/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;

[[Page 124]]

    (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or 
more average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station;
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (e)(2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (f) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, 
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; 70 FR 31373, June 1, 2005]



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

[[Page 125]]

points within the 48 contiguous states and the District of Columbia upon 
the express condition that the use of any frequency above 5000 kHz shall 
be subject to the limitation that no interference shall be caused to the 
international service, or to service with Alaska or Hawaii; and in the 
event such interference is caused the licensee shall immediately 
discontinue the use of the frequency or frequencies producing such 
interference and operation thereon may be conducted only at times when 
such interference will not be caused.



Sec. 23.24  Correspondents and points of communication.

    Each instrument of authorization issued for fixed public or fixed 
public press service shall authorize communication to the points of 
communication and to the organizations, agencies, or persons specified 
therein only, except as provided by Sec. 23.53: Provided, however, That 
in the event of a change in an organization, agency, or person specified 
or a change in the effective control of such organization, agency, or 
person, the licensee shall immediately notify the Commission of such 
change and shall file an application for modification of the instrument 
of authorization: And provided further, That where such change is 
occasioned by reason of circumstances beyond the control of the 
licensee, communication under the then outstanding instrument of 
authorization shall be permitted to continue pending consideration of 
and action upon the application for modification of the instrument of 
authorization.



Sec. 23.25  Points of communication, limitations.

    No point of communication will be regularly authorized in any 
instrument of authorization for fixed public or fixed public press 
service in absence of an adequate showing that public correspondence may 
be transmitted and received from such points, except as provided in 
Sec. 23.53.



Sec. 23.26  Use of transmitters.

    The licensee of a point-to-point radiotelegraph or radiotelephone 
station may use any transmitter of the station for transmission upon any 
frequency assigned to the station for communication with any point of 
communication authorized by the station license: Provided, however, That 
the maximum power authorized for the specific frequency as shown in the 
license is not exceeded.



Sec. 23.27  Experimental research.

    The licensee of a station may be authorized to use a transmitter 
which is licensed for fixed public or fixed public press service for 
experimental research in accordance with the rules and regulations 
governing the experimental service upon the condition that no 
interference will be caused to the public service. Experimental 
(Research) and Experimental (Developmental) Stations authorized to 
operate as point-to-point telegraph or telephone stations shall comply 
with the rules governing fixed public radio services in addition to the 
rules and regulations governing experimental radio services.



Sec. 23.28  Special temporary authorization.

    (a) Requests for special temporary authority must be accompanied by 
a showing that interference will not be 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

[[Page 126]]

applicant bears a heavy burden to show that extraordinary circumstances 
warrant such an extension.
    (c) Each application proposing construction of one or more new 
antenna structures or alteration of the overall height of one or more 
existing antenna structures, where FAA notification prior to such 
construction or alteration is required by part 17 of this chapter, must 
include the FCC Antenna Structure Registration Number(s) for the 
affected structure(s). If no such number has been assigned at the time 
the application(s) is filed, the applicant must state in the application 
whether the owner has notified the FAA of the proposed construction or 
alteration and applied to the FCC for an Antenna Structure Registration 
Number in accordance with part 17 of this chapter. Applications 
proposing construction of one or more new antenna structures or 
alteration of the overall height of one or more existing antenna 
structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the structure is 6.10-meters or less above ground level 
(AGL), must contain a statement explaining why FAA notification is not 
required.

[48 FR 27253, June 14, 1983, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 23.29  License period and expiration time.

    (a) Licenses for stations operating in the fixed public 
radiocommunications services will be issued for a period of 10 years 
unless otherwise stated in the instrument of authorization. The date of 
expiration of such licenses shall be the 1st day of December, and each 
station license will be issued so as to expire at the hour 3 a.m., 
eastern standard time. Unless otherwise ordered, when an application for 
a new station license is granted within three months of the expiration 
date for licenses of the particular class of station involved, the 
license shall be issued for the unexpired period of the current license 
term and for the full succeeding term. If granted more than three months 
from the normal expiration date, the license shall be issued for the 
unexpired period of the current license term only.
    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, the public 
interest, convenience or necessity would be served by such action.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22480, Aug. 21, 1973; 48 FR 27253, June 14, 1983]



Sec. 23.31  Period of construction.

    Each construction permit for a radio station in the fixed public 
service will specify the date of grant as the earliest date of 
commencement of construction and a maximum of eight months thereafter as 
the time within which construction shall be completed and the station 
ready for operation, unless otherwise determined by the Commission upon 
proper showing in any particular case.



Sec. 23.32  Equipment and service tests.

    (a) Upon completion of construction of a radio station in exact 
accordance 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

[[Page 127]]

period not to exceed 30 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of the tests.
    (2) The Commission reserves the right to cancel such tests or 
suspend, or change the date of beginning for the period of such tests as 
and when such action may appear to be in the public interest, 
convenience, and necessity by notifying the permittee.
    (3) Service tests will not be authorized after the expiration date 
of the construction permit.
    (c) The authorization for tests embodied in paragraphs (a) and (b) 
of this section shall not be construed as constituting a license to 
operate but as a necessary part of the construction.



Sec. 23.35  Compliance with tariff requirements.

    No licensee authorized to perform common carrier service by means of 
radio communication shall engage in such service without compliance with 
all statutory provisions and regulations of the Commission relative to 
the filing of tariffs; and nothing contained in this part shall be 
deemed as a waiver or modification of any such statutory provision or 
regulation.



Sec. 23.36  Posting of license.

    The license of a station shall be posted in a conspicuous place in 
the main transmitter building of the station or kept in such building 
where it is readily available for inspection purposes.



Sec. 23.37  Station identification.

    (a) General. Every radiotelegraph or radiotelephone station in the 
International Fixed Public or Fixed Public Press Service shall transmit, 
as provided below, the identifying call sign or other approved 
identification signal on each of its assigned frequencies below 30 MHz 
on which energy is being radiated.
    (b) When required. (1) The call sign assigned to each frequency 
shall be transmitted on that frequency at the beginning and end of each 
period of use of the frequency.
    (2) During regular operation on any freuency, the call sign or other 
approved identification signal shall be transmitted at least at hourly 
intervals within the period from 10 minutes before to 10 minutes after 
each hour. If identification during this period would require an 
interruption in the transmission of a radio-photo, a telephone 
conversation, an addressed program or a multiple addressed press 
message, or a break in the continuity of a ``conference'' or ``leased 
line'' type of service, the identifying signal shall be transmitted at 
the first break in, at the conclusion of, or simultaneously with, the 
particular transmission as described below.
    (c) Methods of transmission. (1) All identifying signals shall be 
transmitted in such a manner as to permit identification without special 
equipment other than communication type receivers, except as provided in 
paragraph (e) of this section. When emissions are being used which are 
not capable of identification without special equipment, the identifying 
signal shall be 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

[[Page 128]]

    (iii) Radiotelephone stations. The identifying transmission may be 
made utilizing either telegraph or telephone type emissions. When 
telegraph emission is used, the transmission shall be made in 
International Morse Code at a speed not to exceed 25 words per minute 
and shall consist of the signal ``QRA de'' followed by the call sign. 
This transmission shall be made at least three times. When telephone 
emission is used, the identification shall consist of announcing three 
times in English the call sign of the frequency being used, provided 
that all privacy or secrecy devices shall be removed from the circuit 
during such transmissions.
    (e) Superimposed identification. Radiotelegraph or radiotelephone 
stations identifying simultaneously with transmission of traffic: call 
signs or the general identification signal described in paragraph (f) of 
this section may be superimposed on the emission being transmitted by 
any method which will make identification possible with communication 
type receivers provided that approval of any such method shall first 
have been obtained from the Federal Communications Commission. (Approval 
by the Federal Communications Commission of any means of identification 
of complex emissions by superimposing identification of regular 
transmissions will be given upon satisfactory completion of coordinated 
tests thereof by the applicant and the Commission's Field Engineering 
Bureau.) Commission approval may be withdrawn if at any subsequent time 
harmful interference to adjacent frequencies is caused by the 
superimposed identification. When superimposed identification by call 
sign is used, the identifying signal shall consist of ``QTT de (call 
sign)'' transmitted at least three times in International Morse Code at 
a speed not to exceed 25 words per minute.
    (f) General identification signal. When an approved method of 
superimposed identification is used, the identification signal shall 
consist of ``QTT de (abbreviated name of company recorded with the 
Commission) (abbreviated name of station recorded with the 
Commission).'' (It is suggested that ``abbreviated company name'' 
consist of two to five letters such as the initials of the company name 
and that ``abbreviated name of station'' consist of two or three letters 
indicating the name of the city where the licensee's message center is 
located. Both of these abbreviations shall be notified to the Commission 
before being used for identification.) This general identification 
signal shall be transmitted in International Morse Code at a speed not 
to exceed 25 words per minute and may be transmitted continuously or 
intermittently as desired provided that it shall be transmitted for at 
least five minutes total time during the period from 10 minutes before 
to 10 minutes after each hour that energy is being radiated on the 
frequency. The same signal may be superimposed on all transmissions 
being made at a particular station: Provided, however, That licensed 
call signs shall be transmitted on the frequencies to which they are 
assigned as often as is practicable and reasonable or at least at the 
beginning and end of each period of use of each frequency.
    (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

[[Page 129]]

determine the nature of the experimental transmissions which may be made 
to such point of communication.



Sec. 23.39  Antenna structures.

    (a) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications proposing construction of one or more new antenna 
structures or alteration of the overall height of one or more existing 
antenna structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the reason is obvious (e.g. structure height is less 
than 6.10 meters AGL) must contain a statement explaining why FAA 
notification is not required.
    (b) Painting and lighting. The owner of each antenna structure 
required to be painted and/or illuminated under the provisions of 
Section 303(q) of the Communications Act of 1934, as amended, shall 
operate and maintain the antenna structure painting and lighting in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be individually responsible for 
conforming to the requirements pertaining to antenna structure painting 
and lighting.
    (c) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, where FAA 
notification prior to such construction or alteration is required by 
part 17 of this chapter, must include the FCC Antenna Structure 
Registration Number(s) for the affected structure(s). If no such number 
has been assigned at the time the application is filed, the applicant 
must state in the application whether or not the antenna structure owner 
has notified the FAA of the proposed construction or alteration and 
applied to the FCC for an Antenna Structure Registration Number in 
accordance with part 17 of this chapter for the antenna structure in 
question.

[61 FR 4366, Feb. 6, 1996]



Sec. 23.40  [Reserved]



Sec. 23.41  Quarterly report of frequency usage.

    (a) Transmitted frequencies. Each licensee in the international 
fixed radio-communication services shall submit a report of frequency 
usage for all authorized frequencies below 30 MHz for each station. If 
more than one station is operated from a common control point, reports 
for the stations may be combined into one. This report shall be due 40 
days after the close of each calendar quarter and shall contain the 
following information: Each frequency assigned to the station or 
stations and the number of hours it was used during the quarter to each 
point of communication for each class of service rendered (such as 
telegraph, telephone, 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:

[[Page 130]]

    (1) Report all frequencies regularly used during the period under 
consideration.
    (2) Report frequencies received consistently during a substantial 
part of any cyclical change in frequency usefulness even though they may 
be unused for considerable periods of time during another part of the 
cycle.
    (3) Do not report any frequency, the use of which is known to have 
been discontinued or transferred to another operation by a foreign 
correspondent.
    (4) Do not report any frequency which has been inactive for a period 
of 6 months or longer, except as indicated in paragraph (b)(2) of this 
section.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.42  License, simultaneous modification and renewal.

    When an application is granted by the Commission necessitating the 
issuance of a modified license less than 60 days prior to the expiration 
date of the license sought to be modified, and an application for 
renewal of said license is granted subsequent or prior thereto (but 
within 30 days of expiration of the present license) the modified 
license as well as the renewal license shall be issued to conform to the 
combined action of the Commission.



Sec. 23.43  Maintenance tests of licensed stations.

    Station licensees are authorized to carry on such routine tests as 
may be required for the proper maintenance of the stations: Provided, 
That the tests shall be so conducted as not to cause interference with 
the service of other stations.



Sec. 23.44  Station inspection.

    The licensee of any radio station shall make the station available 
for inspection by representatives of the Commission at any reasonable 
hour.



Sec. 23.45  Operator license, posting of.

    The original license of each station operator shall be posted at the 
place where he is on duty.



Sec. 23.46  Operators, class required and general duties.

    (a) The operation and control of all transmitting apparatus licensed 
at a station in the international fixed public radiocommunication 
services shall be carried on only by a person holding a valid operator 
license issued by the Commission, except as provided in other paragraphs 
of this section.
    (b) Classes of operator licenses required are as follows:
    (1) Radiotelegraph stations: Radio-telegraph or Radiotelephone 
first- or second-class license: Provided, however:
    (i) If manual morse code keying is used for transmitting public 
correspondence, the person manipulating the telegraph key shall be the 
holder of a radio-telegraph first- or second-class license except as 
provided by paragraph (b)(1)(iv) of this section;
    (ii) If manual morse code keying is used only for the purposes of 
identification or for sending service messages, the person manipulating 
the telegraph key shall be the holder of a radiotelegraph third-class 
permit or higher class of radiotelegraph license except as provided by 
paragraph (b)(1)(iv) of this section;
    (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.

[[Page 131]]

    (c) One or more licensed operators of the grade specified in 
paragraph (b) of this section shall be on duty at the place where the 
transmitting apparatus is located and in actual charge thereof when it 
is being operated: Provided, however, That:
    (1) In case of stations in these services operating on frequencies 
above 30 MHz, the Commission may authorize unattended operation upon 
application therefor and showing that the equipment is so designed and 
constructed as to make such operation feasible. When such unattended 
operation is authorized, properly licensed operators shall be on duty at 
a terminal of the system of which the unattended station or stations are 
a part or shall be available on call to perform necessary maintenance 
duties.
    (2) In the case of a station where remote control is used, the 
Commission may grant authority to employ an operator or operators at the 
control point in lieu of the place where the transmitting apparatus is 
located, provided that the following conditions are complied with:
    (i) The transmitter shall be so installed and protected that it is 
not accessible to other than duly authorized persons.
    (ii) A device shall be provided at the remote control point which 
gives a continuous visual indication whenever the control circuits have 
been placed in a condition to activate the radio transmitting apparatus.
    (iii) Provision shall be made to monitor aurally all transmissions 
originating under control of the responsible operator at the remote 
point.
    (iv) The radiation of the transmitter shall be suspended immediately 
when there is a deviation from the terms of the station license or 
applicable provisions of this chapter.
    (v) When remote control of a transmitter is performed from a 
separate location such as a message center or telephone exchange and 
manual morse code keying is not used, the operator(s) at that point need 
not be licensed by the Commission provided that licensed operator(s) are 
on duty at the transmitter location or authorized remote control point 
at all times that the station is in operation, and they are fully 
responsible for the proper operation of the transmitting equipment. If 
manual morse code keying is used at a remote control point, the 
provisions of paragraph (b)(1) of this section shall apply.
    (3) When a radio station is radiating, all adjustments or tests 
during or coincident with the installation and servicing or maintenance 
of the transmitter and its associated equipment which may affect the 
quality of transmission or possibly cause the station radiation to 
exceed the limits specified in its instrument of authorization or in the 
rules pertaining to such station shall be made by or under the immediate 
supervision and responsibility of a person holding the proper license, 
who shall be responsible for the proper functioning of the radio 
facilities. A radiotelephone station must be under the supervision of a 
person holding a radiotelephone or radiotelegraph first- or second-class 
license, and a radiotelegraph station must be under the supervision of a 
person holding a radiotelegraph first- or second-class license.
    (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:

[[Page 132]]

And provided further, That any such group of entries contain entries 
made only during a single daily period of duty.
    (c) No record or portions thereof shall be erased, obliterated, or 
willfully destroyed within the required retention period. Any necessary 
correction may be made only by the person originating the entry, who 
shall strike out the erroneous portion, initial the corrections made, 
and indicate the date of correction.
    (d) The records required by this part shall be retained for a period 
of at least 1 year: Provided, that:
    (1) Records involving communications incident to a disaster or which 
include communications incident to, or involved in, an investigation by 
the Commission and concerning which the licensee has knowledge shall be 
retained by the licensee until specifically authorized in writing by the 
Commission to destroy them.
    (2) Records incident to or involved in any claim or complaint of 
which the licensee has knowledge shall be retained by the licensee until 
such claim or complaint has been fully satisfied or until the same has 
been barred by statute limiting the time for the filing of suit upon 
such claim.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.48  Content of station records.

    (a) For each station in the services under this part, except 
stations in the international fixed public control service, the licensee 
shall maintain a technical log of the station operating showing:
    (1) Signature of each licensed operator responsible for the 
operation of the transmitting equipment and an indication of his hours 
of duty.
    (2) Hours of use of each frequency assignment and type of emission 
indicating time of beginning and end of each period of operation and 
points of communication to which each frequency is used (or area if 
service is pursuant to Sec. 23.53).
    (3) Hours of use of each transmitter indicating time of beginning 
and end of each period of operation.
    (4) Power input to the final stage of each transmitter.
    (5) Dates and results of each frequency measurement.
    (b) For stations in the international fixed public control service, 
the licensee shall maintain a technical log of the station operating 
showing:
    (1) Normal hours of operation and dates and times of interruptions 
to service.
    (2) Dates and results of each frequency measurement.
    (3) When service or maintenance duties are performed, the 
responsible operator shall sign and date the station record giving 
pertinent details of all duties performed by him or under his 
supervision; his name and the class, serial number, and date of 
expiration of his license.
    (c) For each station having an antenna structure which is required 
to be obstruction-lighted, appropriate entries shall be made in the 
station's technical log as required by Sec. 23.39.

[38 FR 22481, Aug. 21, 1973]



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]

[[Page 133]]



Sec. 23.50  Place of filing application; fees and number of copies.

    (a) Standard numbered forms applicable to the international fixed 
public radiocommunication services discussed within the subpart are as 
follows:

------------------------------------------------------------------------
             Form No.                           Description
------------------------------------------------------------------------
403..............................  Application for radio station license
                                    or modification thereof.
405..............................  Application for renewal of radio
                                    station license in specified
                                    services.
407..............................  Application for radio station
                                    construction permit.
408..............................  Application for temporary
                                    authorization in addition to
                                    authority contained in license.
701..............................  Application for additional time to
                                    construct radio station.
702..............................  Application for consent to assignment
                                    of radio station construction permit
                                    or license (for stations in services
                                    other than broadcast).
704..............................  Application for consent to transfer
                                    of control of corporation holding
                                    common carrier radio station
                                    construction permit or license.
714..............................  Supplement to application for new or
                                    modified radio station authorization
                                    (concerning antenna structure
                                    notification to FAA).
------------------------------------------------------------------------


These forms may be obtained from the Secretary, Federal Communications 
Commission, Washington, DC 20554, or from any of the Commission's 
engineering field offices, the addresses of which are listed in Sec. 
0.121(a) of this chapter.
    (b) Every application for a radio station authorization and all 
correspondence relating thereto shall be submitted to the Commission's 
office at Washington, DC 20554. Applications requiring fees as set forth 
at part 1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules.
    (c) Unless otherwise specified in a particular case, or for a 
particular form, each application, including exhibits and attachments 
thereto, shall be filed in duplicate.
    (d) Each application shall be accompanied by a fee prescribed in 
subpart G of part 1 of this chapter.

[38 FR 22481, Aug. 21, 1973, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 10230, Mar. 31, 1987]



Sec. 23.51  Addressed program material.

    (a) Stations operating in the fixed public service and in the fixed 
public press service may be authorized to transmit addressed program 
material to a fixed point, or points, outside the 48 contiguous States 
and the District of Columbia, specifically named in the instrument of 
authorization granted to the licensee, intended for broadcast only by a 
broadcast station. Any such authorization shall be subject to the 
condition that no interference is caused to the authorized regular 
service of the station as defined by Sec. 23.8.
    (b) Such stations may also, upon proper application therefor, be 
authorized to transmit addressed program material to any such fixed 
point in South or Central America for simultaneous interception and 
broadcast by a broadcast station at one or more additional points in the 
same general area upon a showing that public message service to such 
fixed point of communication will not be unduly impaired. Application 
for such authority shall be submitted not less than 10 days prior to the 
proposed date of the 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

[[Page 134]]

meteorological organizations by facsimile and radio phototelegraphy, to 
one or more persons at one or more fixed points not specifically named 
in its license: Provided, however, That the licensee, upon institution 
of addressed press service to any point, shall promptly notify the 
Commission of the following:
    (1) The name and location of the person subscribing to such service.
    (2) The date of institution of such service, and
    (3) The location of the licensee's station from which such service 
is transmitted.

Any authority, granted under this paragraph, to transmit addressed press 
messages to any person or to any point may be terminated by the 
Commission upon notice to the licensee within 30 days after notification 
of institution of service to such person or point is filed by the 
licensee.
    (b) In the event of the deletion of service to any point or to any 
person or any change with respect to the facts reported under paragraph 
(a) (1) or (3) of this section, the licensee shall promptly notify the 
Commission of such deletion or change and the date thereof.
    (c) On or before the first day of February and the first day of 
August of each year, the licensee shall submit, for each of its stations 
authorized to render addressed press service in accordance with 
provisions of this section, a recapitulative list, as of the first day 
of January and the first day of July respectively of that year, 
containing the following:
    (1) The name and location of each person subscribing to such 
service, and
    (2) The date of institution of such service to each person at each 
point.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971]



Sec. 23.54  Use of double sideband radiotelephone.

    Use of double sideband radiotelephone transmissions, on frequencies 
below 30 MHz, shall be held to a minimum with a view towards 
discontinuance of such operations as soon as possible. Except in cases 
where the foreign correspondent is unable to receive single sideband 
transmissions, double sideband radiotelephone shall not be transmitted 
after January 1, 1965.



Sec. 23.55  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded by all common carrier licensees or permittees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or permittee 
shall establish, maintain, and carry out, a positive continuing program 
of specific practices designed to assure equal opportunity in every 
aspect of employment policy and practice. Under the terms of its 
program, a licensee or permittee shall:
    (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.

[[Page 135]]

    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier licensees or 
permittees.
    (i) All licensees or permittees will file a statement of their equal 
employment opportunity program not later than December 17, 1970, 
indicating specific practices to be followed in order to assure equal 
employment opportunity on the basis of sex, race, color, religion, or 
national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff, and termination.
    (a) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (b) If a licensee or permittee has fewer than 16 full-time 
employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (a) Posting notices 
in the licensee's or permittee's offices informing applicants for 
employment of their equal employment rights and their right to notify 
the Equal Employment Opportunity Commission, the Federal Communications 
Commission, or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans such notice should be posted 
in Spanish and English.
    (b) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (c) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (d) Recruiting through schools and colleges with significant 
minority-group enrollments.
    (e) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spokesmen to encourage referral of 
qualified minority or female applicants.
    (f) Encouraging present employees to refer minority or female 
applicants.
    (g) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (a) 
Instructing personally those on the staff of the licensee or permittee 
who make hiring decisions that all applicants for all jobs are to be 
considered without discrimination.
    (b) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females 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.

[[Page 136]]

    (c) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (d) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (a) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (b) Proving opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority group or female 
employees.
    (d) Report of complaints filed against licensees and permittees. (1) 
All licensees or permittees shall submit an annual report to the FCC no 
later than May 31 of each year indicating whether any complaints 
regarding violations by the licensee or permittee of equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before any body having competent jurisdiction.
    (i) The report should state the parties involved the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or permittee who has filed such information with 
the EEOC need not do so with the Commission, if such previous filing is 
indicated.
    (e) Complaints of violations of Equal Employment Programs. (1) 
Complaints alleging employment discrimination against a common carrier 
licensee will be considered by the Commission in the following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or permittee who is within the jurisdiction of the 
EEOC, it will be submitted to that agency. The Commission will maintain 
a liaison with that agency which will keep the Commission informed of 
the disposition of complaints filed against any of the common carrier 
licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier licensee of permittee who does not fall under the jurisdiction 
of the EEOC but is covered by appropriate enforceable State law, to 
which penalties apply, may be submitted by the Commission to the 
respective State agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier licensee or permittee who does not fall under the jurisdiction 
of the EEOC or an appropriate State law, will be accorded appropriate 
treatment by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance by the common 
carrier licensees or permittees with the principles of equal employment 
as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or permittee 
who is required to file an employment report to the Commission under 
Sec. 1.815(a) of 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

[[Page 137]]

and copies of all exhibits, letters, and other documents filed as part 
thereto, all correspondence between the permittee or licensee and the 
Commission pertaining to the reports after they have been filed and all 
documents incorporated therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.

[35 FR 12894, Aug. 14, 1970, as amended at 36 FR 3119, Feb. 18, 1971. 
Redesignated at 38 FR 22481, Aug. 21, 1973]



PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents




                      Subpart A_General Information

Sec.
24.1 Basis and purpose.
24.2 Other applicable rule parts.
24.3 Permissible communications.
24.5 Terms and definitions.

                   Subpart B_Applications and Licenses

                       General Filing Requirements

24.10 Scope.
24.11 Initial authorization.
24.12 Eligibility.
24.15 License period.
24.16 Criteria for comparative renewal proceedings.

                      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]

[[Page 138]]

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]
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.
24.840-24.844 [Reserved]

    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.

[[Page 139]]

    (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 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

[[Page 140]]

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]



                   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, is eligible to 
hold a license under this part.

[70 FR 61059, Oct. 20, 3005]



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

[[Page 141]]

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]



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).

[[Page 142]]



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 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

[[Page 143]]

stations that provide coverage to a composite area of 150,000 square 
kilometers or 50 percent of the geographic area, or serve 75 percent of 
the population of the service area within ten years of initial license 
grant date. 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 p\0.17\

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.

[[Page 144]]

    (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. 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.


[[Page 145]]


    (6) Three 100 kHz channels paired with 50 kHz channels:

Channel 23: 940.55-940.65 and 901.45-901.50 MHz;
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

[[Page 146]]

border must limit their effective radiated power in accordance with the 
following formula:

PW = 0.0175 x dkm* * 6.6666 x hm* * -3.1997

PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for 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.

[[Page 147]]

    (c) It is acceptable for a transmitter to meet this frequency 
stability requirement over a narrower temperature range provided the 
transmitter ceases to function before it exceeds these frequency 
stability limits.



                         Subpart E_Broadband PCS

    Source: 59 FR 32854, June 24, 1994, unless otherwise noted.



Sec. 24.200  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 1850-
1910 and 1930-1990 MHz bands.



Sec. 24.202  Service areas.

    Broadband PCS service areas are Major Trading Areas (MTAs) and Basic 
Trading Areas (BTAs) as defined 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; Mayag[uuml]ez/Aguadilla-Ponce, 
Puerto Rico; San Juan, Puerto Rico; and the United States Virgin 
Islands. The Mayag[uuml]ez/Aguadilla-Ponce BTA-like service area 
consists of the following municipios: Adjuntas, Aguada, Aguadilla, 
A[ntilde]asco, Arroyo, Cabo Rojo, Coamo, Gu[aacute]nica, Guayama, 
Guayanilla, Hormigueros, Isabela, Jayuya, Juana D[iacute]az, Lajas, Las 
Mar[iacute]as, Mayag[uuml]ez, Maricao, Maunabo, Moca, Patillas, 
Pe[ntilde]uelas, Ponce, Quebradillas, Rinc[oacute]n, Sabana Grande, 
Salinas, San Germ[aacute]n, 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 ten years 
of being licensed. Licensees may, in the alternative, provide 
substantial service to their licensed area within the appropriate five- 
and ten-year benchmarks. 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 except for the 1910-1915 MHz and 
1990-1995 MHz, 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

[[Page 148]]

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 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.
    (d) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands 
must make a showing of ``substantial service'' in their license area 
within ten years of the date of initial license issuance or renewal. 
``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.

[58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 
FR 53636, Sept. 5, 2000; 69 FR 67835, Nov. 22, 2004; 69 FR 75171, Dec. 
15, 2004]



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;
    (c) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are 
available for assignment in the 175 Economic Areas defined in Sec. 90.7 
of this chapter. The 1910-1915 MHz block shall be used for mobile/
portable station transmissions while the 1990-1995 MHz block shall be 
used for base station transmissions.

[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; 69 FR 67836, Nov. 22, 2004]



Sec. 24.232  Power and antenna height limits.

    (a) Base stations are limited to 1640 watts peak equivalent 
isotropically radiated power (EIRP) with an antenna height up to 300 
meters HAAT, except as described in paragraph (b) below. 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. The service area boundary limit and microwave protection 
criteria specified in Sec. Sec. 24.236 and 24.237 apply.

 Table 1--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<= 300.....................................................         1640
<= 500.....................................................         1070
<= 1000....................................................          490
<= 1500....................................................          270
<= 2000....................................................          160
------------------------------------------------------------------------

    (b) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile,

[[Page 149]]

based upon the most recently available population statistics from the 
Bureau of the Census, are limited to 3280 watts peak equivalent 
isotropically radiated power (EIRP) 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 2 of this section. The service area boundary limit and 
microwave protection criteria specified in Sec. Sec. 24.236 and 24.237 
apply. Operation under this paragraph must be coordinated in advance 
with all PCS licensees within 120 kilometers (75 miles) of the base 
station and is limited to base stations located more than 120 kilometers 
(75 miles) from the Canadian border and more than 75 kilometers (45 
miles) from the Mexican border.

 Table 2--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<= 300.....................................................         3280
<= 500.....................................................         2140
<= 1000....................................................          980
<= 1500....................................................          540
<= 2000....................................................          320
------------------------------------------------------------------------

    (c) Mobile/portable stations are limited to 2 watts EIRP peak power 
and the equipment must employ means to limit the power to the minimum 
necessary for successful communications.
    (d) 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.

[70 FR 61059, Oct. 20, 2005]



Sec. 24.235  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emission stays within the authorized frequency block.



Sec. 24.236  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of the PCS service area shall not exceed 47 dBuV/m unless the 
parties agree to a higher field strength.



Sec. 24.237  Interference protection.

    (a) All licensees are required to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees in the 1850-1990 MHz band. Coordination must occur before 
initiating operations from any base station. Problems that arise during 
the coordination process 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 3 of a 
magnitude greater than that specified in the criteria set forth in 
paragraphs (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

[[Page 150]]

the applicant's current and proposed PCS operations.

                                                      Table 3--Coordination Distances in Kilometers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         PCS Base Station Antenna HAAT in Meters
---------------------------------------------------------------------------------------------------------------------------------------------------------
                     EIRP(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     436
500.............................................     328     331     335     343     352     359     365     370     375     391     421     440
1000............................................     354     357     361     369     378     385     391     397     402     418
1200............................................     361     364     368     376     385     392     398     404     409     425
1640............................................     372     375     379     388     397     404     410     416     421     437
2400............................................     384     387     391     399     408     415     423     427     431
3280............................................     396     399     403     412     419     427     435     439     446
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) For microwave paths of 25 kilometers or less, interference 
determinations shall be based on the C/I criteria set forth in TIA 
Telecommunications Systems Bulletin 10-F, ``Interference Criteria for 
Microwave Systems,'' May 1994 (TSB10-F).
    (f) For microwave paths longer than 25 kilometers, the interference 
protection criterion shall be such that the interfering signal will not 
produce more than 1.0 dB degradation of the practical threshold of the 
microwave receiver for analog system, or such that the interfering 
signal will not cause an increase in the bit error rate (BER) from 10E-6 
to 10E-5 for digital systems.
    (g) The development of the C/I ratios and interference criteria 
specified in paragraphs (e) and (f) of this section and the methods 
employed to compute the interfering power at the microwave receivers 
shall follow generally acceptable good engineering practices. The 
procedures described for computing interfering signal levels in 
(Appendix I to this subpart E Appendix E of the Memorandum Opinion and 
Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. 
Alternatively, procedures for determining interfering signal levels 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; 
69 FR 75171, Dec. 15, 2004]



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

[[Page 151]]

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. If a 
licensee in the Broadband PCS Service enters into a spectrum leasing 
arrangement (as set forth in part 1, subpart X of this chapter) and the 
spectrum lessee triggers a cost-sharing obligation, the licensee is the 
PCS entity responsible for satisfying the cost-sharing obligations under 
Sec. Sec. 24.239 through 24.253.

[62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004]



Sec. 24.241  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will select an entity to operate as a neutral, not-for-profit 
clearinghouse. This clearinghouse will administer the cost-sharing plan 
by, inter alia, maintaining all of the cost and payment records related 
to the relocation of each link and determining the cost-sharing 
obligation of subsequent PCS entities. The cost-sharing rules will not 
take effect until an administrator is selected.

[61 FR 29691, June 12, 1996]



Sec. 24.243  The cost-sharing formula.

    A PCS relocator who relocates an interfering microwave link, i.e. 
one that is in all or part of its market area and in all or part of its 
frequency band or a voluntarily relocating microwave incumbent, is 
entitled to pro rata reimbursement based on the following formula:
[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

[[Page 152]]

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 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.

[[Page 153]]

    (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

    (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.
    (c) Any new entrants granted licenses for the 1910-1915 MHz band 
must reimburse UTAM a pro rata share of its total expenses incurred by 
UTAM as of the date that the new entrants gain access to the band. The 
percent required

[[Page 154]]

by new entrants to pay shall be calculated based upon the amount of 
spectrum granted to the new entrant as compared to the total amount of 
spectrum UTAM is responsible for clearing of incumbents (20 megahertz), 
and must be paid before a new entrant begins operations in the band. For 
example, if a new entrant obtains a license for 5 megahertz of spectrum 
in this band, it is required to reimburse UTAM one-quarter of UTAM's 
total costs to date on a pro rata shared basis. New entrants will be 
responsible for the actual costs associated with future relocation 
activities in their licensed spectrum, but will be entitled to seek 
reimbursement from UTAM for the proportion of those band clearing costs 
that benefit users of the 1915-1930 MHz band.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 
69 FR 67836, Nov. 22, 2004]



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]



Sec. 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 155]]

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 156]]


    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 157]]

    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 158]]

    (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 159]]

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 160]]

    (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 161]]

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 162]]

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 163]]

    (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 (c)(1)(ii) of this 
section, for each member of such consortium.

[[Page 164]]

    (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.
    (c) For an eligible licensee that qualifies as a small business or 
as a

[[Page 165]]

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 
the licensee on its installment payment plan (including accrued and 
unpaid interest) shall be apportioned between the licensee and 
partitionee or

[[Page 166]]

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 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.

[[Page 167]]

    (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 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]

[[Page 168]]



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 share of stock in its possession and a 
percentage of the retained earnings of the concern that is equivalent to 
the amount of equity held in the corporation; and

[[Page 169]]

    (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 170]]



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 171]]

    (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 172]]

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. 24.840-24.844  [Reserved]



PART 25_SATELLITE COMMUNICATIONS--Table of Contents




                            Subpart A_General

Sec.
25.101 Basis and scope.
25.102 Station authorization required.
25.103 Definitions.
25.104 Preemption of local zoning of earth stations.
25.105-25.108 [Reserved]
25.109 Cross-reference.

                   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 Station licenses and 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.

[[Page 173]]

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.

   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 Analog video transmissions in the Fixed-Satellite Services.
25.212 Narrowband analog transmissions, digital transmissions, and video 
          transmissions in the 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 Off-axis EIRP envelopes for FSS earth station operations.
25.219 [Reserved]
25.220 Non-conforming transmit/receive earth station operations.
25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) 
          receiving in the 3700-4200 MHz (space-to-Earth) frequency band 
          and transmitting in the 5925-6425 MHz (Earth-to-space) 
          frequency band, operating with Geostationary Satellites in the 
          Fixed-Satellite Service.
25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) 
          receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 
          GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
          bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) 
          frequency band, operating with Geostationary Satellites in the 
          Fixed-Satellite Service.
25.223 Off-axis EIRP spectral density limits for feeder link earth 
          stations in the 17/24 GHz BSS.
25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.
25.225 Geographic Service Requirements for 17/24 GHz Broadcasting 
          Satellite Service.
25.226-25.249 [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 Special Requirements for operations in the 3.65-3.7 GHz band.
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.

[[Page 174]]

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.
25.262 Licensing and domestic coordination requirements for 17/24 GHz 
          BSS space stations.

                     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 opportunities.

                  Subpart J_Public Interest Obligations

25.701 Public interest obligations.

    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

[[Page 175]]

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 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

[[Page 176]]

paragraph (b)(2) of this section. No civil, criminal, administrative, or 
other legal action of any kind shall be taken to enforce any regulation 
covered by this presumption unless the promulgating authority has 
obtained a waiver from the Commission pursuant to paragraph (e) of this 
section, or a final declaration from the Commission or a court of 
competent jurisdiction that the presumption has been rebutted pursuant 
to paragraph (b)(2) of this section.
    (2) Any presumption arising from paragraph (b)(1) of this section 
may be rebutted upon a showing that the regulation in question:
    (i) Is necessary to accomplish a clearly defined health or safety 
objective that is stated in the text of the regulation itself;
    (ii) Is no more burdensome to satellite users than is necessary to 
achieve the health or safety objective; and
    (iii) Is specifically applicable on its face to antennas of the 
class described in paragraph (b)(1) of this section.
    (c) Any person aggrieved by the application or potential application 
of a state or local zoning or other regulation in violation of paragraph 
(a) of this section may, after exhausting all nonfederal administrative 
remedies, file a petition with the Commission requesting a declaration 
that the state or local regulation in question is preempted by this 
section. Nonfederal administrative remedies, which do not include 
judicial appeals of administrative determinations, shall be deemed 
exhausted when:
    (1) The petitioner's application for a permit or other authorization 
required by the state or local authority has been denied and any 
administrative appeal and variance procedure has been exhausted;
    (2) The petitioner's application for a permit or other authorization 
required by the state or local authority has been on file for ninety 
days without final action;
    (3) The petitioner has received a permit or other authorization 
required by the state or local authority that is conditioned upon the 
petitioner's expenditure of a sum of money, including costs required to 
screen, pole-mount, or otherwise specially install the antenna, greater 
than the aggregate purchase or total lease cost of the equipment as 
normally installed; or
    (4) A state or local authority has notified the petitioner of 
impending civil or criminal action in a court of law and there are no 
more nonfederal administrative steps to be taken.
    (d) Procedures regarding filing of petitions requesting declaratory 
rulings and other related pleadings will be set forth in subsequent 
Public Notices. All allegations of fact contained in petitions and 
related pleadings must be supported by affidavit of a person or persons 
with personal knowledge thereof.
    (e) Any state or local authority that wishes to maintain and enforce 
zoning or other regulations inconsistent with this section may apply to 
the Commission for a full or partial waiver of this section. Such 
waivers may be granted by the Commission in its sole discretion, upon a 
showing by the applicant that local concerns of a highly specialized or 
unusual nature create a necessity for regulation inconsistent with this 
section. No application for waiver shall be considered unless it 
specifically sets forth the particular regulation for which waiver is 
sought. Waivers granted in accordance with this section shall not apply 
to later-enacted or amended regulations by the local authority unless 
the Commission expressly orders otherwise.
    (f) A satellite earth station antenna that is designed to receive 
direct broadcast satellite service, including direct-to-home satellite 
services, that is one meter or less in diameter or is located in Alaska 
is covered by the regulations in Sec. 1.4000 of this chapter.

[61 FR 10898, Mar. 18, 1996, as amended at 61 FR 46562, Sept. 4, 1996]

    Effective Date Note: At 61 FR 46562, Sept. 4, 1996, Sec. 25.104 was 
amended by revising paragraph (b)(1) and adding paragraph (f). These 
paragraphs contain information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.

[[Page 177]]



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.
    (c) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 80.

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002; 70 
FR 32253, June 2, 2005]



                   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.
    (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

[[Page 178]]

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 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  Station licenses and launch authority.

    (a) Construction permits are not required for satellite earth 
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.
    (b) [Reserved]
    (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

[[Page 179]]

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:
    (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; 70 FR 32253, June 2, 2005]



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

[[Page 180]]

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
    (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.

[[Page 181]]

    (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;
    (7) Applicants for authorizations for space stations in the fixed-
satellite service must also include the information specified in 
Sec. Sec. 25.140(b)(1) and (2) of this part. Applicants for 
authorizations for space stations in the 17/24 GHz broadcasting-
satellite service must also include the information specified in Sec. 
25.140(b)(1) and Sec. Sec. 25.140(b)(3), (b)(4), (b)(5), or (b)(6) of 
this part.
    (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.

[[Page 182]]

    (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 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.
    (15) Each applicant for a space station license in the 17/24 GHz 
broadcasting-satellite service shall include the following information 
as an attachment to its application:
    (i) Except as set forth in paragraph (d)(15)(ii) of this section, an 
applicant proposing to operate in the 17.3-17.7 GHz frequency band, must 
provide a

[[Page 183]]

demonstration that the proposed space station will comply with the power 
flux density limits set forth in Sec. 25.208(w) of this part.
    (ii) In cases where the proposed space station will not comply with 
the power flux density limits set forth in Sec. 25.208(w) of this part, 
the applicant will be required to provide a certification that all 
potentially affected parties acknowledge and do not object to the use of 
the applicant's higher power flux densities. The affected parties with 
whom the applicant must coordinate are those GSO 17/24 GHz BSS satellite 
networks located up to 6[deg] away for excesses of 
up to 3 dB above the power flux-density levels specified in Sec. 
25.208(w) of this part, and up to 10[deg] away 
greater for excesses greater than 3 dB above those levels.
    (iii) An applicant proposing to provide international service in the 
17.7-17.8 GHz band must demonstrate that it will meet the power flux 
density limits set forth in Sec. 25.208(c) of this part.
    (16) In addition to the requirements of paragraph (d)(15) of this 
section, each applicant for a license to operate a 17/24 GHz BSS space 
station that will be used to provide video programming directly to 
consumers in the United States, that will not meet the requirements of 
Sec. 25.225 of this part, must include as an attachment to its 
application a technical analysis demonstrating that providing video 
programming service to consumers in Alaska and Hawaii that is comparable 
to the video programming service provided to consumers in the 48 
contiguous United States (CONUS) is not feasible as a technical matter 
or that, while technically feasible, such service would require so many 
compromises in satellite design and operation as to make it economically 
unreasonable.
    (17) An applicant seeking to operate a space station in the 17/24 
GHz broadcasting-satellite service pursuant to the provisions of Sec. 
25.262(b) of this part, at an offset location no greater than one degree 
offset from an orbital location specified in Appendix F of the Report 
and Order adopted May 2, 2007, IB Docket No. 06-123, FCC 07-76, must 
submit a written request to that effect as part of the narrative portion 
of its application.
    (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; 72 FR 50027, Aug. 
29, 2007; 72 FR 60278, Oct. 24, 2007]



Sec. 25.115  Application for earth station authorizations.

    (a)(1) Transmitting earth stations. Commission authorization must be 
obtained for authority to 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.
    (iii) The earth station is not an ESV.
    (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 184]]

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 11.7-12.2 
GHz and 14.0-14.5 GHz frequency bands with U.S.-licensed or non-U.S.-
licensed satellites for domestic or international services. Applications 
to license small antenna network systems operating in the 11.7-12.2 GHz 
and 14.0-14.5 GHz frequency band under blanket operating authority shall 
be filed on FCC Form 312 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

[[Page 185]]

shall also include a list of all earth stations deactivated during the 
year and 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

[[Page 186]]

the blanket license. Each application for a blanket license under this 
section 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.
    (g) Applications for feeder link earth stations operating in the 
24.75--25.25 GHz band (Earth-to-space) and providing service to 
geostationary satellites in the 17/24 GHz BSS must include, in addition 
to the particulars of operation identified on Form 312 and associated 
Schedule B, the information specified in either paragraph (g)(1) or 
(g)(2) below for each earth station antenna type:
    (1) A series of EIRP density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 25 GHz, with the off-axis EIRP envelope set 
forth in paragraphs (g)(1)(i) through (g)(1)(iv) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized EIRP spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg];
    (ii) Showing off-axis co-polarized EIRP spectral density in the 
elevation plane, at off-axis angles from 0[deg]to plus 30[deg];
    (iii) Showing off-axis cross-polarized EIRP spectral density in the 
azimuth plane, at off-axis angles from minus 10[deg] to plus 10[deg]; 
and
    (iv) Showing off-axis cross-polarized EIRP spectral density in the 
elevation plane, at off-axis angles from minus 10[deg] to plus 10[deg]
    (2) A certification on Schedule B that the antenna conforms to the 
gain pattern criteria of Sec. Sec. 25.209(a) and (b), that when 
combined with input power density (computed from the maximum on-axis 
EIRP density per carrier less the antenna gain entered in Schedule B), 
demonstrates that the off-axis EIRP spectral density envelope set forth 
in Sec. Sec. 25.223(b)(1) through (4) of this part will be met.
    (h) Any earth station applicant filing an application pursuant to 
Sec. 25.218 of this chapter must file three tables showing the off-axis 
EIRP level of the proposed earth station antenna of the plane of the 
geostationary orbit, the elevation plane, and towards the horizon. In 
each table, the EIRP level must be provided at increments of 0.1[deg] 
for angles between 0[deg] and 10[deg] off-axis, and at increments of 
5[deg] for angles between 10[deg] and 180[deg] off-axis.
    (1) For purposes of the off-axis EIRP table in the plane of the 
geostationary orbit, the off-axis angle is the angle in degrees from the 
line connecting the focal point of the antenna to the target satellite, 
within the plane determined by the focal point of the antenna and the 
line tangent to the arc of the geostationary satellite orbit at the 
position of the target satellite.
    (2) For purposes of the off-axis EIRP table in the elevation plane, 
the off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, within the plane 
perpendicular to the plane determined by the focal point of the antenna 
and the line tangent to the arc of the geostationary satellite orbit at 
the position of the target satellite.
    (3) For purposes of the off-axis EIRP table towards the horizon, the 
off-axis angle is the angle in degrees from the line determined by the 
intersection of the horizontal plane and the elevation plane described 
in paragraph (h)(2) of this section, in the horizontal plane. The 
horizontal plane is the plane determined by the focal point of the 
antenna and the horizon.
    (4) In addition, in an attachment to its application, the earth 
station applicant must certify that it will limit its pointing error to 
0.5[deg], or demonstrate

[[Page 187]]

that it will comply with the applicable off-axis EIRP envelopes in Sec. 
25.218 of this part when the antenna is mispointed at its maximum 
pointing error.
    (i) Any earth station applicant filing an application for a VSAT 
network made up of FSS earth stations and planning to use a contention 
protocol must include in its application a certification that it will 
comply with the requirements of Sec. 25.134(g)(4).

[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; 70 FR 4783, Jan. 31, 2005; 70 FR 32253, June 2, 2005; 72 FR 50027, 
Aug. 29, 2007; 73 FR 70900, Nov. 24, 2008]

    Effective Date Note: At 74 FR 9962, Mar. 9, 2009, Sec. 25.115 
paragraphs (h) and (i) which contain information collection and 
recordkeeping requirements, became effective with approval by the Office 
of Management and Budget for a period of three years.



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 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]

[[Page 188]]



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).
    (v) Any 17/24 GHz BSS space station operator whose license is 
conditioned to operate at less than the power level otherwise permitted 
by Sec. Sec. 25.208(c) and/or (w) of this part, and is conditioned to 
accept interference from a neighboring 17/24 GHz BSS space station, may 
file a modification application to remove those two conditions in the 
event that the license for that neighboring space station is cancelled 
or surrendered. In the event that two or more such modification 
applications are filed, and those applications are mutually exclusive, 
the modification applications will be considered on a first-come, first-
served basis pursuant to the procedure set forth in Sec. 25.158 of this 
part.
    (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]

[[Page 189]]

    (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 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).
    (g) In cases where an earth station licensee proposes additional 
transmitters, facilities, or modifications, the resulting transmissions 
of which can reasonably be expected to cause the power density to exceed 
the RF exposure limits specified in part 1, subpart I of this chapter by 
five percent, the licensee must submit an environmental assessment 
pursuant to Sec. 1.1307(b)(3)(i) of this chapter as an attachment to 
its modification application.

[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; 70 FR 32253, June 2, 
2005; 72 FR 60279, Oct. 24, 2007]



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

[[Page 190]]

station license modification described in paragraph (e) of this section, 
and the earth station operator does not repoint its antenna. Otherwise, 
any modification of an earth station license to add or change a point of 
communication will be considered under Sec. 25.117.
    (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:
    (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; 70 FR 32253, June 2, 
2005]



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

[[Page 191]]

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 
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

[[Page 192]]

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. (1) Except for licenses for DBS space stations and 
17/24 GHz BSS space stations licensed as broadcast facilities, licenses 
for facilities governed by this part will be issued for a period of 15 
years.
    (2) Licenses for DBS space stations and 17/24 GHz BSS space stations 
licensed as broadcast facilities will be issued for a period of 8 years. 
Licenses for DBS space stations 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; 72 FR 50027, Aug. 29, 2007]



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

[[Page 193]]

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]

                             Earth Stations



Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits, 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. 
Additional filing requirements for ESVs are described in Sec. Sec. 
25.221 and 25.222. In addition, applicants not required to submit 
applications on Form 312EZ, other than ESV applicants, must submit the 
following information to be used as an ``informative'' in the public 
notice issued under Sec. 25.151 as an attachment to their application:
    (1) A detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellite(s) with which it plans to operate, or the 
eastern and western boundaries of the arc it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique, if applicable.
    (5) Identification of a specific rule or rules for which a waiver is 
requested.
    (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

[[Page 194]]

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.
    (f) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their proposed 
earth station antenna, as an attachment to their applications.

[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; 70 FR 4783, Jan. 31, 2005; 70 
FR 32253, June 2, 2005]



Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
and Sec. 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 and the information described in 
Sec. Sec. 25.130(a)(1) through 25.130(a)(5). 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 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-

[[Page 195]]

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; 70 FR 32253, June 2, 2005]



Sec. 25.132  Verification of earth station antenna performance standards.

    (a)(1) All applications for transmitting earth stations, except for 
earth stations operating in the 20/30 GHz band, 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 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.
    (2) All applications for transmitting earth stations operating in 
the 20/30 GHz band must be accompanied by the measurements specified in 
Sec. Sec. 25.138(d) and (e).
    (b)(1) In order to demonstrate compliance with Sec. 25.209 (a) and 
(b), the following measurements on a production antenna performed on 
calibrated antenna range, as a minimum, shall be made at the bottom, 
middle and top of each allocated frequency band and submitted to the 
Commission:
    (i) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal cuts of the antenna.
    (A) In the azimuth plane, plus and minus 7 degrees and plus and 
minus 180 degrees.
    (B) In the elevation plane, zero to forty-five degrees.
    (ii) Cross-polarization patterns in the E- and H-planes, plus and 
minus 9 degrees.
    (iii) Main beam gain.
    (2) The FCC envelope specified in Sec. 25.209 shall be superimposed 
on each pattern. The minimum tests specified above are recognized as 
representative of the performance of the antenna in most planes although 
some increase in sidelobe levels should be expected in the spar planes 
and orthogonal spar planes.
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. Sec. 25.209(a) and (b) of this 
part, pursuant to the procedure set forth in Sec. 25.220 or Sec. 
25.223(c) of this part, are required to submit a copy of the 
manufacturer's range test plots of the antenna gain patterns specified 
in paragraph (b)(1) of this section.
    (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.

[[Page 196]]

    (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; 70 
FR 32253, June 2, 2005; 72 FR 50028, Aug. 29, 2007]

    Effective Date Note: At 74 FR 47102, Sept. 15, 2009, Sec. 25.132 
was amended by revising (b)(3), effective October 15, 2009. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 25.132  Verification of earth station antenna performance 
          standards.

                                * * * * *

    (b) * * *
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. 25.209(a) and (b), pursuant to the 
procedure set forth in Sec. 25.220, Sec. 25.221, Sec. 25.222, or 
Sec. 25.223(c), are required to submit a copy of the manufacturer's 
range test plots of the antenna gain patterns specified in paragraph 
(b)(1) of this section.



Sec. 25.133  Period of construction; certification of commencement
of operation.

    (a)(1) Each license for an earth station governed by this part, 
except for mobile satellite earth station terminals (METs), 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 operation within 12 months from the date of the license 
grant except as may be determined by the Commission for any particular 
application.
    (2) Each license for mobile satellite earth station terminals (METs) 
shall specify as a condition therein the period in which station 
operation must be commenced. The networks in which the METs will be 
operated must be brought into operation within 12 months from the date 
of the license grant except as may be determined by the Commission for 
any particular application.
    (b)(1) Each license for a transmitting earth station included in 
this part, except for earth stations licensed under a blanket licensing 
provision, 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:
    (i) The name of the licensee;
    (ii) File number of the application;
    (iii) Call sign of the antenna;
    (iv) Date of the license;
    (v) A certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 2 
dB of the pattern specified in Sec. 25.209, Sec. 25.135 (NVNG MSS 
earth stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service 
earth stations);
    (vi) The date on which the earth station became operational; and
    (vii) A statement that the station will remain operational during 
the license period unless the license is submitted for cancellation.
    (2) For earth stations authorized under any blanket licensing 
provision in this chapter, a certification containing the information in 
paragraph (b)(1) of this section 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

[[Page 197]]

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; 70 FR 32254, June 2, 
2005]



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 granted on or before September 
15, 2005, with a maximum outbound downlink EIRP density of +10.0 dBW/4 
kHz per carrier and earth station antennas with maximum input power 
density of -14 dBW/4 kHz will be processed routinely. All applications 
for analog VSAT networks with maximum outbound downlink power densities 
of +17.0 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 11.7-12.2 GHz and 14.0-14.5 GHz 
band. Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities and/or maximum antenna input power in excess of those 
specified in paragraph (a) of this Section must comply with the 
procedures set forth in Sec. 25.220.
    (c) [Reserved]
    (d) An application for VSAT authorization shall be filed on FCC Form 
312, Main Form and Schedule B.
    (e) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use more than one hub earth station in their 
networks.
    (f) VSAT operators in the 11.7-12.2 GHz and 14.0-14.5 GHz frequency 
bands are permitted to use temporary fixed earth stations as either hub 
earth stations or remote earth stations in their networks, but must 
specify the number of temporary fixed earth stations they plan to use in 
their networks at the time of their applications.
    (g) Starting March 10, 2005, all applications for VSAT service in 
the 12/14 GHz band that meet the following requirements will be 
routinely processed: (1) The maximum transmitter power spectral density 
of a digital modulated carrier into any GSO FSS earth station antenna 
shall not exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using 
frequency division multiple access (FDMA) or time division multiple 
access (TDMA) technique, N is equal to one. For a VSAT network using 
code division multiple access (CDMA) technique, N is the maximum number 
of co-frequency simultaneously transmitting earth stations in the same 
satellite receiving beam.
    (2) The maximum GSO FSS satellite EIRP spectral density of the 
digital modulated emission shall not exceed 10 dB (W/4kHz) for all 
methods of modulation and accessing techniques.
    (3) The maximum transmitter power spectral density of an analog 
carrier into any GSO FSS earth station antenna shall not exceed -8.0 
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density shall 
not exceed +17.0 dB(W/4kHz).

[[Page 198]]

    (4) Any earth station applicant filing an application to operate a 
VSAT network after December 24, 2008 in the Ku-band and planning to use 
a contention protocol must certify that its contention protocol usage 
will be reasonable.
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not designed 
to stop transmissions from their remote earth stations when 
synchronization with the target satellite fails.

[56 FR 66001, Dec. 20, 1991, as amended at 62 FR 5929, Feb. 10, 1997; 66 
FR 31560, June 12, 2001; 70 FR 32254, June 2, 2005; 70 FR 33376, June 8, 
2005; 73 FR 70900, Nov. 24, 2008]

    Effective Date Note: At 74 FR 9962, Mar. 9, 2009, Sec. 25.134 
paragraph (g)(4), which contains information collection and 
recordkeeping requirements, became effective with approval by the Office 
of Management and Budget for a period of three years.



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

[[Page 199]]

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.
    (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.

[[Page 200]]

    (3) The LES shall be capable of receiving the MES identification 
number when transmitted and verifying that it 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]

[[Page 201]]



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 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

[[Page 202]]

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 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]

[[Page 203]]

 
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]
 

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/40 kHz...............  For.....................  2.0[deg] < [thetas]
                                                                                              <= 7.0[deg]
-12.63-10log(N).......................  dBW/40 kHz...............  For.....................  7.0[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

[[Page 204]]

minimum, shall be made at the bottom, middle, and top frequencies of the 
30 GHz band. The radiation patterns are:
    (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; 73 FR 70900, Nov. 24, 
2008]



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 205]]

                             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) Except as set forth in paragraphs (b)(3), (b)(4), (b)(5), and 
(b)(6) of this section, all applicants must provide an interference 
analysis to demonstrate the compatibility of their proposed system two 
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)).
    (3) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will be located precisely at one of the 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, must provide an interference analysis of 
the kind described in paragraph (b)(2) of this section, except that the 
applicant must demonstrate the compatibility of its proposed network 
with any current or future authorized space station in the 17/24 GHz BSS 
that complies with the technical rules in this part and that will be 
located at least four degrees from the proposed space station.
    (4) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will not be located precisely at one of the nominal 17/24 GHz BSS 
orbital locations specified in Appendix F of the Report and Order 
adopted May 2, 2007, IB Docket No. 06-123, FCC 07-76, must make one of 
the following showings:
    (i) In cases where there is no previously licensed or proposed space 
station to be located closer than four degrees from the applicant's 
space station, and the applicant seeks to operate pursuant to Sec. 
25.262(b) of this part, the applicant must provide an interference 
analysis of the kind described in paragraph (b)(2) of this section, 
except that the applicant must demonstrate the compatibility of its 
proposed network with any current or future authorized space stations in 
the 17/24 GHz BSS that are operating in compliance with the technical 
rules of this part and that will be located at least four degrees from 
the applicant's proposed space station;
    (ii) In cases where there is a previously licensed or proposed 17/24 
GHz BSS space station to be located within four degrees of the 
applicant's proposed space station, the applicant must provide an 
interference analysis of the kind described in paragraph (b)(2) of this 
section, except that the applicant must demonstrate that its proposed 
network will not cause more interference to the adjacent 17/24 GHz BSS 
satellite networks operating in compliance with the technical 
requirements of this part, than if the applicant were located at the 
precise Appendix F orbital location from which it seeks to offset;
    (iii) In cases where there is no previously licensed or proposed 17/
24 GHz BSS space station to be located within four degrees of the 
applicant's proposed

[[Page 206]]

space station, and the applicant does not seek to operate pursuant to 
Sec. 25.262(b) of this part, the applicant must provide an interference 
analysis of the kind described in paragraph (b)(2) of this section, 
except that the applicant must demonstrate that its proposed operations 
will not cause more interference to any current or future 17/24 GHz BSS 
satellite networks operating in compliance with the technical 
requirements of this part, than if the applicant were located at the 
precise Appendix F orbital location from which it seeks to offset.
    (5) An applicant for a license to operate a 17/24 GHz BSS space 
station, in cases where there is a previously licensed or proposed space 
station operating pursuant to Sec. 25.262(b) of this part located 
within four degrees of the applicant's proposed 17/24 GHz BSS space 
station, must provide an interference analysis of the kind described in 
paragraph (b)(2) of this section, except that the applicant must 
demonstrate that its proposed operations will not cause more 
interference to the adjacent 17/24 GHz BSS satellite network than if the 
adjacent space station were located four degrees from the applicant's 
space station.
    (6) In addition to the requirements of paragraphs (b)(3), (b)(4), 
and (b)(5) of this section, the link budget for any satellite in the 17/
24 GHz BSS must take into account longitudinal stationkeeping tolerances 
and, where appropriate, any existing orbital location offsets from the 
17/24 GHz BSS orbital locations of the adjacent prior-authorized 17/24 
GHz BSS space stations. In addition, any 17/24 GHz BSS satellite 
applicant that has reached a coordination agreement with an operator of 
another 17/24 GHz BSS satellite to allow that operator to exceed the pfd 
levels specified in the rules for this service, must use those higher 
pfd levels for the purposes of this showing.
    (c) Operators of satellite networks using 17/24 GHz BSS space 
stations must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station as follows:
    (1) Except as described in paragraphs (b)(4)(ii) and (b)(4)(iii) of 
this section, all satellite network operators using 17/24 GHz BSS space 
stations must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station as close as four degrees away.
    (2) Satellite network operators located less than four degrees away 
from a space station to be operated pursuant to Sec. 25.262(b) of this 
part must design their satellite networks to be capable of operating 
with that adjacent 17/24 GHz BSS space station.
    (3) Satellite network operators using 17/24 GHz BSS space stations 
located at an orbital location other than those specified in Appendix F 
of the Report and Order adopted May 2, 2007, IB Docket No. 06-123, FCC 
07-76, and that are not operating pursuant to Sec. 25.262(b) of this 
part, must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station closer than four degrees away, 
as a result of the operator's offset position.
    (d)-(g) [Reserved]

[62 FR 5929, Feb. 10, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 72 
FR 50028, Aug. 29, 2007; 72 FR 60279, Oct. 24, 2007]



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

[[Page 207]]

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]
    (5) Replacement of space stations within the system license term. 
The licensee need not file separate applications to construct, launch 
and operate technically identical replacement satellites within the term 
of the system authorization. However, the licensee shall certify to the 
Commission, at least thirty days prior to launch of such replacement(s) 
that:
    (i) The licensee intends to launch a space station that is 
technically identical to those authorized in its system license, and
    (ii) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the non-voice, non-geostationary mobile-satellite service, 
non-voice, non-geostationary mobile-satellite service systems must 
operate in accordance with the conditions specified in this section.
    (1) Service limitation. Voice services may not be provided.
    (2) Coordination requirements with Federal government users.
    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal government users under the jurisdiction of 
NTIA and non-voice, non-geostationary mobile-satellite service systems 
(including user transceivers subject to blanket licensing under Sec. 
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal government users shall be completed 
prior to grant of construction authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket

[[Page 208]]

licensing under Sec. 25.115(d), and authorized Federal government 
stations in the fixed and mobile services, through the exchange of 
appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of each 
year, file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
    (1) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages;
    (2) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for domestic transmission, the 
amount of capacity (if any) sold but not in service, and the amount of 
unused system capacity; and
    (3) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a non-voice, non-geostationary mobile-satellite 
service system if that applicant, or any companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possessions, to construct or operate space segment or 
earth stations in the non-voice, non-geosynchronous mobile-satellite 
service, or to interchange traffic, which is denied to any other United 
States company by reason of any concession, contract, understanding, or 
working arrangement to which the licensee or any persons or companies 
controlling or controlled by the licensee are parties.
    (e) Spectrum priority. (1) The non-voice, non-geosynchronous mobile-
satellite service system that is authorized in the second application 
processing round to operate in the 148-148.25 MHz, 148.75-148.855 MHz, 
148.905-149.81 MHz and 150-150.05 MHz uplink frequency bands and the 
400.505-400.5517 MHz, 400.5983-400.645 MHz, 137.025-137.175 MHz, 
137.333-137.4125 MHz, 137.475-137.525 MHz, 137.595-137.645 MHz, 137.753-
137.787 MHz and 137.825-138 MHz downlink frequency bands (the ``System 2 
licensee'') will have a first priority to apply for and use a limited 
amount of downlink spectrum duly allocated worldwide and domestically to 
the non-voice, non-geosynchronous mobile-satellite service by the ITU, 
at WRC-97 or a subsequent World Radiocommunication Conference, and by 
the Commission, respectively (the ``Future Spectrum''). The System 2 
licensee will be eligible to apply for and

[[Page 209]]

use the first 210 kHz of Future Spectrum plus spectrum sufficient to 
account for Doppler frequency shift in the Future Spectrum (the 
``Supplemental Spectrum'') to implement its non-voice, non-
geosynchronous mobile-satellite service system. The System 2 licensee's 
application for and use of the Supplemental Spectrum is subject to the 
Commission's Rules and policies, such reasonable operating conditions as 
may be imposed by the Commission, and international spectrum 
coordination requirements. For so long as the System 2 licensee is 
permitted by the Government of France to operate in the 400.5517-
400.5983 MHz band coordinated with the French system S80-1, the 
Supplemental Spectrum shall be reduced to an amount equivalent to 150 
kHz of Future Spectrum plus spectrum sufficient to account for Doppler 
frequency shift in the Future Spectrum.
    (2) The System 2 licensee's priority to apply for and use the 
Supplemental Spectrum is conditioned on the System 2 licensee's 
compliance with the terms and conditions of its second processing round 
authorization, including, but not limited to, its system construction, 
launch and operation milestones, and any modifications thereto, and the 
Commission's Rules. The System 2 licensee's priority to apply for and 
use the Supplemental Spectrum shall automatically terminate upon the 
occurrence of any of the following events:
    (i) The System 2 licensee being permitted to operate in the 
Supplemental Spectrum;
    (ii) The expiration or revocation of the System 2 licensee's second 
processing round authorization;
    (iii) The discontinuance of use of the spectrum assigned to the 
System 2 licensee under its second processing round authorization; or
    (iv) The surrender of the System 2 licensee's second processing 
round authorization to the Commission.

[58 FR 68060, Dec. 23, 1993, as amended at 62 FR 5930, Feb. 10, 1997; 62 
FR 59295, Nov. 3, 1997; 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 and legal 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.
    (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

[[Page 210]]

    (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:
    (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

[[Page 211]]

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 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

[[Page 212]]

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; 70 FR 
59277, Oct. 12, 2005]



Sec. 25.144  Licensing provisions for the 2.3 GHz satellite digital
audio radio service.

    (a) Qualification Requirements:
    (1) [Reserved]
    (2) General Requirements: Each application for a system 
authorization in the satellite digital audio radio service in the 2310-
2360 MHz band shall describe in detail the proposed satellite digital 
audio radio system, setting forth all pertinent technical and 
operational aspects of the system, and the technical, legal, and 
financial qualifications of the applicant. In particular, applicants 
must file information demonstrating compliance with Sec. 25.114 and all 
of the requirements of this section.
    (3) Technical Qualifications: In addition to the information 
specified in paragraph (a)(1) of this section, each applicant shall:
    (i) Demonstrate that its system will, at a minimum, service the 48 
contiguous states of the United States (full CONUS);
    (ii) Certify that its satellite DARS system includes a receiver that 
will permit end users to access all licensed satellite DARS systems that 
are operational or under construction; and
    (iii) Identify the compression rate it will use to transmit audio 
programming. If applicable, the applicant shall identify the compression 
rate it will use to transmit services that are ancillary to satellite 
DARS.
    (b) Milestone requirements. Each applicant for system authorization 
in the satellite digital audio radio service must demonstrate within 10 
days after a required implementation milestone as specified in the 
system authorization, and on the basis of the documentation contained in 
its application, certify to the Commission by affidavit 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; 
70 FR 32254, June 2, 2005]

[[Page 213]]



Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in 
the 20/30 GHz bands.

    (a) Except as provided in Sec. 25.210(b), in general all rules 
contained in this part apply to Fixed-Satellite Service in the 20/30 GHz 
bands.
    (b) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.
    (c) In addition to providing the information specified in Sec. 
25.114, each non-geostationary satellite orbit applicant shall 
demonstrate the following:
    (1) That the proposed system be capable of providing fixed-satellite 
services to all locations as far north as 70 deg. latitude and as far 
south as 55 deg. latitude for at least 75% of every 24-hour period; and
    (2) That the proposed system is capable of providing fixed-satellite 
services on a continuous basis throughout the fifty states, Puerto Rico 
and the U.S. Virgin Islands, U.S.
    (3) [Reserved]
    (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),

[[Page 214]]

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
    (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; 70 FR 
59277, Oct. 12, 2005]



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

[[Page 215]]

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 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.

[[Page 216]]

    (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 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

[[Page 217]]

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 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) [Reserved]
    (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

[[Page 218]]

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, 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; 70 FR 59277, Oct. 12, 2005]

    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.

[[Page 219]]

    (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 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).

    Note to paragraph (a)(1): An L-band MSS licensee is permitted to 
apply for ATC authorization based on a non-forward-band mode of 
operation provided it is able to demonstrate that the use of a non-
forward-band mode of operation would produce no greater potential 
interference than that produced as a result of implementing the rules of 
this section.


[[Page 220]]


    (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 1610-1617.775 MHz, 1621.35-1626.5 MHz, 
and 2483.5-2495 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.
    (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, unless it is not technically possible, 
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

[[Page 221]]

    (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 bands, MSS ATC is limited to no more than 7.775 
MHz of spectrum in the L-band and 11.5 MHz of spectrum in the S-band. 
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 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

[[Page 222]]

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; 70 
FR 19318, Apr. 13, 2005, 73 FR 25592, May 7, 2008]

                       Processing of Applications



Sec. 25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
(domestic only) a unique station identifier for administrative 
convenience. Neither the assignment of a file number and/or other 
identifier nor the listing of the application on public notice as 
received for filing indicates that the application has been found 
acceptable for filing or precludes the subsequent return or dismissal of 
the application if it is found to be defective or not in accordance with 
the Commission's rules.



Sec. 25.151  Public notice period.

    (a) At regular intervals, the Commission will issue public notices 
listing:
    (1) The receipt of applications for new station authorizations;
    (2) The receipt of applications for license or registration of 
receive-only earth stations;
    (3) The receipt of applications for major modifications to station 
authorizations;
    (4) The receipt of major amendments to pending applications;
    (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. 25.120.
    (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) Except as specified in paragraph (e) of this section, 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.
    (e)(1) Applicants seeking authority to operate a temporary fixed 
earth station pursuant to Sec. 25.277 may consider their applications 
``provisionally granted,'' and may initiate operations upon the 
placement of the complete FCC Form 312 application on public notice, 
provided that
    (i) The temporary fixed earth station will operate only in the 
conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands);
    (ii) The temporary fixed earth station's operations will be 
consistent with all routine-licensing requirements for the conventional 
Ku-band; and

[[Page 223]]

    (iii) The temporary fixed earth station's operations will be limited 
to satellites on the Permitted Space Station List.
    (2) Applications for authority granted pursuant to paragraph (e)(1) 
of this section shall be placed on public notice pursuant to paragraph 
(a)(1) of this section. If no comments or petitions are filed within 30 
days of the public notice date, the authority granted will be considered 
a regular temporary fixed earth station authorization as of 30 days 
after the public notice date. If a comment or petition is filed within 
30 days of the public notice date, the applicant must suspend operations 
immediately pending resolution of the issues raised in that comment or 
petition.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 
FR 32254, June 2, 2005]



Sec. 25.152  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.
    (b) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice unless the application 
is mutually exclusive pursuant to Sec. 25.155, in which case it will be 
dismissed with prejudice.



Sec. 25.153  Repetitious applications.

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



Sec. 25.154  Opposition to applications and other pleadings.

    (a) Petitions to deny, petitions for other forms of relief, and 
other objections or comments must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers, and radio service 
involved) with which it is concerned;
    (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

[[Page 224]]

section or to other Commission rules and requirements.
    (c) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, 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) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, 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.
    (e) If a petition to deny an application filed pursuant to Sec. 
25.220 is filed, the applicant must file a statement with the Commission 
explaining whether the applicant has resolved all outstanding issues 
raised by the petitioner, within 30 days of the date the petition for 
deny is filed. This statement must be in accordance with the provisions 
of Sec. Sec. 1.41 through 1.52 of this chapter applicable to 
oppositions to petitions to deny, 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; 70 
FR 32254, June 2, 2005]



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
    (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

[[Page 225]]

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.
    (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.

[[Page 226]]

    (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-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

[[Page 227]]

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 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

[[Page 228]]

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.
    (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:

[[Page 229]]

    (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 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.

[[Page 230]]

    (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 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

[[Page 231]]

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; 36 FR 2562, Feb. 6, 1971, unless 
otherwise noted.



Sec. 25.201  Definitions.

    Definitions for terms in subpart C of this part appear in this 
section, and in Sec. 2.1 of this chapter.
    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.
    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.
    17/24 GHz Broadcasting-Satellite Service. A radiocommunications 
service using geostationary satellites between one or more feeder link 
earth stations and other earth stations, in the 17.3--17.7 GHz (space-
to-Earth) (domestic allocation), 17.3--17.8 GHz (international 
allocation) and 24.75--25.25 GHz frequency bands. This service is also 
known as ``17/24 GHz BSS.'' For purposes of the application processing 
provisions of this part, 17/24 GHz BSS is a GSO-like service. For 
purposes of the technical requirements of this part, we will treat 17/24 
GHz BSS as if it were FSS. Unless specifically stated otherwise, the 17/
24 GHz BSS systems are subject to the rules in this part applicable to 
FSS.
    Active satellite. An earth satellite carrying a station intended to 
transmit or re-transmit radiocommunication signals.
    Ambulatory. Not stationary. Baselines from which maritime boundaries 
are measured change with accretion- and erosion-caused ambulation of the 
boundaries themselves.
    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 Orders 
issued in IB Docket No. 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)
    Baseline. The line from which maritime zones are measured, also 
known as the coast line. The baseline is a

[[Page 232]]

combination of the low-water line (``low-tide elevation'') and closing 
lines across the mouths of inland water bodies. The baseline is defined 
by a series of baseline points. The baseline points are not just the 
low-water marks of the shore of mainland but also includes islands and 
``low-water elevations'' (i.e., natural rocks). Baseline points are 
ambulatory, and thus, require adjustment from time-to-time by the U.S. 
Department of State's Baseline Committee.
    C-band. For purposes of this part, the terms ``C-band'' and 
``conventional C-band'' refer specifically to the 3700-4200 MHz downlink 
and 5925-6425 MHz uplink frequency bands. These paired bands are 
allocated to the Fixed-Satellite Service and are also referred to as the 
4/6 GHz band(s).
    Coordination distance. For the purposes of this part, the expression 
``coordination distance'' means the distance from an earth station, 
within which there is a possibility of the use of a given transmitting 
frequency at this earth station causing harmful interference to stations 
in the fixed or mobile service, sharing the same band, or of the use of 
a given frequency for reception at this earth station receiving harmful 
interference from such stations in the fixed or mobile service.
    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.
    Earth Station on Vessel (``ESV''). An ESV is an earth station 
onboard a craft designed for traveling on water receiving from and 
transmitting to fixed-satellite space stations.
    Electronic filing. The submission of applications, exhibits, 
pleadings, or other filings to the Commission in an electronic form 
using Internet or World Wide Web on-line filing forms.
    Equivalent diameter. When circular aperture reflector antennas are 
employed, the size of the antenna is generally expressed as the diameter 
of the antenna's main reflector. When non-reflector or non-circular 
aperture antennas are employed, an equivalent diameter can be computed 
for the antenna. The equivalent diameter is the diameter of a 
hypothetical circular aperture antenna with the same aperture area as 
the actual antenna. For example, an elliptical aperture antenna with 
major axis, a, and minor axis, b, will have an equivalent diameter of [a 
x b]1/2. A rectangular aperture antenna with length, l, and 
width, w, will have an equivalent diameter of [4(l x w)/
[pi]]1/2.
    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/m\2\) in the reference bandwidth, is calculated 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE01.031


[[Page 233]]


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 satellite which 
remains approximately fixed relative to the Earth.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Land Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the mobile-satellite service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Ku-band. In this rule part, the terms ``Ku-band'' and ``conventional 
Ku-band'' refer specifically to the 11700-12200 MHz downlink and 14000-
14500 MHz uplink frequency bands. These paired bands are allocated to 
the Fixed-Satellite Service and are also referred to as the 12/14 GHz 
band(s).
    Low-Tide Elevation. A naturally formed area of land that is 
surrounded by and above water at low tide but below water at high tide. 
Low-tide elevations serve as part of the coast line when they are within 
the breath of the territorial sea of the mainland (either uplands or 
inland waters) or an island. 1958 Convention on the Territorial Sea, 
Article 11.
    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:

[[Page 234]]

    (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.
    Passive satellite. An earth satellite intended to transmit radio 
communication signals by reflection.
    Permitted Space Station List. A list of satellites operating in the 
C-band and/or Ku-band including all U.S.-licensed satellites and those 
non-U.S.-licensed satellites for which the Commission has authorized 
routine U.S.-licensed earth stations to communicate with that satellite, 
and the satellite operator has requested the Commission to place its 
satellite on the Permitted Space Station List.
    Power flux density. The amount of power flow through a unit area 
within a unit bandwidth. The units of power flux density are those of 
power spectral density per unit area, namely watts per hertz per square 
meter. These units are generally expressed in decibel form as dB(W/Hz/
m\2\), dB(W/m\2\) in a 4 kHz band, or dB(W/m\2\) in a 1 MHz band.
    Power spectral density. The amount of an emission's transmitted 
carrier power falling within the stated reference bandwidth. The units 
of power spectral density are watts per hertz and are generally 
expressed in decibel form as dB(W/Hz), dB(W/4kHz), or dB(W/1MHz).
    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)
    Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited fashion. Such applications 
must be complete in all regards and consistent with all Commission Rules 
and must not raise any policy issues. With respect to earth station 
licensing, an application is ``routine'' only if it conforms to all 
antenna, power, coordination, radiation hazard, and FAA notification 
rules, and accesses only ``Permitted Space Station List'' satellites in 
the conventional C-band or Ku-band frequency bands.
    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 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

[[Page 235]]

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; 70 FR 4783, Jan. 31, 2005; 70 FR 19318, 
Apr. 13, 2005; 70 FR 32255, June 2, 2005; 72 FR 50028, Aug. 29, 2007]



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)
------------------------------------------------------------------------
3.65-3.7 \17\                        \12\ \19\ 5.091-5.25
3.7-4.2 \1\                          \1\ 5.925-6.425
6.7-7.025 \12\                       \1\ \12\ \14\ 12.75-13.25
10.7-10.95 \1 12\                    \4\ \12\ 13.75-14
10.95-11.2 \1 2 12\                  \5\ 14-14.2
11.2-11.45 \1 12\                    14.2-14.5
11.45-11.7 \1 2 12\                  \12\ \20\ 15.43-15.63
11.7-12.2 \3\                        \9\ 17.3-17.8
12.2-12.7 \13\                       \18\ 24.75-25.05
18.3-18.58 \1 10\                    \1\ \18\ 25.05-25.25
18.58-18.8 \6\ \10\ \11\             \1\27.5-29.5
18.8-19.3 \7 10\                     29.5-30
19.3-19.7 \8 10\                     \1\ 47.2-50.2
19.7-20.2 \10\
37.5-40 \15 16\
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 coequally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared coequally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared coequally 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.

[[Page 236]]

 
\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 coequally with
  terrestrial fixed services.
\10\ This band is shared coequally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared coequally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by nongeostationary 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
  nongeostationary 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.
\17\ FSS earth stations in this band must operate on a secondary basis
  to terrestrial radiocommunication services, except that the band is
  shared coequally between certain grandfathered earth stations and the
  terrestrial radiocommunication services.
\18\ Use of the band 24.75-25.25 GHz by the fixed-satellite service
  (Earth-to-space) is limited to feeder links for space stations in the
  broadcasting-satellite service, and the sub-band 25.05-25.25 GHz is
  shared coequally with terrestrial fixed services.
\19\ See 47 CFR 2.106, footnotes 5.444A and US344, for conditions that
  apply to this band.
\20\ See 47 CFR 2.106, footnotes 5.511C and US359, for conditions that
  apply to this band.

    (2) [Reserved]
    (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.

    (8) The following frequencies are available for use by ESVs:

3700-4200 MHz (space-to-Earth)
5925-6425 MHz (Earth-to-space)
10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)

    ESVs shall be authorized and coordinated as set forth in Sec. Sec. 
25.221 and 25.222. ESV operators, collectively, may coordinate up to 180 
megahertz of spectrum in the 5925-6425 MHz (Earth-to-space) band for all 
ESV operations at any given location subject to coordination.
    (9) The following frequencies are available for use by the 
Broadcasting-Satellite Service after 1 April 2007:

17.3-17.7 GHz (space-to-Earth)
17.7-17.8 GHz (space-to-Earth)

    Note 1 to Paragraph (a)(9): Use of the 17.3-17.7 GHz band by the 
broadcasting-satellite service is limited to geostationary satellite 
orbit systems.
    Note 2 to Paragraph (a)(9): Use of the 17.7-17.8 GHz band (space-to-
Earth) by the broadcasting-satellite service is limited to transmissions 
from geostationary satellite orbit systems to receiving earth stations 
located outside of the United States and its Possessions. In the United 
States and its Possessions, the 17.7-17.8 GHz band is allocated on a 
primary basis to the Fixed Service.


[[Page 237]]


    (b) Other frequencies and associated bandwidths of emission may be 
assigned on a case-by-case basis to space systems under this part in 
conformance with Sec. 2.106 of this chapter and the Commission's rules 
and policies.
    (c) Orbital locations assigned to space stations licensed under this 
part by the commission are subject to change by summary order of the 
Commission on 30 days notice. An authorization to construct and/or to 
launch a space station becomes null and void if the construction is not 
begun or is not completed, or if the space station is not launched and 
positioned at its assigned orbital location and operations commenced in 
accordance with the station authorization, by the respective date(s) 
specified in the authorization. Frequencies and orbital location 
assignments are subject to the policies set forth in the Report and 
Order, FCC 83-184, adopted April 27, 1983 in CC Docket No. 81-704 and 
the Report and Order, adopted July 25, 1985 in CC Docket No. 84-1299 as 
modified by the Report and Order, adopted January 19, 1996 in IB Docket 
No. 95-41.
    (d) Frequency tolerance, Earth stations. The carrier frequency of 
each earth station transmitter authorized in these services shall be 
maintained within 0.001 percent of the reference frequency.
    (e) Frequency tolerance, space stations. The carrier frequency of 
each space station transmitter authorized in these services shall be 
maintained within 0.002 percent of the reference frequency.
    (f) Emission limitations. The mean power of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 50 percent up to and including 100 
percent of the authorized bandwidth: 25 dB;
    (2) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 100 percent up to and including 250 
percent of the authorized bandwidth: 35 dB;
    (3) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 250 percent of the authorized 
bandwidth: An amount equal to 43 dB plus 10 times the logarithm (to the 
base 10) of the transmitter power in watts;
    (4) In any event, when an emission outside of the authorized 
bandwidth causes harmful interference, the Commission may, at its 
discretion, require greater attenuation than specified in 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]

    Editorial Note: For Federal Register citations affecting Sec. 
25.202, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 25.203  Choice of sites and frequencies.

    (a) Sites and frequencies for earth stations, other than ESVs, 
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, other than an 
ESV, 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

[[Page 238]]

the local horizon as a function of azimuth, and the electrical 
characteristics of the earth station antenna(s), shall be submitted by 
the applicant in a single exhibit to the application. The coordination 
distance contour plot(s), horizon elevation plot, and antenna horizon 
gain plot(s) required by this section may also be submitted in tabular 
numerical format at 5[deg] azimuthal increments instead of graphical 
format. At a minimum, this exhibit shall include the information listed 
in paragraph (c)(2) of this section. An earth station applicant shall 
also include in the application relevant technical details (both 
theoretical calculations and/or actual measurements) of any special 
techniques, such as the use of artificial site shielding, or operating 
procedures or restrictions at the proposed earth station which are to be 
employed to reduce the likelihood of interference, or of any particular 
characteristics of the earth station site which could have an effect on 
the calculation of the coordination distance.
    (c) Prior to the filing of its application, an applicant for 
operation of an earth station, other than an ESV, 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

[[Page 239]]

lessened quality or capacity of either system, the details thereof shall 
be contained in the application.
    (5) The Commission may, in the course of examining any application, 
require the submission of additional showings, complete with pertinent 
data and calculations in accordance with Sec. 25.251, showing that 
harmful interference is not likely to result from the proposed 
operation.
    (d) An applicant for operation of an earth station, other than an 
ESV, 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 7 of the 
ITU RR) for international coordination, cross the boundaries of another 
Administration. In this case, the applicant shall furnish to 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   density \1\
                                                   (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

[[Page 240]]

fact, delivers a signal at the site in excess of the field strength 
specified herein.
    (f) Notification to the National Radio Astronomy Observatory: In 
order to minimize possible harmful interference at the National Radio 
Astronomy Observatory site located at Green Bank, Pocahontas County, W. 
Va., and at the Naval Radio Research Observatory site at Sugar Grove, 
Pendleton County, W. Va. any applicant for a station authorization other 
than mobile, temporary base, temporary fixed, Personal Radio, Civil Air 
Patrol, or amateur seeking a station license for a new station, a 
construction permit to construct a new station or to modify an existing 
station license in a manner which would change either the frequency, 
power, antenna height or directivity, or location of such a station 
within the area bounded by 39[deg]15[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

[[Page 241]]

primary plane of polarization in the azimuthal direction of the 
Monitoring Station;
    (iv) Stations within 80 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (h)(2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (h) Sites and frequencies for GSO and NGSO earth stations, operating 
in a frequency band where both have a co-primary allocation, shall be 
selected to avoid earth station antenna mainlobe-to-satellite antenna 
mainlobe coupling, between NGSO systems and between NGSO and GSO 
systems, in order to minimize the possibility of harmful interference 
between these services. Prior to filing an earth station application, in 
bands with co-primary allocations to NGSO and GSO earth stations, the 
applicant shall coordinate the proposed site and frequency usage with 
existing earth station licensees and with current earth station 
authorization applicants.
    (i) Any applicant for a new permanent transmitting fixed earth 
station authorization to be located on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, and Culebra, or for a modification of an 
existing authorization which would change the frequency, power, antenna 
height, directivity, or location of such station on these islands and 
would increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo Observatory, 
HC3 Box 53995, Arecibo, Puerto Rico 00612, 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

[[Page 242]]

each non-geostationary mobile-satellite service/radiodetermination 
satellite service feeder-link earth station.
    (k) An applicant for operation of an earth station, other than an 
ESV, that will operate with a geostationary satellite or non-
geostationary satellite in a shared frequency band in which the non-
geostationary system is (or is proposed to be) licensed for feeder 
links, shall demonstrate in its applications that its proposed earth 
station will not cause unacceptable interference to any other satellite 
network that is authorized to operate in the same frequency band, or 
certify that the operations of its earth station shall conform to 
established coordination agreements between the operator(s) of the space 
station(s) with which the earth station is to communicate and the 
operator(s) of any other space station licensed to use the band.
    (l) Applicants for feeder link earth station facilities operating in 
the 25.05-25.25 GHz band may be licensed only in Economic Areas where no 
existing FS licensee has been authorized, and shall coordinate their 
operations with 24 GHz fixed service operations if the power flux 
density of their transmitted signal at the boundary of the fixed service 
license area is equal to or greater than -114 dBW/m\2\ in any 1 MHz.
    (1) When uplink adaptive power control is used, the EIRP used for 
calculation of the power flux density level should be the maximum 
possible, taking into account the adaptive power increase.
    (2) The power flux density levels should be calculated based on the 
actual off-axis gain characteristics of the earth station antenna, and 
should assume free space propagation conditions.
    (3) When determining whether the power flux density threshold limit 
is exceeded at the 24 GHz FS licensing boundary, a feeder link earth 
station applicant must take into account not only the transmissions from 
its own antenna(s), but also those from any previously authorized feeder 
link earth stations. Thus, if the cumulative power flux density level at 
the FS license boundary is in excess of -114 dBW/m\2\/MHz, the earth 
station applicant must either modify its proposed operations such that 
this value is not exceeded, or enter into coordination with the affected 
FS licensee.

[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; 70 FR 4784, Jan. 31, 2005; 70 FR 
31373, June 1, 2005; 72 FR 50029, Aug. 29, 2007]



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, other than an ESV, 
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 0[deg] < [thetas] <= 5[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 radiocommunication 
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] < [thetas] <= 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

[[Page 243]]

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, and feeder link earth stations operating in the 24.75-25.25 
GHz band (Earth-to-space) and providing service to geostationary 
satellites in the 17/24 GHz BSS, 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 the level of mutual 
interference between networks.
    (h) ESV transmissions in the 5925-6425 MHz (Earth-to-space) band 
shall not exceed an e.i.r.p. spectral density towards the radio-horizon 
of 17 dBW/MHz, and shall not exceed an e.i.r.p. towards the radio-
horizon of 20.8 dBW. The ESV network shall shut-off the ESV transmitter 
if the e.i.r.p. spectral density towards the radio-horizon or e.i.r.p. 
towards the radio-horizon are exceeded.
    (i) Within 125 km of the TDRSS sites identified in Sec. 25.222(d), 
ESV transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not 
exceed an e.i.r.p. spectral density towards the horizon of 12.5 dBW/MHz, 
and shall not exceed an e.i.r.p. towards the horizon of 16.3 dBW.

[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; 70 FR 4784, Jan. 31, 2005; 70 FR 32255, June 2, 2005; 72 FR 
50029, Aug. 29, 2007]



Sec. 25.205  Minimum angle of antenna elevation.

    (a) 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.
    (b) ESVs making a special showing requesting angles of elevation 
less than 5[deg] measured from the horizontal plane to the direction of 
maximum radiation pursuant to (a) of this Section must still meet the 
effective isotropically radiated power (e.i.r.p.) and e.i.r.p. density 
towards the horizon limits contained in Sec. 25.204(h) and (i).

[70 FR 4784, Jan. 31, 2005]

[[Page 244]]



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 3650-4200 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 17.7-17.8 GHz, 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 ([delta]-5) dB (W/m\2\) in any 1 MHz band for angles 
of arrival d (in degrees) between 5 and 25 degrees above the horizontal 
plane.
    (3) -105 dB (W/m\2\) in any 1 MHz band for angles of arrival between 
25 and 90 degrees above the horizontal plane.
    (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/m\2\/MHz)..............  for 0[deg] <= [delta] < 5[deg]
-115-X+((10+X)/20)([delta]-5)dB(W/   for 5[deg] <= [delta] < 25[deg]
 m\2\/MHz).
-105 dB(W/m\2\/MHz)................  for 25[deg] <= [delta] < 90[deg]
 


[[Page 245]]

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              40  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -174              90                   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              40  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -178.4            99.5                   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
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in         -190.45               0              40  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -189.45              90                   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              40  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -195.45              99                   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.


[[Page 246]]


 Table 2G--Single-Entry EPFDdown Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
100% of the time EPFDdown dB(W/(m\2\/40    Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0 < [verbar] Latitude [verbar]
                                          <= 57.5.
-160 + 3.4 (57.5 - [verbar] Latitude     57.5 < [verbar] Latitude
 [verbar] )/4.                            [verbar] <= 63.75
-165.3.................................  63.75 <= [verbar] Latitude
                                          [verbar]
------------------------------------------------------------------------

    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              40  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -168.6              90                   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
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -176.5               0              40  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -173            99.5                   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              40  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -184              90                   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              40  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -190              99                   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/(m\2\/40    Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0 < [verbar] Latitude [verbar]
                                          <= 57.5

[[Page 247]]

 
-160 + 3.4 (57.5 - [verbar] Latitude     57.5 < [verbar] Latitude
 [verbar])/4.                             [verbar] <= 63.75
-165.3.................................  63.75 <= [verbar] Latitude
                                          [verbar]
------------------------------------------------------------------------

    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/(m\2\/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
-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:

[[Page 248]]



        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            6
 12.5 in Region 3; and 12.5;-12.75 in            -167.5            9
 Regions 1 and 3..........................       -169.5  
                                                    100          =18
                                                     40        <=2.5
Prior to 31 December 2005: 10.7-11.7 in            -160            3
 all Regions; 11.7-12.2 in Region 2; 12.2-         -163            6
 12.5 in Region 3; and 12.5-12.75 in             -164.5            9
 Regions 1 and 3..........................       -166.5  
                                                    100          =18
                                                     40  
                                                             2.5 and
                                                               <=4.5
----------------------------------------------------------------------------------------------------------------
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            6
 in Region 3; and 12.5-12.75 in Regions 1        -165.5            9
 and 3....................................       -167.5  
                                                    100          =18
                                                     40        <=2.5
----------------------------------------------------------------------------------------------------------------
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            6
 in Region 3; and 12.5-12.75 in Regions 1        -162.5            9
 and 3....................................       -164.5  
                                                    100          =18
                                                     40  
                                                             2.5 and
                                                               <=4.5
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\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.

    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:

[[Page 249]]



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

[[Page 250]]

 
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.
\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)) 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/(m\2\/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/(m\2\/40    Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160.0.................................  0 <= [verbar] Latitude [verbar]
                                          <= 57.5
-160.0 + 3.4 (57.5 - [verbar] Latitude   57.5 <= [verbar] Latitude
 [verbar])/4.                             [verbar] <= 63.75
-165.3.................................  63.75 <= [verbar] Latitude
                                          [verbar]
------------------------------------------------------------------------


[[Page 251]]

    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:

  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
      international allocations          (W/m\2\)     EPFDdown    bandwidth     reference radiation pattern \4\
                                                     level may      (kHz)
                                                       not be
                                                      exceeded
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-12.2 and        -160.4            0  ...........  30 cm
 12.5-12.75 in Region 3; 12.2-12.7 in       -160.1           25           40  Recommendation ITU-R
 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; 11.7-12.2 and          -170            0  ...........  45 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -167           66           40  Recommendation ITU-R
 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; 11.7-12.2 and          -171            0  ...........  60 cm
 12.5-12.75 in Region 3; 12.2-12.7 in      -168.75           90           40  Recommendation ITU-R
 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; 11.7-12.2 and       -173.75            0  ...........  90 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -173           33           40  Recommendation ITU-R
 Region 2.                                    -171           98               BO.1443
                                            -165.5         99.1               Annex 1.
                                              -163         99.5
                                              -161         99.8
                                              -160        99.97
                                              -160          100
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-12.2 and          -177            0  ...........  120 cm
 12.5-12.75 in Region 3; 12.2-12.7 in      -175.25           90           40  Recommendation ITU-R
 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
----------------------------------------------------------------------------------------------------------------

[[Page 252]]

 
11.7-12.5 in Region 1; 11.7-12.2 and        -179.5            0  ...........  180 cm
 12.5-12.75 in Region 3; 12.2-12.7 in      -178.66           33           40  Recommendation ITU-R
 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; 11.7-12.2 and          -182            0  ...........  240 cm
 12.5-12.75 in Region 3; 12.2-12.7 in       -180.9           33           40  Recommendation ITU-R
 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; 11.7-12.2 and        -186.5            0  ...........  300 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -184           33           40  Recommendation ITU-R
 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.


 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 <= [verbar] Latitude [verbar]
                                          <= 57.5.
160.0 + 3.4 (57.5 - [verbar] Latitude    57.5 <= [verbar] Latitude
 [verbar] )/4.                            [verbar] <= 63.75.
165.3..................................  63.75 <= [verbar] Latitude
                                          [verbar].
------------------------------------------------------------------------

    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.

[[Page 253]]



               Table N--Limits of Power-Flux Density From Space Stations in the Band 6700-7075 MHz
----------------------------------------------------------------------------------------------------------------
                                   Limit in dB (W/m\2\) for angle of arrival ([delta]) above
                                                     the horizontal plane                          Reference
         Frequency band          ------------------------------------------------------------      bandwidth
                                     0[deg]-5[deg]      5[deg]-25[deg]      25[deg]-90[deg]
----------------------------------------------------------------------------------------------------------------
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...............
                                                      and...............
                                  -134..............  -134 + 0.5([delta]- -124..............  1 MHz.
                                                       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/m\2\) 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/m\2\) 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) The power flux-density at the Earth's surface produced by 
emissions from a space station in either the Earth exploration-satellite 
service in the band 25.5-27 GHz or the inter-satellite service in the 
band 25.25-27.5 GHz for all conditions and for all methods of modulation 
shall not exceed the following values:
    -115 dB(W/m\2\) in any 1 MHz band for angles of arrival between 0 
and 5 degrees above the horizontal plane;
    -115 + 0.5(-5) dB(W/m\2\) in any 1 MHz band for angles of arrival 
between 5 and 25 degrees above the horizontal plane;
    -105 dB(W/m\2\) in any 1 MHz 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.
    (q) 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/m\2\) 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/m\2\) 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/m\2\) in any 1 MHz band for angles of 
arrival [delta] (in degrees) between 20 and 25 degrees above the 
horizontal plane;
    -117 dB(W/m\2\) 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/m\2\) 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/m\2\) in any 1 MHz band for angles of 
arrival [delta] (in degrees) between 5 and 20 degrees above the 
horizontal plane; and
    -107 + 0.4 ([delta]-20) dB(W/m\2\) in any 1 MHz band for angles of 
arrival [delta] (in degrees) between 20 and 25 degrees above the 
horizontal plane;
    -105 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 (q): 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

[[Page 254]]

the subject of a further rulemaking by the Commission on the satellite 
service rules.

    (r) 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/m\2\) 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/m\2\) 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/m\2\) 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/m\2\) 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/m\2\) 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/m\2\) in any 1 MHz band for angles of arrival between 25 
and 90 degrees above the horizontal plane.

    Note to paragraph (r): 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.

    (s) 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/m\2\) 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/m\2\) 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/m\2\) 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 non-geostationary space station for 
all conditions and for all methods of modulation shall not exceed the 
following values:
    -115 dB(W/m\2\) 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/m\2\) 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/m\2\) 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.

    (u) 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/m\2\) in any 1 MHz band for angles of arrival between 0 
and 5 degrees above the horizontal plane;
    -120 + ([delta]-5) dB(W/m\2\) in any 1 MHz band for angles of 
arrival [delta] (in degrees) between 5 and 15 degrees above the 
horizontal plane;
    -110 + 0.5 ([delta]-15) dB(W/m\2\) 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/m\2\) in any 1 MHz band for angles of arrival between 25 
and 90 degrees above the horizontal plane;

    Note to paragraph (u): These limits relate to the power flux-density 
that would be

[[Page 255]]

obtained under assumed free-space propagation conditions.

    (v) In the band 2496-2500 MHz, the power flux-density at the Earth's 
surface produced by emissions from non-geostationary space stations for 
all conditions and all methods of modulation shall not exceed the 
following values (these values are obtained under assumed free-space 
propagation conditions):
    (1) -144 dB (W/m[supcaret]2) in 4 kHz for all angles of arrival 
between 0 and 5 degrees above the horizontal plane; -144 dB (W/
m[supcaret]2) + 0.65([delta] -5) in 4 kHz for all angles of arrival 
between 5 and 25 degrees above the horizontal plane; and
    -131 dB (W/m[supcaret]2) in 4 kHz and for all angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (2) -126 dB (W/m[supcaret]2) in 1 MHz for all angles of arrival 
between 0 and 5 degrees above the horizontal plane; -126 dB (W/
m[supcaret]2) + 0.65([delta] -5) in 1 MHz for all angles of arrival 
between 5 and 25 degrees above the horizontal plane; and
    -113 dB (W/m[supcaret]2) in 1 MHz and for all angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (w) The power flux density at the Earth's surface produced by 
emissions from a 17/24 GHz BSS space station operating in the 17.3-17.7 
GHz band for all conditions, including clear sky, and for all methods of 
modulation shall not exceed the regional power flux density levels 
defined below.
    (1) In the region of the contiguous United States, located south of 
38[deg] North Latitude and east of 100 West Longitude: -115 dBW/m\2\/
MHz.
    (2) In the region of the contiguous United States, located north of 
38[deg] North Latitude and east of 100[deg] West Longitude: -118 dBW/
m\2\/MHz.
    (3) In the region of the contiguous United States, located west of 
100 West Longitude: -121 dBW/m\2\/MHz.
    (4) For all regions outside of the contiguous United States 
including Alaska and Hawaii: -115 dBW/m\2\/MHz.

[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; 70 FR 
24725, May 11, 2005; 70 FR 46675, Aug. 10, 2005; 71 FR 35188, June 19, 
2006; 72 FR 50029, Aug. 29, 2007; 73 FR 25496, May 6, 2008]



Sec. 25.209  Antenna performance standards.

    (a) The gain of any antenna to be employed in transmission from an 
earth station in the fixed-satellite service shall lie below the 
envelope defined below:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location, for earth stations not 
operating in the Ka-band or conventional Ku-band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thetas].................  dBi...................  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8..................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32-25log10[thetas].................  dBi...................  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] 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 [thetas] between 1.5 and 7.0 degrees. For 
[thetas] 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 the plane of the geostationary satellite orbit as it appears 
at the particular earth station location, for earth stations operating 
in the Ka-band or conventional Ku-band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thetas].................  dBi...................  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8..................................  dBi...................  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32-25log10[thetas].................  dBi...................  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]

[[Page 256]]

 
0..................................  dBi...................  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

    (3) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths, for 
all earth stations not operating in the Ka-band or conventional Ku-band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thetas].................  dBi...................  For...................  3[deg] < [thetas] <=
                                                                                      48[deg]
-10................................  dBi...................  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] 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.

    (4) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths, for 
all earth stations operating in the Ka-band or conventional Ku-band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thetas]....................  dBi......................  For.....................  3[deg] < [thetas]
                                                                                              <= 48[deg]
-10...................................  dBi......................  For.....................  48[deg] < [thetas]
                                                                                              <= 85[deg]
0.....................................  dBi......................  For.....................  85[deg] < [thetas]
                                                                                              <= 180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] 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.

    (5) Elliptical earth station antennas may be operated only when the 
major axis of the antenna is aligned with the plane of the geostationary 
satellite orbit as it appears at the particular earth station location.
    (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 as follows:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas]....................  dBi......................  For.....................  1.8[deg] < [thetas]
                                                                                              <= 7[deg]
-2....................................  dBi......................  For.....................  7[deg] < [thetas]
                                                                                              <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------

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) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas]....................  dBi......................  For.....................  3[deg] < [thetas]
                                                                                              <= 7[deg]
-2....................................  dBi......................  For.....................  7[deg] < [thetas]
                                                                                              <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and dBi are defined above.

    (c)(1) 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

[[Page 257]]

paragraphs (a)(3) and (a)(4) of this section.
    (2) 17/24 GHz BSS telemetry earth stations are protected from 
harmful interference caused by other space stations to the extent set 
forth in paragraph (c)(1) of this section. Receive-only earth stations 
in the 17/24 GHz BSS are protected from harmful interference caused by 
other space stations to the extent set forth in Sec. 25.224 of this 
part.
    (d) The patterns specified in paragraphs (a) and (b) of this section 
shall apply to all new earth station antennas initially authorized after 
February 15, 1985 and shall apply to all earth station antennas after 
March 11, 1994.
    (e) The operations of any earth station with an antenna not 
conforming to the standards of paragraphs (a) and (b) of this section 
shall impose no limitations upon the operation, location or design of 
any terrestrial station, any other earth station, or any space station 
beyond those limitations that would be expected to be imposed by an 
earth station employing an antenna conforming to the reference patterns 
defined in paragraphs (a) and (b) of this section.
    (f) An earth station with an antenna not conforming to the standards 
of paragraphs (a) and (b) of this section will be 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 spacing. An earth station antenna initially authorized on 
or before February 15, 1985 will be authorized by the Commission to 
continue to operate as long as such operations are found not to cause 
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. The applicant has the 
burden of demonstrating that its antenna not conforming to the standards 
of paragraphs (a) and (b) of this section will not cause unacceptable 
interference. This demonstration must comply with the procedures set 
forth in Sec. 25.220.
    (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
1\B\ <= [thetas] <= 36\B\
36\B\ <= [thetas] <= 180\B\

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; 70 FR 32255, June 2, 2005; 72 FR 50029, Aug. 29, 2007; 73 FR 
70901, Nov. 24, 2008]



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 3700-4200 MHz and 5925-6425 MHz frequency bands 
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

[[Page 258]]

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, 15.43-15.63 GHz, and 24.75-25.25 GHz bands, or in the 
Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-
Earth), 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)(1) Space station antennas in the Fixed-Satellite Service, other 
than antennas in the 17/24 GHz BSS, 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.
    (2) Space station antennas in the 17/24 GHz Broadcasting 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 25 dB 
within its primary coverage area.
    (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).
    (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; 69 FR 54587, Sept. 9, 2004; 70 FR 32256, June 2, 2005; 72 FR 
50029, Aug. 29, 2007]



Sec. 25.211  Analog video transmissions in the Fixed-Satellite Services.

    (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

[[Page 259]]

whatever value is necessary to meet the power flux density limits 
specified in Sec. 25.208(a) and successfully coordinated 
internationally and accepted by adjacent U.S. satellite operators based 
on the use of state of the art space and earth station facilities. 
Further, all transmissions operating in frequency bands described in 
Sec. 25.208 (b) and (c) shall also contain an energy dispersal signal 
at all times with a minimum peak-to-peak bandwidth set at whatever value 
is necessary to meet the power flux density limits specified in Sec. 
25.208(b) and (c) and successfully coordinated internationally and 
accepted by adjacent U.S. satellite operators based on the use of state 
of the art space and earth station facilities. The transmission of an 
unmodulated carrier at a power level sufficient to saturate a 
transponder is prohibited, except by the space station licensee to 
determine transponder performance characteristics. All 12/14 GHz video 
transmissions for TV/FM shall identify the particular carrier 
frequencies for necessary coordination with adjacent U.S. satellite 
systems and affected satellite systems of other administrations.
    (c) All initial analog video transmissions shall be preceded by a 
video test transmission at an uplink e.i.r.p. 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) An earth station may be routinely licensed for transmission of 
full transponder video analog services provided:
    (1) In the 5925-6425 MHz band, with an antenna equivalent diameter 
4.5 meters or greater, the maximum input power into the antenna does not 
exceed 26.5 dBW; or
    (2) In the 14.0-14.5 GHz band, with an antenna equivalent diameter 
of 1.2 meters or greater, the maximum input power into the antenna does 
not exceed 27 dBW.
    (e) Antennas smaller than those specified in paragraph (d) of this 
section are subject to the provisions of Sec. 25.220, which may include 
power reduction requirements. These antennas will not be routinely 
licensed for transmission of full transponder services.
    (f) Each applicant for authorization for analog transmissions in the 
fixed-satellite service proposing to use maximum power into the antenna 
in excess of those specified in Sec. 25.211(d), must comply with the 
procedures set forth in Sec. 25.220.

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5931, Feb. 10, 1997; 70 FR 32256, June 2, 2005]



Sec. 25.212  Narrowband analog transmissions, digital transmissions, and 
video transmissions in the 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 14.0 through 14.5 GHz band, an earth station with an 
antenna 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 spectral density into the 
antenna does not exceed -8 dBW/4 kHz and the maximum transmitted 
satellite carrier EIRP density does not exceed 17 dBW/4 kHz. Such earth 
stations may be routinely licensed for transmission of narrowband and/or 
wideband digital services, including digital video services, if the 
maximum input spectral power density into the antenna does not exceed -
14 dBW/4 kHz, and the maximum transmitted satellite carrier

[[Page 260]]

EIRP density does not exceed +10.0 dBW/4 kHz. Antennas transmitting in 
the 14.0 through 14.5 GHz band with a major and/or minor axis smaller 
than 1.2 meters are subject to the provisions of Sec. 25.220, which may 
include power reduction requirements.
    (d)(1) For earth stations licensed before March 10, 2005 in the 
5925-6425 MHz 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.
    (2) For earth stations licensed after March 10, 2005 in the 5925-
6425 MHz 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 - 10log(N) dBW/4 kHz for narrow and/or wideband 
digital SCPC carriers. For digital SCPC using frequency division 
multiple access (FDMA) or time division multiple access (TDMA) 
technique, N is equal to one. For digital SCPC using code division 
multiple access (CDMA) technique, N is the maximum number of co-
frequency simultaneously transmitting earth stations in the same 
satellite receiving beam.
    (3) Antennas with an equivalent diameter smaller than 4.5 meters in 
the 5925-6425 MHz band are subject to the provisions of Sec. 25.220 of 
this chapter, which may include power reduction requirements.
    (e) Each applicant for authorization for transmissions in the fixed-
satellite service proposing to use transmitted satellite carrier EIRP 
densities, and/or maximum antenna input power densities in excess of 
those specified in paragraph (c) of this section in the 14.0-14.5 GHz 
band, or in paragraph (d) of this section in the 5925-6425 MHz band, 
respectively, must comply with the procedures set forth in Sec. 25.220.
    (f) In the 24.75-25.25 GHz band, an earth station that meets the 
antenna gain pattern requirements set forth in Sec. Sec. 25.209(a) and 
(b) of this part may be routinely licensed if the maximum power density 
into the antenna does not exceed 3.5 dBW/MHz.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 62 
FR 51378, Oct. 1, 1997; 70 FR 32256, June 2, 2005; 70 FR 33376, June 8, 
2005; 72 FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, 2008]



Sec. 25.213  Inter-Service coordination requirements for the 1.6/2.4
GHz mobile-satellite service.

    (a) Protection of the radio astronomy service in the 1610.6-1613.8 
MHz band against interference from 1.6/2.4 GHz Mobile-Satellite Service 
systems.
    (1) Protection zones. All 1.6/2.4 GHz Mobile Satellite Service 
systems shall be capable of determining the position of the user 
transceivers accessing the space segment through either internal 
radiodetermination calculations or external sources such as LORAN-C or 
the Global Positioning System. During periods of radio astronomy 
observations, land mobile earth stations shall not operate when located 
within geographic protection zones defined by the radio observatory 
coordinates and separation distances as follows:
    (i) In the band 1610.6-1613.8 MHz, within a 160 km radius of the 
following radio astronomy sites:

------------------------------------------------------------------------
                                                   Latitude    Longitude
                   Observatory                       (DMS)       (DMS)
------------------------------------------------------------------------
Arecibo, PR.....................................    18 20 46    66 45 11
Green Bank Telescope, WV........................    38 25 59    79 50 24
                                                    38 26 09    79 49 42
Very Large Array, NM............................    34 04 43   107 37 04
Owens Valley, CA................................    37 13 54   118 17 36
Ohio State, OH..................................    40 15 06    83 02 54
------------------------------------------------------------------------

    (ii) In the band 1610.6-1613.8 MHz, within a 50 km radius of the 
following sites:

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


[[Page 261]]

    (iii) Out-of-band emissions of a mobile earth station licensed to 
operate within the 1610.0-1626.5 MHz band shall be attenuated so that 
the power flux density it produces in the 1610.6-1613.8 MHz band at any 
radio astronomy site listed in paragraph (a)(1) (i) or (ii) of this 
section shall not exceed the emissions of a mobile earth station 
operating within the 1610.6-1613.8 MHz band at the edge of the 
protection zone applicable for that site. As an alternative, a mobile 
earth station shall not operate during radio astronomy observations 
within the 1613.8-1615.8 MHz band within 100 km of the radio astronomy 
sites listed in paragraph (a)(1)(i) of this section, and within 30 km of 
the sites listed in paragraph (a)(1)(ii) of this section, there being no 
restriction on a mobile earth station operating within the 1615.8-1626.5 
MHz band.
    (iv) For airborne mobile earth stations operating in the 1610.0-
1626.5 MHz band, the separation distance shall be the larger of the 
distances specified in paragraph (a)(1) (i), (ii) or (iii) of this 
section, as applicable, or the distance, d, as given by the formula:

d (km) = 4.1 square root of (h)

where h is the altitude of the aircraft in meters above ground level.

    (v) Smaller geographic protection zones may be used in lieu of the 
areas specified in paragraphs (a)(1) (i), (ii), (iii), and (iv) of this 
section if agreed to by the Mobile-Satellite Service licensee and the 
Electromagnetic Spectrum Management Unit (ESMU), National Science 
Foundation, Washington, D.C. upon a showing by the Mobile-Satellite 
Service licensee that the operation of a mobile earth station will not 
cause harmful interference to a radio astronomy observatory during 
periods of observation.
    (vi) The ESMU shall notify Mobile-Satellite Service space station 
licensees authorized to operate mobile earth terminals in the 1610.0-
1626.5 MHz band of periods of radio astronomy observations. The mobile-
satellite systems shall be capable of terminating operations within the 
frequency bands and protection zones specified in paragraphs (a)(1) (i) 
through (iv) of this section, as applicable, after the first position 
fix of the mobile earth terminal either prior to transmission or, based 
upon its location within the protection zone at the time of initial 
transmission of the mobile earth terminal. Once the mobile-satellite 
system determines that a mobile earth terminal is located within an RAS 
protection zone, the mobile-satellite system shall immediately initiate 
procedures to relocate the mobile earth terminal operations to a non-RAS 
frequency.
    (vii) A beacon-actuated protection zone may be used in lieu of fixed 
protection zones in the 1610.6-1613.8 MHz band if a coordination 
agreement is reached between a mobile-satellite system licensee and the 
ESMU on the specifics of beacon operations.
    (viii) Additional radio astronomy sites, not located within 100 
miles of the 100 most populous urbanized areas as defined by the United 
States Census Bureau at the time, may be afforded similar protection one 
year after notice to the mobile-satellite system licensees by issuance 
of a public notice by the Commission.
    (2) Mobile-Satellite Service space stations transmitting in the 
1613.8-1626.5 MHz band shall take whatever steps necessary to avoid 
causing harmful interference to the radio astronomy facilities listed in 
paragraphs (a)(1)(i) and (ii) of this section during periods of 
observation.
    (3) Mobile-Satellite Service space stations operating in the 2483.5-
2500 MHz frequency band shall limit spurious emission levels in the 
4990-5000 MHz band so as not to exceed -241 dB (W/m\2\/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) If a Mobile-Satellite Service space station operator in the 
2496-2500 MHz band intends to operate at powers levels that exceed the 
PFD limits in Sec. 25.208(v), or if actual operations routinely exceed 
these PFD limits, we require the Mobile-Satellite Service operator to 
receive approval from each operational BRS system in the affected 
geographical region.

[59 FR 53329, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 67 
FR 61816, Oct. 2, 2002; 71 FR 35188, June 19, 2006]

[[Page 262]]



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 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

[[Page 263]]

service after July 21, 2002 with assigned uplink frequencies between 
1610 MHz and 1660.5 MHz shall not exceed -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 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.

[[Page 264]]

    (i) The 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 two millisecond interval.
    (j) A Root-Mean-Square detector shall be used for all power density 
measurements.

[69 FR 5710, Feb. 6, 2004, as amended at 70 FR 19318, Apr. 13, 2005]



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, 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) [Reserved]
    (e) In the event that the Commission adopts frequency band-specific 
service

[[Page 265]]

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, as amended at 70 FR 59277, Oct. 12, 2005]



Sec. 25.218  Off-axis EIRP envelopes for FSS earth station operations.

    (a) This section applies to all earth station applications, except 
for:
    (1) ESV applications,
    (2) Analog video earth station applications,
    (3) Applications for feeder-link earth stations in the 17/24 GHz 
BSS.
    (b) Earth station applications subject to this section are eligible 
for routine processing if they meet the applicable off-axis EIRP 
envelope set forth in this section below. For purposes of this section, 
the term ``extended Ku-band'' is the 10.7 through 11.7 GHz, 12.75 
through 13.25 GHz, and 13.75 through 14.0 GHz band. The term 
``conventional Ku-band'' is defined in Sec. 25.201 of this chapter.
    (c) C-band analog earth station operations. (1) In the plane of the 
geostationary satellite orbit as it appears at the particular earth 
station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
8.5................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
32.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-9.5...............................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, and the 
geostationary orbit plane is determined by the focal point of the 
antenna and the line tangent to the arc of the geostationary satellite 
orbit at the position of the target satellite. For the purposes of this 
section, the peak EIRP of an individual sidelobe may not exceed the 
envelope defined above for [thetas] between 1.5[deg] and 7.0[deg]. For 
[thetas] greater than 7.0[deg], the envelope may be exceeded by no more 
than 10% of the sidelobes, provided no individual sidelobe exceeds the 
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:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log10[thetas]...............  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-9.5...............................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is the angle in degrees from the line connecting the 
focal point of the antenna to the target satellite, within any plane 
that includes that line, with the exception of the plane determined by 
the focal point of the antenna and the line tangent to the arc of the 
geostationary satellite orbit at the position of the target satellite. 
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 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.

    (d) C-band digital earth station operations. (1) In the plane of the 
geostationary satellite orbit as it appears at the particular earth 
station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
26.3-10log10(N)-25log10[thetas]....  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
5.3-10log10(N).....................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
29.3 -10log10(N)-25log10[thetas]...  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]

[[Page 266]]

 
-12.7-10log10(N)...................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit are 
defined in paragraph (c)(1) of this section, and N is defined below. For 
the purposes of this section, the peak EIRP of an individual sidelobe 
may not exceed the envelope defined above for [thetas] between 1.5[deg] 
and 7.0[deg]. For [thetas] greater than 7.0[deg], the envelope may be 
exceeded by no more than 10% of the sidelobes, provided no individual 
sidelobe exceeds the envelope given above by more than 3 dB. For digital 
SCPC using frequency division multiple access (FDMA) or time division 
multiple access (TDMA) technique, N is equal to one. For digital SCPC 
using code division multiple access (CDMA) technique, N is the maximum 
number of co-frequency simultaneously transmitting earth stations in the 
same satellite receiving beam.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3-10log10(N)-25log10[thetas]....  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-12.7-10log10(N)...................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section, and N is 
defined in paragraph (d)(1) of this section. 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 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.

    (e) Conventional Ku-band analog earth station operations. (1) In the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thetas].................  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
0..................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
24-25log10[thetas].................  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-8.................................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite are defined 
in paragraph (c)(1) of this section. For the purposes of this section, 
the peak EIRP of an individual sidelobe may not exceed the envelope 
defined above for [thetas] between 1.5[deg] and 7.0[deg]. For [thetas] 
greater than 7.0[deg], the envelope may be exceeded by no more than 10% 
of the sidelobes, provided no individual sidelobe exceeds the 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:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thetas].................  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-8.................................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section. 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 
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.

    (f) Conventional Ku-band digital earth station operations. (1) In 
the plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

[[Page 267]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
-6-10log10(N)......................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-14-10log10(N).....................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit are 
defined in paragraph (c)(1) of this section, and N is defined below. For 
the purposes of this section, the peak EIRP of an individual sidelobe 
may not exceed the envelope defined above for [thetas] between 1.5[deg] 
and 7.0[deg]. For [thetas] greater than 7.0[deg], the envelope may be 
exceeded by no more than 10% of the sidelobes, provided no individual 
sidelobe exceeds the envelope given above by more than 3 dB. For digital 
SCPC using frequency division multiple access (FDMA) or time division 
multiple access (TDMA) technique, N is equal to one. For digital SCPC 
using code division multiple access (CDMA) technique, N is the maximum 
number of co-frequency simultaneously transmitting earth stations in the 
same satellite receiving beam.
    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
-14-10log10(N).....................  dBW/4 kHz.............  For...................  85[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section, and N is 
defined in paragraph (f)(1) of this section. 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 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.

    (g) Extended Ku-band analog earth station operations. (1) In the 
plane of the geostationary satellite orbit as it appears at the 
particular earth station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thetas].................  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
0..................................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
24-25log10[thetas].................  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit are 
defined in paragraph (c)(1) of this section. For the purposes of this 
section, the peak EIRP of an individual sidelobe may not exceed the 
envelope defined above for [thetas] between 1.5[deg] and 7.0[deg]. For 
[thetas] greater than 7.0[deg], the envelope may be exceeded by no more 
than 10% of the sidelobes, provided no individual sidelobe exceeds the 
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:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thetas].................  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-18................................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section. 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 
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.

    (h) Extended Ku-band digital earth station operations. (1) In the 
plane of the

[[Page 268]]

geostationary satellite orbit as it appears at the particular earth 
station location:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  1.5[deg] <= [thetas] <=
                                                                                      7[deg]
-6-10log10(N)......................  dBW/4 kHz.............  For...................  7[deg] < [thetas] <=
                                                                                      9.2[deg]
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  9.2[deg] < [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      180[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] and the plane of the geostationary satellite orbit are 
defined in paragraph (c)(1) of this section, and N is defined below. For 
the purposes of this section, the peak EIRP of an individual sidelobe 
may not exceed the envelope defined above for [thetas] between 1.5[deg] 
and 7.0[deg]. For [thetas] greater than 7.0[deg], the envelope may be 
exceeded by no more than 10% of the sidelobes, provided no individual 
sidelobe exceeds the envelope given above by more than 3 dB. For digital 
SCPC using frequency division multiple access (FDMA) or time division 
multiple access (TDMA) technique, N is equal to one. For digital SCPC 
using code division multiple access (CDMA) technique, N is the maximum 
number of co-frequency simultaneously transmitting earth stations in the 
same satellite receiving beam.

    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log10(N)-25log10[thetas]......  dBW/4 kHz.............  For...................  3[deg] <= [thetas] <=
                                                                                      48[deg]
-24-10log10(N).....................  dBW/4 kHz.............  For...................  48[deg] < [thetas] <=
                                                                                      85[deg]
----------------------------------------------------------------------------------------------------------------

where [thetas] is defined in paragraph (c)(2) of this section and N is 
defined in paragraph (h)(1) of this section. 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 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.

[73 FR 70902, Nov. 24, 2008]

    Effective Date Note: At 74 FR 9962, Mar. 9, 2009, Sec. 25.218, 
which contains information collection and recordkeeping requirements, 
became effective with approval by the Office of Management and Budget 
for a period of three years.



Sec. 25.219  [Reserved]



Sec. 25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) This section applies to earth station applications, other 
than ESV applications and 17/24 GHz BSS feeder link applications, in 
which the proposed earth station operations do not fall within the 
applicable off-axis EIRP envelope specified in Section 25.218 of this 
chapter.
    (2) The requirements for petitions to deny applications filed 
pursuant to this section are set forth in Sec. 25.154.
    (b) If an antenna proposed for use by the applicant does not comply 
with the antenna performance standards contained in Sec. 25.209(a) and 
(b), the applicant must provide, as an exhibit to its FCC Form 312 
application, the antenna gain patterns specified in Sec. 25.132(b).
    (c) [Reserved]
    (1) The applicant must provide in its Form 312, Schedule B, the 
power and power density levels that result by reducing the values stated 
in Sec. Sec. 25.134, 25.211, or 25.212, whichever is applicable, by the 
number of decibels that the non-compliant antenna fails to meet the 
antenna performance standard of Sec. 25.209(a) and (b), or
    (2) The applicant will not be permitted to transmit to any satellite 
unless the applicant has provided the certifications listed in paragraph 
(e)(1) of this section from the operator of that satellite(s).
    (3) The applicant will not receive protection from adjacent 
satellite interference from any satellite unless the applicant has 
provided the certifications listed in paragraph (d)(1) of this section 
from the operator of that satellite(s) from which it plans to receive.
    (d)(1) The applicant must submit the certifications listed in 
paragraphs

[[Page 269]]

(d)(1)(i) through (d)(1)(iv) of this section. The applicant will be 
authorized to transmit only to the satellite systems included in the 
coordination agreements referred to in the certification required by 
paragraph (d)(1)(ii) of this section. The applicant will be granted 
protection from receiving interference only with respect to the 
satellite systems included in the coordination agreements referred to in 
the certification required by paragraph (d)(1)(ii) of this section, and 
only to the extent that protection from receiving interference is 
afforded by those coordination agreements.
    (i) A statement from the satellite operator acknowledging that the 
proposed operation of the subject non-conforming earth station with its 
satellite(s) has the potential to receive interference from adjacent 
satellite networks that may be unacceptable.
    (ii) A statement from the satellite operator that it has coordinated 
the operation of the subject non-conforming earth station accessing its 
satellite(s), including its required downlink power density based on the 
information contained in the application, with all adjacent satellite 
networks within 6[deg] of orbital separation from its satellite(s), and 
the operations will operate in conformance with existing coordination 
agreement for its satellite(s) with other satellite systems, except as 
set forth in paragraph (d)(4) of this section.
    (iii) A statement from the satellite operator that it will include 
the subject non-conforming earth station operations in all future 
satellite network coordinations, and
    (iv) A statement from the earth station applicant certifying that it 
will comply with all coordination agreements reached by the satellite 
operator(s).
    (2) A license granted pursuant to paragraph (d)(1) of this section 
will include, as a condition on that license, that if a good faith 
agreement cannot be reached between the satellite operator and the 
operator of a future 2[deg] compliant satellite, the earth station 
operator shall accept the power density levels that would accommodate 
the 2[deg] compliant satellite.
    (3) In the event that a coordination agreement discussed in 
paragraph (d)(1)(ii) of this section is reached, but that coordination 
agreement does not address protection from interference for the earth 
station, that earth station will be protected from interference to the 
same extent that an earth station that meets the requirements of Sec. 
25.209 of this title would be protected from interference.
    (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party 
applying for an earth station license pursuant to this section will not 
be required to certify that its target satellite operator has reached a 
coordination agreement with another satellite operator whose satellite 
is within 6[deg] of orbital separation from its satellite in cases where 
the off-axis EIRP density level of the proposed earth station operations 
will be less than or equal to the levels specified by the applicable 
off-axis EIRP envelope set forth in Sec. 25.218 of this chapter in the 
direction of the part of the geostationary orbit arc within 1[deg] of 
the nominal orbit location of the adjacent satellite.
    (e)-(f) [Reserved]
    (g) Applicants filing applications for earth stations pursuant to 
this section must provide the following information for the Commission's 
public notice:
    (1) Detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellites with which it plans to operate, or the 
eastern and western boundaries of the geostationary satellite orbit arc 
it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any rule or rules for which a waiver is 
requested.

[70 FR 32256, June 2, 2005, as amended at 72 FR 50030, Aug. 29, 2007; 73 
FR 70902, Nov. 24, 2008]

    Effective Date Note: At 74 FR 9962, Mar. 9, 2009, Sec. 25.220 
paragraphs (a) and (d), which contain information collection and 
recordkeeping requirements, became effective with approval by the Office 
of Management and Budget for a period of three years.

[[Page 270]]



Sec. 25.221  Blanket Licensing provisions for Earth Stations on Vessels 
(ESVs) receiving in the 3700-4200 MHz (space-to-Earth) frequency band and

transmitting 
          in the 5925-6425 MHz (Earth-to-space) frequency band, 
          operating with Geostationary Satellites in the Fixed-Satellite 
          Service.

    (a) All applications for licenses for ESVs transmitting in the 5925-
6425 MHz (Earth-to-space) bands to geostationary-orbit satellites in the 
fixed-satellite service shall provide sufficient data to demonstrate 
that the ESV operations meet the following criteria, which are ongoing 
requirements that govern all ESV licensees and operations in these 
bands:
    (1) The off-axis EIRP spectral density for co-polarized signals, 
emitted from the ESV, in the plane of the geostationary satellite orbit 
as it appears at the particular earth station location (i.e., the plane 
determined by the focal point of the antenna and the line tangent to the 
arc of the geostationary satellite orbit at the position of the target 
satellite), shall not exceed the following values:

26.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.0[deg] <= [thetas] <= 
    7.0[deg]
5.3 - 10log(N)dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
29.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 9.2[deg] < [thetas] <= 
    48[deg]
-12.7 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]


where [thetas] is the angle in degrees from the axis of the main lobe. 
For an ESV network using frequency division multiple access (FDMA) or 
time division multiple access (TDMA) technique, N is equal to one. For 
an ESV network using code division multiple access (CDMA) technique, N 
is the maximum number of co-frequency simultaneously transmitting earth 
stations in the same satellite receiving beam.
    (2) In all other directions, the off-axis EIRP spectral density for 
co-polarized signals emitted from the ESV shall not exceed the following 
values:

29.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.0[deg] <= [thetas] <= 
48[deg]
-12.7 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]


where [thetas] and N are defined as set forth in paragraph (a)(1) of 
this section.
    (3) For [thetas]  7[deg], the values given in paragraphs 
(a)(1) of this Section may be exceeded by no more than 10% of the earth 
station antenna sidelobes, provided no individual sidelobe exceeds the 
criteria given by more than 3 dB.
    (4) In all directions, the off-axis EIRP spectral density for cross-
polarized signals emitted from the ESV shall not exceed the following 
values:

16.3 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.8[deg] <= [thetas] <= 
7.0[deg]
-4.7 - 10log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]


where [thetas] and N are defined as set forth in paragraph (a)(1) of 
this section.
    (5) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the geostationary satellite orbital 
arc at the target satellite point, to the extent required to meet 
specified off-axis e.i.r.p. criteria.
    (6) A pointing error of less than 0.2[deg], between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna.
    (7) All emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg], and transmission will not resume until such angle is less than 
0.2[deg].
    (8) There shall be a point of contact in the United States, with 
phone number and address included with the application, available 24 
hours a day, seven days a week, with authority and ability to cease all 
emissions from the ESVs, either directly or through the facilities of a 
U.S. Hub or a Hub located in another country with which the U.S. has a 
bilateral agreement that enables such cessation of emissions.
    (9) ESVs that exceed the radiation guidelines of Section 1.1310 
Radiofrequency radiation exposure limits must provide, with their 
environmental assessment, a plan for mitigation of radiation exposure to 
the extent required to meet those guidelines.
    (10) ESV operators transmitting in the 5925-6425 MHz (Earth-to-
space) frequency bands to geostationary satellites in the fixed-
satellite service

[[Page 271]]

(FSS) shall not seek to coordinate, in any geographic location, more 
than 36 MHz of uplink bandwidth on each of no more than two GSO FSS 
satellites.
    (11) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (12) ESVs shall not operate in the 5925-6425 MHz (Earth-to-space) 
and 3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller 
than 300 gross tons.
    (b) Applications for ESV operation in the 5925-6425 MHz band to 
geostationary satellites in the fixed-satellite service must include, in 
addition to the particulars of operation identified on Form 312, and 
associated Schedule B, the following data, for each earth station 
antenna type:
    (1) A series of e.i.r.p. density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 6.0 GHz, with the off-axis e.i.r.p. envelope 
set forth in paragraphs (a)(1) through (a)(4) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized e.i.r.p. spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg].
    (ii) Showing off-axis co-polarized e.i.r.p. spectral density in the 
elevation plane, at off-axis angles from 0[deg] to plus 30[deg].
    (iii) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the azimuth plane, at off-axis angles from minus 10[deg] to plus 
10[deg].
    (iv) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the elevation plane, at off-axis angles from minus 10[deg] to plus 
10[deg]; or
    (2) A series of gain charts or tables, for a production earth 
station antenna, measured on a calibrated antenna range at 6.0 GHz, with 
the Earth station antenna gain envelope set forth in Sec. 25.209(a) and 
(b) superimposed, for the same planes and ranges enumerated in 
paragraphs (b)(1)(i) through (b)(1)(iv) of this section, that, combined 
with input power density entered in Schedule B, demonstrates that the 
off-axis e.i.r.p. spectral density envelope set forth in paragraphs 
(a)(1) through (a)(4) of this section will be met; or
    (3) A certification that the antenna conforms to the gain pattern 
criteria of Sec. 25.209(a) and (b), that, combined with input power 
density entered in Schedule B, demonstrates that the off-axis e.i.r.p. 
spectral density envelope set forth in paragraphs (a)(1) through (a)(4) 
of this section will be met.
    (c) ESVs receiving and transmitting in the 3700-4200 MHz (space-to-
Earth) and 5925-6425 MHz (Earth-to-space) frequency bands shall operate 
with the following provisions:
    (1) For each ESV transmitter, a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and satellite 
used shall be time annotated and maintained for a period of not less 
than 1 year. Records will be recorded at time intervals no greater than 
every 20 minutes while the ESV is transmitting. The ESV operator will 
make this data available upon request to a coordinator, fixed system 
operator, fixed-satellite system operator, or the Commission within 24 
hours of the request.
    (2) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.
    (3) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point of 
contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (4) ESVs, operating while docked, that complete coordination with 
terrestrial stations in the 3700-4200 MHz band in accordance with Sec. 
25.251, shall receive protection from such terrestrial stations in 
accordance with the coordination agreements, for 180 days, renewable for 
180 days.
    (d) ESVs in motion shall not claim protection from harmful 
interference from any authorized terrestrial stations or lawfully 
operating satellites to

[[Page 272]]

which frequencies are either already assigned, or may be assigned in the 
future in the 3700-4200 MHz (space-to-Earth) frequency band.
    (e) ESVs operating in the 5925-6425 MHz (Earth-to-space) band, 
within 200 km from the baseline of the United States, or within 200 km 
from a fixed service offshore installation, shall complete coordination 
prior to operation. The coordination method and the interference 
criteria objective shall be determined by the frequency coordinator. The 
details of the coordination shall be maintained and available at the 
frequency coordinator, and shall be filed with the Commission to be 
placed on Public Notice. Operation of each individual ESV may commence 
immediately after the Public Notice is released that identifies the 
notification sent to the Commission. Continuance of operation of that 
ESV for the duration of the coordination term shall be dependent upon 
successful completion of the normal public notice process. If any 
objections are received to the coordination prior to the end of the 30-
day comment period of the Public Notice, the licensee shall immediately 
cease operation of that particular station until the coordination 
dispute is resolved and the ESV licensee informs the Commission of the 
resolution.
    (f) ESV operators must automatically cease transmission if the ESV 
operates in violation of the terms of its coordination, including, but 
not limited to, conditions related to speed of the vessel or if the ESV 
travels outside the coordinated area, if within 200 km from the baseline 
of the United States, or within 200 km from a fixed service offshore 
installation. Transmissions may be controlled by the ESV network. The 
frequency coordinator may decide whether ESV operators should 
automatically cease transmissions if the vessel falls below a prescribed 
speed within a prescribed geographic area.

[70 FR 4784, Jan. 31, 2005, as amended at 70 FR 33377, June 8, 2005]

    Effective Date Note: At 74 FR 47102, Sept. 15, 2009, Sec. 25.221 
was revised, effective October 15, 2009, except for Sec. Sec. 
25.221(b)(1)(i) through (iii), (iv)(A), (B), (2)(i) through (v), and 
(4), which contain information collection requirements that are not 
effective until approved by the Office of Management and Budget. For the 
convenience of the user, the revised text is set forth as follows:






Sec. 25.221  Blanket Licensing provisions for Earth Stations on Vessels 
          (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) 
          frequency band and transmitting in the 5925-6425 MHz (Earth-
          to-space) frequency band, operating with Geostationary 
          Satellite Orbit (GSO) Satellites in the Fixed-Satellite 
          Service.

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz 
(Earth-to-space) bands transmitting to GSO satellites in the fixed-
satellite service. ESV licensees must comply with the requirements in 
either paragraph (a)(1) or (a)(2) of this section and all of the 
requirements set forth in paragraphs (a)(3) through (a)(12) of this 
section. Paragraph (b) of this section identifies items that must be 
included in the application for ESV operations to demonstrate that these 
ongoing requirements will be met.
    (1) The following requirements shall apply to an ESV that uses 
transmitters with off-axis effective isotropically radiated power (EIRP) 
spectral-densities lower than or equal to the levels in paragraph 
(a)(1)(i) of this section. An ESV, or ESV system, operating under this 
section shall provide a detailed demonstration as described in paragraph 
(b)(1) of this section. The ESV transmitter must also comply with the 
antenna pointing and cessation of emission requirements in paragraphs 
(a)(1)(ii) and (a)(1)(iii) of this section.
    (i) An ESV system shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(D) of this section.
    (A) The off-axis EIRP spectral-density emitted from the ESV, in the 
plane of the GSO as it appears at the particular earth station location, 
shall not exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
26.3 - 10log(N) - 25log[thetas]...  dBW/4 kHz............  for................  1.5[deg] <= [thetas] <= 7[deg]
5.3 -10log(N).....................  dBW/4 kHz............  for................  7[deg] < [thetas] <= 9.2[deg]
29.3 -10log(N) - 25log[thetas]....  dBW/4 kHz............  for................  9.2[deg] < [thetas] <= 48[deg]
-12.7 -10log(N)...................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


[[Page 273]]


Where theta ([thetas]) is the angle in degrees from the line connecting 
the focal point of the antenna to the orbital location of the target 
satellite, the plane of the GSO is determined by the focal point of the 
antenna and the line tangent to the arc of the GSO at the orbital 
location of the target satellite. For an ESV network using frequency 
division multiple access (FDMA) or time division multiple access (TDMA) 
techniques, N is equal to one. For ESV networks using multiple co-
frequency transmitters that have the same EIRP, N is the maximum 
expected number of co-frequency simultaneously transmitting ESV earth 
stations in the same satellite receiving beam. For the purpose of this 
section, the peak EIRP of an individual sidelobe may not exceed the 
envelope defined above for [thetas] between 1.5[deg] and 7.0[deg]. For 
[thetas] greater than 7.0[deg], the envelope may be exceeded by no more 
than 10% of the sidelobes, provided no individual sidelobe exceeds the 
envelope given above by more than 3 dB.
    (B) In all directions other than along the GSO, the off-axis EIRP 
spectral-density for co-polarized signals emitted from the ESV shall not 
exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3 - 10log(N) - 25log[thetas]...  dBW/4 kHz............  for................  3.0[deg] <= [thetas] <= 48[deg]
-12.7 - 10log(N)..................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thetas] and N are defined in paragraph (a)(1)(i)(A) of this 
section. This off-axis EIRP spectral-density applies in any plane that 
includes the line connecting the focal point of the antenna to the 
orbital location of the target satellite with the exception of the plane 
of the GSO as defined in paragraph (a)(1)(i)(A) of this section. For the 
purpose 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.
    (C) In all directions, the off-axis EIRP spectral-density for cross-
polarized signals emitted from the ESV shall not exceed the following 
values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
16.3 - 10log(N) - 25log[thetas]...  dBW/4 kHz............  for................  1.8[deg] <= [thetas] <= 7.0[deg]
-4.7 - 10log(N)...................  dBW/4 kHz............  for................  7.0[deg] < [thetas] <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------


Where [thetas] and N are defined as set forth in paragraph (a)(1)(i)(A) 
of this section. This EIRP spectral-density applies in any plane that 
includes the line connecting the focal point of the antenna to the 
orbital location of the target satellite.
    (D) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the arc of the GSO at the orbital 
location of the target satellite, to the extent required to meet the 
specified off-axis EIRP spectral-density criteria.
    (ii) Each ESV transmitter must meet one of the following antenna 
pointing requirements:
    (A) Each ESV transmitter shall maintain a pointing error of less 
than or equal to 0.2[deg] between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna, or
    (B) Each ESV transmitter shall maintain the declared maximum antenna 
pointing error that may be greater than 0.2[deg] provided that the ESV 
does not exceed the off-axis EIRP spectral-density limits in paragraph 
(a)(1)(i) of this section, taking into account the antenna pointing 
error.
    (iii) Each ESV transmitter must meet one of the following cessation 
of emission requirements:
    (A) For ESVs operating under paragraph (a)(1)(ii)(A) of this 
section, all emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg], and transmission will not resume until such angle is less than 
or equal to 0.2[deg], or
    (B) For ESV transmitters operating under paragraph (a)(1)(ii)(B) of 
this section, all emissions from the ESV shall automatically cease 
within 100 milliseconds if the angle between the orbital location of the 
target satellite and the axis of the main lobe of the ESV antenna 
exceeds the declared maximum antenna pointing error and shall not resume 
transmissions until such angle is less than or equal to the declared 
maximum antenna pointing error.
    (2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(1)(i) of this section. An ESV, or ESV system, operating under this 
section shall file certifications and provide a detailed demonstration 
as described in paragraph (b)(2) of this section.

[[Page 274]]

    (i) The ESV shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(2) of this 
section.
    (ii) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the ESV 
operator shall accept the power-density levels that would accommodate 
that adjacent satellite.
    (iii) The ESV shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESV supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. The ESV shall automatically cease emissions 
within 100 milliseconds if the ESV transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator.
    (3) There shall be a point of contact in the United States, with 
phone number and address, available 24 hours a day, seven days a week, 
with authority and ability to cease all emissions from the ESVs, either 
directly or through the facilities of a U.S. Hub or a Hub located in 
another country with which the United States has a bilateral agreement 
that enables such cessation of emissions.
    (4) For each ESV transmitter, a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and satellite 
used shall be time annotated and maintained for a period of not less 
than 1 year. Records will be recorded at time intervals no greater than 
every 20 minutes while the ESV is transmitting. The ESV operator will 
make this data available upon request to a coordinator, fixed system 
operator, fixed-satellite system operator, or the Commission within 24 
hours of the request.
    (5) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.
    (6) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point of 
contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (7) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space) 
frequency bands to GSO satellites in the fixed-satellite service (FSS) 
shall not seek to coordinate, in any geographic location, more than 36 
megahertz of uplink bandwidth on each of no more than two GSO FSS 
satellites.
    (8) ESVs shall not operate in the 5925-6425 MHz (Earth-to-space) and 
3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than 
300 gross tons.
    (9) ESVs, operating while docked, that complete coordination with 
terrestrial stations in the 3700-4200 MHz band in accordance with Sec. 
25.251, shall receive protection from such terrestrial stations in 
accordance with the coordination agreements, for 180 days, renewable for 
180 days.
    (10) ESVs in motion shall not claim protection from harmful 
interference from any authorized terrestrial stations or lawfully 
operating satellites to which frequencies are either already assigned, 
or may be assigned in the future in the 3700-4200 MHz (space-to-Earth) 
frequency band.
    (11) ESVs operating within 200 km from the baseline of the United 
States, or within 200 km from a U.S.-licensed fixed service offshore 
installation, shall complete coordination with potentially affected 
U.S.-licensed fixed service operators prior to operation. The 
coordination method and the interference criteria objective shall be 
determined by the frequency coordinator. The details of the coordination 
shall be maintained and available at the frequency coordinator, and 
shall be filed with the Commission to be placed on public notice. 
Operation of each individual ESV may commence immediately after the 
public notice is released that identifies the notification sent to the 
Commission. Continuance of operation of that ESV for the duration of the 
coordination term shall be dependent upon successful completion of the 
normal public notice process. If, prior to the end of the 30-day comment 
period of the public notice, any objections are received from U.S.-
licensed fixed service operators that have been excluded from 
coordination, the ESV licensee shall immediately cease operation of that 
particular station on frequencies used by the affected U.S.-licensed 
fixed service station until the coordination dispute is resolved and the 
ESV licensee informs the Commission of the resolution.
    (12) ESV operators must automatically cease transmission if the ESV 
operates in violation of the terms of its coordination agreement, 
including, but not limited to, conditions related to speed of the vessel 
or if the ESV travels outside the coordinated area, if within 200 km 
from the baseline of the United States, or within 200 km from a U.S.-
licensed fixed service offshore installation. Transmissions may be 
controlled by the ESV network. The frequency coordinator may decide 
whether ESV operators should automatically cease transmissions if the 
vessel falls below a prescribed speed within a prescribed geographic 
area.
    (b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service must

[[Page 275]]

include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1) or (b)(2) of this section and the documentation 
identified in paragraphs (b)(3) through (b)(5) of this section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) of 
this section or the certification described in paragraph (b)(1)(ii) of 
this section. The ESV applicant also must provide the value N described 
in paragraph (a)(1)(i)(A) of this section. An ESV applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(A) of this section 
must provide the certifications identified in paragraph (b)(1)(iii) of 
this section. An ESV applicant proposing to implement a transmitter 
under paragraph (a)(1)(ii)(B) of this section must provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i) Any ESV applicant filing an application pursuant to paragraph 
(a)(1) of this section must file three tables showing the off-axis EIRP 
level of the proposed earth station antenna in the direction of the 
plane of the GSO; the co-polarized EIRP in the elevation plane, that is, 
the plane perpendicular to the plane of the GSO; and cross polarized 
EIRP. In each table, the EIRP level must be provided at increments of 
0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at 
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
    (A) For purposes of the off-axis EIRP table in the plane of the GSO, 
the off-axis angle is the angle in degrees from the line connecting the 
focal point of the antenna to the orbital position of the target 
satellite, and the plane of the GSO is determined by the focal point of 
the antenna and the line tangent to the arc of the GSO at the orbital 
position of the target satellite.
    (B) For purposes of the off-axis co-polarized EIRP table in the 
elevation plane, the off-axis angle is the angle in degrees from the 
line connecting the focal point of the antenna to the orbital position 
of the target satellite, and the elevation plane is defined as the plane 
perpendicular to the plane of the GSO defined in paragraph (b)(1)(i)(A) 
of this section.
    (C) For purposes of the cross-polarized EIRP table, the off-axis 
angle is the angle in degrees from the line connecting the focal point 
of the antenna to the orbital position of the target satellite and the 
plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section 
will be used.
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec. 25.209(a) and (b), that, combined 
with the maximum input power density calculated from the EIRP density 
less the antenna gain, which is entered in Schedule B, demonstrates that 
the off-axis EIRP spectral density envelope set forth in paragraphs 
(a)(1)(i)(A) through (a)(1)(i)(C) of this section will be met under the 
assumption that the antenna is pointed at the target satellite.
    (iii) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section, must provide a certification 
from the equipment manufacturer stating that the antenna tracking system 
will maintain a pointing error of less than or equal to 0.2[deg] between 
the orbital location of the target satellite and the axis of the main 
lobe of the ESV antenna and that the antenna tracking system is capable 
of ceasing emissions within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESV antenna exceeds 0.5[deg].
    (iv) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must:
    (A) Declare, in its application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in paragraph 
(a)(1)(i) of this section; and
    (B) Demonstrate that the ESV transmitter can detect if the 
transmitter exceeds the declared maximum antenna pointing error and can 
cease transmission within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESV antenna exceeds the declared maximum antenna pointing error, 
and will not resume transmissions until the angle between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna is less than or equal to the declared maximum antenna 
pointing error.
    (2) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this section 
shall provide the following certifications and demonstration as exhibits 
to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the ESV has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power-density levels that the ESV applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).

[[Page 276]]

    (iii) A statement from the target satellite operator certifying that 
it will include the power-density levels of the ESV applicant in all 
future coordination agreements.
    (iv) A demonstration from the ESV operator that the ESV system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when the transmitter exceeds the off-axis EIRP spectral-
densities supplied to the target satellite operator.
    (v) A certification from the ESV operator that the ESV system 
complies with the power limits in Sec. 25.204(h).
    (3) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (4) The point of contact information referred to in paragraph (a)(3) 
of this section and, if applicable, paragraph (a)(6) of this section, 
must be included in the application.
    (5) ESVs that exceed the radiation guidelines of Sec. 1.1310 of 
this chapter, Radiofrequency radiation exposure limits, must provide, 
with their environmental assessment, a plan for mitigation of radiation 
exposure to the extent required to meet those guidelines.



Sec. 25.222  Blanket Licensing provisions for Earth Stations on Vessels 
(ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 

(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and 
          transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
          band, operating with Geostationary Satellites in the Fixed-
          Satellite Service.

    (a) All applications for licenses for ESVs receiving in the 10.95-
11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 
GHz (space-to-Earth) frequency bands, and transmitting in the 14.0-14.5 
GHz (Earth-to-space) frequency band, to Geostationary Satellites in the 
fixed-satellite service shall provide sufficient data to demonstrate 
that the ESV operations meet the following criteria, which are ongoing 
requirements that govern all ESV licensees and operations in these 
bands:
    (1) The off-axis EIRP spectral density for co-polarized signals, 
emitted from the ESV in the plane of the geostationary satellite orbit 
as it appears at the particular earth station location (i.e., the plane 
determined by the focal point of the antenna and the line tangent to the 
arc of the geostationary satellite orbit at the position of the target 
satellite), shall not exceed the following values:

15 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.25[deg] <= [thetas] <= 
    7.0[deg]
-6 - 10 log(N) dBW/4kHz for 7.0[deg] < [thetas] <= 9.2[deg]
18 - 25log([thetas]) - 10log(N) dBW/4kHz for 9.2[deg] < [thetas] <= 
    48[deg]
-24 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]


where [thetas] is the angle in degrees from the axis of the main lobe. 
For an ESV network using frequency division multiple access (FDMA) or 
time division multiple access (TDMA) technique, N is equal to one. For 
an ESV network using code division multiple access (CDMA) technique, N 
is the maximum number of co-frequency simultaneously transmitting earth 
stations in the same satellite receiving beam.
    (2) In all other directions, the off-axis EIRP spectral density for 
co-polarized signals emitted from the ESV shall not exceed the following 
values:

18 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.25[deg] <= [thetas] <= 
    48[deg]
-24 - 10log(N) dBW/4kHz for 48[deg] < [thetas] <= 180[deg]


where [thetas] and N are defined as set forth in paragraph (a)(1) of 
this section.
    (3) For [thetas]7[deg], the values given in paragraphs 
(a)(1) of this section may be exceeded by no more than 10% of the 
sidelobes, provided no individual sidelobe exceeds the criteria given by 
more than 3 dB.
    (4) In all directions, the off-axis EIRP spectral density for cross-
polarized signals emitted from the ESV shall not exceed the following 
values:

5 - 25log([thetas]) - 10log(N) dBW/4kHz for 1.8[deg] <= [thetas] <= 
    7[deg]
-16 - 10log(N) dBW/4kHz for 7[deg] <= [thetas] <= 9.2[deg]


where [thetas] and N are defined as set forth in paragraph (a)(1) of 
this section.
    (5) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the geostationary satellite orbital 
arc at the target satellite point, to the extent required to meet 
specified off-axis e.i.r.p. criteria.

[[Page 277]]

    (6) A pointing error of less than 0.2[deg], between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna.
    (7) All emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna exceeds 
0.5[deg], and transmission will not resume until such angle is less than 
0.2[deg].
    (8) There shall be a point of contact in the United States, with 
phone number and address included with the application, available 24 
hours a day, seven days a week, with authority and ability to cease all 
emissions from the ESVs, either directly or through the facilities of a 
U.S. Hub or a Hub located in another country with which the U.S. has a 
bilateral agreement that enables such cessation of emissions.
    (9) ESVs that exceed the radiation guidelines of Sec. 1.1310 of 
this chapter, Radiofrequency radiation exposure limits, must provide, 
with their environmental assessment, a plan for mitigation of radiation 
exposure to the extent required to meet those guidelines.
    (10) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) to geostationary satellites in the fixed-satellite service must 
include, in addition to the particulars of operation identified on Form 
312 and associated Schedule B, the following data for each earth station 
antenna type:
    (1) A series of e.i.r.p. density charts or tables, calculated for a 
production earth station antenna, based on measurements taken on a 
calibrated antenna range at 14.25 GHz, with the off-axis e.i.r.p. 
envelope set forth in paragraphs (a)(1) through (a)(4) of this section 
superimposed, as follows:
    (i) Showing off-axis co-polarized e.i.r.p. spectral density in the 
azimuth plane, for off-axis angles from minus 10[deg] to plus 10[deg] 
and from minus 180[deg] to plus 180[deg].
    (ii) Showing off-axis co-polarized e.i.r.p. spectral density in the 
elevation plane, at off-axis angles from 0[deg] to plus 30[deg].
    (iii) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the azimuth plane, at off-axis angles from minus 10[deg] to plus 
10[deg].
    (iv) Showing off-axis cross-polarized e.i.r.p. spectral density in 
the elevation plane, at off-axis angles from minus 10[deg] to plus 
10[deg]; or
    (2) A series of gain charts or tables, for a production earth 
station antenna, measured on a calibrated antenna range at 14.25 GHz, 
with the Earth station antenna gain envelope set forth in Sec. 
25.209(a) and (b) superimposed, for the same planes and ranges 
enumerated in paragraphs (b)(1)(i) through (b)(1)(iv) of this section, 
that, combined with input power density entered in Schedule B, 
demonstrates that off-axis e.i.r.p. spectral density envelope set forth 
in paragraphs (a)(1) through (a)(4) of this section will be met; or
    (3) A certification that the ESV antenna conforms to the gain 
pattern criteria of Sec. 25.209(a) and (b), that, combined with input 
power density entered in Schedule B, demonstrates that the off-axis 
e.i.r.p. spectral density envelope set forth in paragraphs (a)(1) 
through (a)(4) of this section will be met.
    (c) ESVs receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
bands, and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
band shall operate with the following provisions:
    (1) For each ESV transmitter a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and satellite 
used shall be time annotated and maintained for a period of not less 
than 1 year. Records will be recorded at time intervals no greater than 
every 20 minutes while the ESV is transmitting. The ESV operator will 
make this data available upon request to a coordinator, fixed system 
operator, fixed-satellite system operator, NTIA, or the Commission 
within 24 hours of the request.
    (2) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.

[[Page 278]]

    (3) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point of 
contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (d) Operations of ESVs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band within 125 km of the NASA TDRSS facilities on Guam 
(located at latitude: 13[deg] 36[min] 55[sec] N, longitude 144[deg] 
51[min] 22[sec] E) or White Sands, New Mexico (latitude: 32[deg] 20[min] 
59[sec] N, longitude 106[deg] 36[min] 31[sec] W and latitude: 32[deg] 
32[min] 40[sec] N, longitude 106[deg] 36[min] 48[sec] W) are subject to 
coordination through the National Telecommunications and Information 
Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC). 
When NTIA seeks to provide similar protection to future TDRSS sites that 
have been coordinated through the IRAC Frequency Assignment Subcommittee 
process, NTIA will notify the Commission that the site is nearing 
operational status. Upon public notice from the Commission, all Ku-band 
ESV operators must cease operations in the 14.0-14.2 GHz band within 125 
km of the new TDRSS site until after NTIA/IRAC coordination for the new 
TDRSS facility is complete. ESV operations will then again be permitted 
to operate in the 14.0-14.2 GHz band within 125 km of the new TDRSS 
site, subject to any operational constraints developed in the 
coordination process.
    (e) Operations of ESVs in the 14.47-14.5 GHz (Earth-to-space) 
frequency band within a) 45 km of the radio observatory on St. Croix, 
Virgin Islands (latitude 17[deg] 46[min] N, longitude 64[deg] 35[min] 
W); b) 125 km of the radio observatory on Mauna Kea, Hawaii (at latitude 
19[deg] 48[min] N, longitude 155[deg] 28[min] W); and c) 90 km of the 
Arecibo Observatory on Puerto Rico (latitude 18[deg] 20[min] 46[sec] W, 
longitude 66[deg] 45[min] 11[sec] N) are subject to coordination through 
the National Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC).
    (f) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands ESVs shall not claim protection from 
interference from any authorized terrestrial stations to which 
frequencies are either already assigned, or may be assigned in the 
future.

[70 FR 4786, Jan. 31, 2005, as amended at 70 FR 33377, June 8, 2005]

    Effective Date Note: At 74 FR 47105, Sept. 15, 2009, Sec. 25.222 
was revised, effective October 15, 2009, except for 25.222(b)(1)(i) 
through (iii), (iv)(A), (B), (2)(i) through (v), and (4), which contain 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. For the convenience of 
the user, the revised text is set forth as follows:






Sec. 25.222  Blanket Licensing provisions for Earth Stations on Vessels 
          (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 
          11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-
          Earth) frequency bands and transmitting in the 14.0-14.5 GHz 
          (Earth-to-space) frequency band, operating with Geostationary 
          Orbit (GSO) Satellites in the Fixed-Satellite Service.

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and 
14.0-14.5 GHz (Earth-to-space) bands transmitting to GSO satellites in 
the fixed-satellite service. ESV licensees must comply with the 
requirements in either paragraph (a)(1) or (a)(2) of this section and 
all of the requirements set forth in paragraphs (a)(3) through (a)(7) of 
this section. Paragraph (b) of this section identifies items that must 
be included in the application for ESV operations to demonstrate that 
these ongoing requirements will be met.
    (1) The following requirements shall apply to an ESV that uses 
transmitters with off-axis effective isotropically radiated power (EIRP) 
spectral-densities lower than or equal to the levels in paragraph 
(a)(1)(i)(A) of this section. An ESV, or ESV system, operating under 
this section shall provide a detailed demonstration as described in 
paragraph (b)(1) of this section. The ESV transmitter also must comply 
with the antenna pointing and cessation of emission requirements in 
paragraphs (a)(1)(ii) and (a)(1)(iii) of this section.
    (i) An ESV system shall not exceed the off-axis EIRP spectral-
density limits and conditions defined in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(D) of this section.
    (A) The off-axis EIRP spectral-density emitted from the ESV, in the 
plane of the

[[Page 279]]

GSO as it appears at the particular earth station location, shall not 
exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-10log(N)-25log[thetas].........  dBW/4 kHz............  for................  1.5[deg] <= [thetas] <= 7[deg]
-6 -10log(N)......................  dBW/4 kHz............  for................  7[deg] < [thetas] <= 9.2[deg]
18 -10log(N)-25log[thetas]........  dBW/4 kHz............  for................  9.2[deg] < [thetas] <= 48[deg]
-24 -10log(N).....................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 85[deg]
-14 -10log(N).....................  dBW/4 kHz............  for................  85[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

    Where theta ([thetas]) is the angle in degrees from the line 
connecting the focal point of the antenna to the orbital location of the 
target satellite, the plane of the GSO is determined by the focal point 
of the antenna and the line tangent to the arc of the GSO at the orbital 
location of the target satellite. For ESV networks using frequency 
division multiple access (FDMA) or time division multiple access (TDMA) 
techniques, N is equal to one. For ESV networks using multiple co-
frequency transmitters that have the same EIRP, N is the maximum 
expected number of co-frequency simultaneously transmitting ESV earth 
stations in the same satellite receiving beam. For the purpose of this 
section, the peak EIRP of an individual sidelobe may not exceed the 
envelope defined above for [thetas] between 1.5[deg] and 7.0[deg]. For 
[thetas] greater than 7.0[deg], the envelope may be exceeded by no more 
than 10% of the sidelobes, provided no individual sidelobe exceeds the 
envelope given above by more than 3 dB.
    (B) In all directions other than along the GSO, the off-axis EIRP 
spectral-density for co-polarized signals emitted from the ESV shall not 
exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-10log(N)-25log[thetas].........  dBW/4 kHz............  for................  3.0[deg] <= [thetas] <= 48[deg]
-24-10log(N)......................  dBW/4 kHz............  for................  48[deg] < [thetas] <= 85[deg]
-14-10log(N)......................  dBW/4 kHz............  for................  85[deg] < [thetas] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

    Where [thetas] and N are defined in paragraph (a)(1)(i)(A) of this 
section. This off-axis EIRP spectral-density applies in any plane that 
includes the line connecting the focal point of the antenna to the 
orbital location of the target satellite with the exception of the plane 
of the GSO as defined in paragraph (a)(1)(i)(A) of this section. For the 
purpose 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.
    (C) In all directions, the off-axis EIRP spectral-density for cross-
polarized signals emitted from the ESV shall not exceed the following 
values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-10log(N)-25log[thetas]..........  dBW/4 kHz............  for................  1.8[deg] <= [thetas] <= 7.0[deg]
-16-10log(N)......................  dBW/4 kHz............  for................  7.0[deg] < [thetas] <= 9.2[deg]
----------------------------------------------------------------------------------------------------------------

    Where [thetas] and N are defined as set forth in paragraph 
(a)(1)(i)(A) of this section. This EIRP spectral-density applies in any 
plane that includes the line connecting the focal point of the antenna 
to the target satellite.
    (D) For non-circular ESV antennas, the major axis of the antenna 
will be aligned with the tangent to the arc of the GSO at the orbital 
location of the target satellite, to the extent required to meet the 
specified off-axis EIRP spectral-density criteria.
    (ii) Each ESV transmitter must meet one of the following antenna 
pointing requirements:
    (A) Each ESV transmitter shall maintain a pointing error of less 
than or equal to 0.2[deg] between the orbital location of the target 
satellite and the axis of the main lobe of the ESV antenna, or
    (B) Each ESV transmitter shall declare a maximum antenna pointing 
error that may be greater than 0.2[deg] provided that the ESV does not 
exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i) 
of this section, taking into account the antenna pointing error.
    (iii) Each ESV transmitter must meet one of the following cessation 
of emission requirements:
    (A) For ESVs operating under paragraph (a)(1)(ii)(A) of this 
section, all emissions from the ESV shall automatically cease within 100 
milliseconds if the angle between the orbital location of the target 
satellite

[[Page 280]]

and the axis of the main lobe of the ESV antenna exceeds 0.5[deg], and 
transmission will not resume until such angle is less than or equal to 
0.2[deg], or
    (B) For ESV transmitters operating under paragraph (a)(1)(ii)(B) of 
this section, all emissions from the ESV shall automatically cease 
within 100 milliseconds if the angle between the orbital location of the 
target satellite and the axis of the main lobe of the ESV antenna 
exceeds the declared maximum antenna pointing error and shall not resume 
transmissions until such angle is less than or equal to the declared 
maximum antenna pointing error.
    (2) The following requirements shall apply to an ESV that uses off-
axis EIRP spectral-densities in excess of the levels in paragraph 
(a)(1)(i) of this section. An ESV, or ESV system, operating under this 
section shall file certifications and provide a detailed demonstration 
as described in paragraph (b)(2) of this section.
    (i) The ESV shall transmit only to the target satellite system(s) 
referred to in the certifications required by paragraph (b)(2) of this 
section.
    (ii) If a good faith agreement cannot be reached between the target 
satellite operator and the operator of a future satellite that is 
located within 6 degrees longitude of the target satellite, the ESV 
operator shall accept the power-density levels that would accommodate 
that adjacent satellite.
    (iii) The ESV shall operate in accordance with the off-axis EIRP 
spectral-densities that the ESV supplied to the target satellite 
operator in order to obtain the certifications listed in paragraph 
(b)(2) of this section. The ESV shall automatically cease emissions 
within 100 milliseconds if the ESV transmitter exceeds the off-axis EIRP 
spectral-densities supplied to the target satellite operator.
    (3) There shall be a point of contact in the United States, with 
phone number and address, available 24 hours a day, seven days a week, 
with authority and ability to cease all emissions from the ESVs, either 
directly or through the facilities of a U.S. Hub or a Hub located in 
another country with which the United States has a bilateral agreement 
that enables such cessation of emissions.
    (4) For each ESV transmitter, a record of the ship location (i.e., 
latitude/longitude), transmit frequency, channel bandwidth and satellite 
used shall be time annotated and maintained for a period of not less 
than 1 year. Records will be recorded at time intervals no greater than 
every 20 minutes while the ESV is transmitting. The ESV operator will 
make this data available upon request to a coordinator, fixed system 
operator, fixed-satellite system operator, NTIA, or the Commission 
within 24 hours of the request.
    (5) ESV operators communicating with vessels of foreign registry 
must maintain detailed information on each vessel's country of registry 
and a point of contact for the relevant administration responsible for 
licensing ESVs.
    (6) ESV operators shall control all ESVs by a Hub earth station 
located in the United States, except that an ESV on U.S.-registered 
vessels may operate under control of a Hub earth station location 
outside the United States provided the ESV operator maintains a point of 
contact within the United States that will have the capability and 
authority to cause an ESV on a U.S.-registered vessel to cease 
transmitting if necessary.
    (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz 
(space-to-Earth) frequency bands ESVs shall not claim protection from 
interference from any authorized terrestrial stations to which 
frequencies are either already assigned, or may be assigned in the 
future.
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the fixed-satellite service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1) or (b)(2) of this section and the documentation 
identified in paragraphs (b)(3) through (b)(5) of this section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must demonstrate that the transmitter 
meets the off-axis EIRP spectral-density limits contained in paragraph 
(a)(1)(i) of this section. To provide this demonstration, the 
application shall include the tables described in paragraph (b)(1)(i) of 
this section or the certification described in paragraph (b)(1)(ii) of 
this section. The ESV applicant also must provide the value N described 
in paragraph (a)(1)(i)(A) of this section. An ESV applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(A) of this section 
must provide the certifications identified in paragraph (b)(1)(iii) of 
this section. An ESV applicant proposing to implement a transmitter 
under paragraph (a)(1)(ii)(B) of this section must provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i) Any ESV applicant filing an application pursuant to paragraph 
(a)(1) of this section must file three tables showing the off-axis EIRP 
level of the proposed earth station antenna in the direction of the 
plane of the GSO; the co-polarized EIRP in the elevation plane, that is, 
the plane perpendicular to the plane of the GSO; and cross polarized 
EIRP. In each table, the EIRP level must be provided at increments of 
0.1[deg] for angles between 0[deg] and 10[deg] off-axis, and at 
increments of 5[deg] for angles between 10[deg] and 180[deg] off-axis.
    (A) For purposes of the off-axis EIRP table in the plane of the GSO, 
the off-axis angle is

[[Page 281]]

the angle in degrees from the line connecting the focal point of the 
antenna to the orbital location of the target satellite, and the plane 
of the GSO is determined by the focal point of the antenna and the line 
tangent to the arc of the GSO at the orbital position of the target 
satellite.
    (B) For purposes of the off-axis co-polarized EIRP table in the 
elevation plane, the off-axis angle is the angle in degrees from the 
line connecting the focal point of the antenna to the orbital location 
of the target satellite, and the elevation plane is defined as the plane 
perpendicular to the plane of the GSO defined in paragraph (b)(1)(i)(A) 
of this section.
    (C) For purposes of the cross-polarized EIRP table, the off-axis 
angle is the angle in degrees from the line connecting the focal point 
of the antenna to the orbital location of the target satellite and the 
plane of the GSO as defined in paragraph (b)(1)(i)(A) of this section 
will be used.
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec. 25.209(a) and (b), that, combined 
with the maximum input power density calculated from the EIRP density 
less the antenna gain, which is entered in Schedule B, demonstrates that 
the off-axis EIRP spectral density envelope set forth in paragraphs 
(a)(1)(i)(A) through (a)(1)(i)(C) of this section will be met under the 
assumption that the antenna is pointed at the target satellite.
    (iii) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(A) of this section, must provide a certification 
from the equipment manufacturer stating that the antenna tracking system 
will maintain a pointing error of less than or equal to 0.2 between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESV antenna and that the antenna tracking system is capable of 
ceasing emissions within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESV antenna exceeds 0.5[deg].
    (iv) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must:
    (A) Declare, in their application, a maximum antenna pointing error 
and demonstrate that the maximum antenna pointing error can be achieved 
without exceeding the off-axis EIRP spectral-density limits in paragraph 
(a)(1)(A) of this section; and
    (B) Demonstrate that the ESV transmitter can detect if the 
transmitter exceeds the declared maximum antenna pointing error and can 
cease transmission within 100 milliseconds if the angle between the 
orbital location of the target satellite and the axis of the main lobe 
of the ESV antenna exceeds the declared maximum antenna pointing error, 
and will not resume transmissions until the angle between the orbital 
location of the target satellite and the axis of the main lobe of the 
ESV antenna is less than or equal to the declared maximum antenna 
pointing error.
    (2) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(2) of this section and using off-axis EIRP spectral-
densities in excess of the levels in paragraph (a)(1)(i) of this section 
shall provide the following certifications and demonstration as exhibits 
to its earth station application:
    (i) A statement from the target satellite operator certifying that 
the proposed operation of the ESV has the potential to create harmful 
interference to satellite networks adjacent to the target satellite(s) 
that may be unacceptable.
    (ii) A statement from the target satellite operator certifying that 
the power-density levels that the ESV applicant provided to the target 
satellite operator are consistent with the existing coordination 
agreements between its satellite(s) and the adjacent satellite systems 
within 6[deg] of orbital separation from its satellite(s).
    (iii) A statement from the target satellite operator certifying that 
it will include the power-density levels of the ESV applicant in all 
future coordination agreements.
    (iv) A demonstration from the ESV operator that the ESV system is 
capable of detecting and automatically ceasing emissions within 100 
milliseconds when the transmitter exceeds the off-axis EIRP spectral-
densities supplied to the target satellite operator.
    (3) There shall be an exhibit included with the application 
describing the geographic area(s) in which the ESVs will operate.
    (4) The point of contact referred to in paragraph (a)(3) of this 
section and, if applicable paragraph (a)(6) of this section, must be 
included in the application.
    (5) ESVs that exceed the radiation guidelines of Sec. 1.1310 of 
this chapter, Radiofrequency radiation exposure limits, must provide, 
with their environmental assessment, a plan for mitigation of radiation 
exposure to the extent required to meet those guidelines.
    (c) Operations of ESVs in the 14.0-14.2 GHz (Earth-to-space) 
frequency band within 125 km of the NASA TDRSS facilities on Guam 
(located at latitude: 13[deg]36[min]55[sec] N, longitude 
144[deg]51[min]22[sec] E) or White Sands, New Mexico (latitude: 
32[deg]20[min]59[sec] N, longitude 106[deg]36[min]31[sec] W and 
latitude: 32[deg]32[min]40[sec] N, longitude 106[deg]36[min]48[sec] W) 
are subject to coordination through the National Telecommunications and 
Information Administration (NTIA) Interdepartment Radio Advisory 
Committee (IRAC). When NTIA seeks to provide similar protection to 
future TDRSS sites that have been coordinated through the IRAC Frequency 
Assignment Subcommittee process, NTIA will notify the Commission that 
the site is nearing operational status. Upon public notice from the 
Commission, all Ku-band ESV operators

[[Page 282]]

must cease operations in the 14.0-14.2 GHz band within 125 km of the new 
TDRSS site until after NTIA/IRAC coordination for the new TDRSS facility 
is complete. ESV operations will then again be permitted to operate in 
the 14.0-14.2 GHz band within 125 km of the new TDRSS site, subject to 
any operational constraints developed in the coordination process.
    (d) Operations of ESVs in the 14.47-14.5 GHz (Earth-to-space) 
frequency band within (a) 45 km of the radio observatory on St. Croix, 
Virgin Islands (latitude 17[deg]46[min] N, longitude 64[deg]35[min] W); 
(b) 125 km of the radio observatory on Mauna Kea, Hawaii (at latitude 
19[deg]48[min] N, longitude 155[deg]28[min] W); and (c) 90 km of the 
Arecibo Observatory on Puerto Rico (latitude 18[deg]20[min]46[sec] W, 
longitude 66[deg]45[min]11[sec] N) are subject to coordination through 
the National Telecommunications and Information Administration (NTIA) 
Interdepartment Radio Advisory Committee (IRAC).



Sec. 25.223  Off-axis EIRP spectral density limits for feeder link
earth stations in the 17/24 GHz BSS.

    (a) This section applies to all applications for earth station 
licenses in the 17/24 GHz BSS frequency bands, except for applications 
in which the proposed antenna does not conform to the standards of 
Sec. Sec. 25.209(a) and (b), and/or the proposed power density levels 
are in excess of those specified in Sec. 25.212(f) of this part.
    (b) All applications for earth station licenses in the 24.75-25.25 
GHz portion of 17/24 GHz BSS shall be routinely processed if they meet 
the following requirements:
    (1) 17/24 GHz BSS 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:

32.5-25log([thetas])........  dBW/MHz.............  for 2[deg] <=
                                                     [thetas] <= 7[deg]
11.4........................  dBW/MHz.............  for 7[deg] <=
                                                     [thetas] <=
                                                     9.2[deg]
35.5-25log([thetas])........  dBW/MHz.............  for 9.2[deg] <=
                                                     [thetas] <= 48[deg]
3.5.........................  dBW/MHz.............  for 48[deg] <=
                                                     [thetas] <=
                                                     180[deg]
 

    Where [thetas] is the angle in degrees from the axis of the main 
lobe.

    (2) 17/24 GHz BSS 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:

35.5-25log([thetas])........  dBW/MHz.............  for 2[deg] <=
                                                     [thetas] <= 7[deg]
14.4........................  dBW/MHz.............  for 7[deg] <=
                                                     [thetas] <=
                                                     9.2[deg]
38.5-25log([thetas])........  dBW/MHz.............  for 9.2[deg] <=
                                                     [thetas] <= 48[deg]
6.5.........................  dBW/MHz.............  for 48[deg] <=
                                                     [thetas] <=
                                                     180[deg]
 

    Where [thetas] is the angle in degrees from the axis of the main 
lobe.

    (3) The values given in paragraphs (b) (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) 17/24 GHz BSS earth station antenna off-axis EIRP spectral 
density for cross-polarized signals shall not exceed the following 
values, in all directions greater than +3 relative to the GSO arc, under 
clear sky conditions:

22.5-25log([thetas])........  dBW/MHz.............  for 2[deg] <=
                                                     [thetas] <= 7[deg]
1.4.........................  dBW/MHz.............  for 7[deg] <=
                                                     [thetas] <=
                                                     9.2[deg]
 

    Where is the angle in degrees from the axis of the main lobe.

    (c) Notwithstanding Sec. 25.220 of this part, each applicant for 
earth station license(s) that proposes levels in excess of those defined 
in paragraph (b) of this section shall:

[[Page 283]]

    (1) 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;
    (2) 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;
    (3) Certify that all potentially affected parties acknowledge and do 
not object to the use of the applicant's higher power densities. For 
proposed power levels less than or equal to 3 dB in excess of the limits 
defined above, the affected parties shall be those co-frequency U.S. 
licensed 17/24 GHz BSS satellite networks that are located at angular 
separations of up to 6[deg] away; for power levels 
greater than 3 dB and less than or equal to 6 dB in excess of the limits 
defined above, affected parties shall be all those co-frequency U.S. 
licensed operators at up to 10[deg] away. No power 
levels greater than 6 dB in excess of the limits defined above shall be 
permitted.
    (d) Licensees authorized pursuant to paragraph (c) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant operations at 10 degrees or smaller 
orbital spacing, as defined by paragraph (b) 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 EIRP spectral 
density levels to be compliant with those specified in paragraph (b) of 
this section.
    (e) For earth stations employing uplink power control, the values in 
paragraphs (b) (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.

[72 FR 50030, Aug. 29, 2007]



Sec. 25.224  Protection of receive-only earth stations in the 17/24 GHz BSS.

    (a) Notwithstanding Sec. 25.209(c) of this part, receive-only earth 
stations operating in the 17/24 GHz broadcasting-satellite service can 
claim no greater protection from interference than they would receive if 
the equivalent antenna diameter were equal to or greater than 45 cm and 
the antenna meets the co-polar and cross-polar performance patterns 
represented by the following set of formulas (adopted in Recommendation 
ITU-R BO.1213-1, dated November 2005) that are valid for D/[lgr] 
= 11:

[[Page 284]]

[GRAPHIC] [TIFF OMITTED] TR29AU07.121

    (b) Paragraph (a) of this section does not apply to 17/24 GHz BSS 
telemetry earth stations. Those earth stations are subject to the 
antenna performance standards of Sec. 25.209(a) and (b) of this part.

[72 FR 50031, Aug. 29, 2007]

[[Page 285]]



Sec. 25.225  Geographic Service Requirements for 17/24 GHz Broadcasting
Satellite Service.

    (a) Each operator of a 17/24 GHz BSS space station that is used to 
provide video programming directly to consumers in the 48 contiguous 
United States (CONUS) must provide comparable service to Alaska and 
Hawaii, unless such service is not technically feasible or not 
economically reasonable from the authorized orbital location.
    (b) Each operator of a 17/24 GHz BSS space station subject to 
paragraph (a) of this section must design and configure its space 
station to be capable of providing service to Alaska and Hawaii, that is 
comparable to the service that such satellites will provide to CONUS 
subscribers, from any orbital location capable of providing service to 
either Alaska or Hawaii to which it may be located or relocated in the 
future.
    (c) If an operator of a 17/24 GHz BSS space station that is used to 
provide video programming directly to consumers in the United States 
relocates or replaces a 17/24 GHz BSS space station at a location from 
which service to Alaska and Hawaii had been provided by another 17/24 
GHz BSS space station, the operator must use a space station capable of 
providing at least the same level of service to Alaska and Hawaii as 
previously provided from that location.

[72 FR 50033, Aug. 29, 2007]



Sec. Sec. 25.226-25.249  [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 station antennas 
shall have an overhead gain suppression according to the following.

[[Page 286]]

    (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) Generate EIRP density, averaged over any two millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz 
band. The EIRP, measured over any two millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations, shall not exceed -80 dBW in the 1559-
1610 MHz band. A root-mean-square detector function with a resolution 
bandwidth of one megahertz or equivalent and no less video bandwidth 
shall be used to measure wideband EIRP density for purposes of this 
rule, and narrowband EIRP shall be measured with a root-mean-square 
detector function with a resolution bandwidth of one kilohertz or 
equivalent.
    (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 generate EIRP density, averaged over any two-millisecond 
active transmission interval, greater than -70 dBW/MHz in the 1559-1610 
MHz band. The EIRP, measured over any two-millisecond active 
transmission interval, of discrete out-of-band emissions of less than 
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in 
the 1559-1610 MHz band. The EIRP density of carrier-off-state emissions 
from such mobile terminals shall not exceed -80 dBW/MHz in the 1559-1610 
MHz band, averaged over a two-millisecond interval. A root-mean-square 
detector function with a resolution bandwidth of one megahertz or 
equivalent and no less video bandwidth shall be used to measure wideband 
EIRP density for purposes of this rule, and narrowband EIRP shall be 
measured with a root-mean-square detector function with a resolution 
bandwidth of one kilohertz or equivalent.
    (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.


[[Page 287]]


    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 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, as amended at 70 FR 19318, Apr. 13, 2005]



Sec. 25.253  Special requirements for ancillary terrestrial components
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.

    (a) An ancillary terrestrial component in these bands shall:
    (1) In any band segment coordinated for the exclusive use of an MSS 
applicant within the land area of the U.S., where there is no other L-
Band MSS satellite making use of that band segment within the visible 
portion of the geostationary arc as seen from the ATC coverage area, the 
ATC system will be limited by the in-band and out-of-band emission 
limitations contained in this section and the requirement to maintain a 
substantial MSS service.
    (2) In any band segment that is coordinated for the shared use of 
the applicant's MSS system and another MSS operator, where the 
coordination agreement existed prior to February 10, 2005 and permits a 
level of interference to the other MSS system of less than 6% [Delta]T/
T, the applicant's combined ATC and MSS operations shall increase the 
system noise level of the other MSS to no more then 6% [Delta]T/T. Any 
future coordination agreement between the parties governing ATC 
operation will supersede this paragraph.
    (3) In any band segment that is coordinated for the shared use of 
the applicant's MSS system and another MSS operator, where a 
coordination agreement existed prior to February 10, 2005 and permits a 
level of interference to the other MSS system of 6% [Delta]T/T or 
greater, the applicant's ATC operations may increase the system noise 
level of the other MSS system by no more than an additional 1% [Delta]T/
T. Any future coordination agreement between the parties governing ATC 
operations will supersede this paragraph.
    (4) In a band segment in which the applicant has no rights under a 
coordination agreement, the applicant may not implement ATC in that 
band.
    (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) An applicant for an ancillary terrestrial component in these 
bands shall:
    (1) 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).
    (2) 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.
    (3) Provide, at the time of application, calculations that 
demonstrate the ATC system conforms to the [Delta]T/T requirements in 
paragraphs (a)(2) and (a)(3) of this section, if a coordination 
agreement that incorporates the ATC operations does not exist with other 
MSS operators.
    (d) Applicants for an ancillary terrestrial component in these bands 
must demonstrate that ATC base stations shall not:
    (1) Exceed a peak EIRP of 31.9-10*log (number of carriers) dBW/
200kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-
1559 MHz frequency bands;
    (2) Exceed an EIRP in any direction toward the physical horizon (not 
to include man-made structures) of 26.9-10*log (number of carriers) dBW/
200 kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-
1559 MHz frequency bands;
    (3) Exceed a peak EIRP of 23.9 -10*log(number of carriers) dBW/200

[[Page 288]]

kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency 
band;
    (4) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 18.9-10*log(number of carriers) dBW/200 kHz, per 
sector, for each carrier in the 1541.5-1547.5 MHz frequency band;
    (5) Exceed a total power flux density level of -56.8 dBW/m\2\/200 
kHz at the edge of all airport runways and aircraft stand areas, 
including takeoff and landing paths from all carriers operating in the 
1525-1559 MHz frequency bands. The total power flux density here is the 
sum of all power flux density values associated with all carriers in a 
sector in the 1525-1559 MHz frequency band, expressed in dB(Watts/m\2\/
200 kHz). Free-space loss must be assumed if this requirement is 
demonstrated via calculation;
    (6) Exceed a total power flux density level of -56.6 dBW/ m\2\/200 
kHz at the water's edge of any navigable waterway from all carriers 
operating in the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands. 
The total power flux density here is the sum of all power flux density 
values associated with all carriers in a sector in the 1525-1541.5 MHz 
and 1547.5-1559 MHz frequency bands, expressed in dB(Watts/m\2\/200 
kHz). Free-space loss must be assumed if this requirement is 
demonstrated via calculation;
    (7) Exceed a total power flux density level of -64.6 dBW/ m\2\/200 
kHz at the water's edge of any navigable waterway from all carriers 
operating in the 1541.5-1547.5 MHz frequency band. The total power flux 
density here is the sum of all power flux density values associated with 
all carriers in a sector in the 1541.5-1547.5 MHz frequency band, 
expressed in dB(Watts/m\2\/200 kHz). Free-space loss must be assumed if 
this requirement is demonstrated via calculation;
    (8) Exceed a peak antenna gain of 16 dBi;
    (9) Generate EIRP density, averaged over any two-millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1605 MHz 
band or greater than a level determined by linear interpolation in the 
1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 1610 
MHz. The EIRP, averaged over any two-millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1605 MHz band or exceed a level determined by linear interpolation in 
the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -56 dBW at 1610 MHz. 
A root-mean-square detector function with a resolution bandwidth of one 
megahertz or equivalent and no less video bandwidth shall be used to 
measure wideband EIRP density for purposes of this rule, and narrowband 
EIRP shall be measured with a root-mean-square detector function with a 
resolution bandwidth of one kilohertz or equivalent.
    (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 discrimination pattern (dB)
        antenna (degrees)
------------------------------------------------------------------------
0................................  Gmax
5................................  Not to Exceed Gmax -5
10...............................  Not to Exceed Gmax -19
15 to 55.........................  Not to Exceed Gmax -27
55 to 145........................  Not to Exceed Gmax -30
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

[[Page 289]]

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 Mobile Aeronautical Telemetry (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.
    (g) ATC mobile terminals shall:
    (1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel 
emissions of -67 dBW/4 kHz at the edge of an MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (2) Be operated in a fashion that takes all practicable steps to 
avoid causing interference to U.S. radio astronomy service (RAS) 
observations in the 1660-1660.5 MHz band.
    (3) Not generate EIRP density, averaged over any two-millisecond 
active transmission interval, greater than -70 dBW/MHz in the 1559-1605 
MHz band or greater than a level determined by linear interpolation in 
the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to -46 dBW/MHz at 
1610 MHz. The EIRP, averaged over any two-millisecond active 
transmission interval, of discrete out-of-band emissions of less than 
700 Hz bandwidth from such mobile terminals shall not exceed -80 dBW in 
the 1559-1605 MHz band or exceed a level determined by linear 
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -56 
dBW at 1610 MHz. The EIRP density of carrier-off-state emissions from 
such mobile terminals shall not exceed -80 dBW/MHz in the 1559-1610 MHz 
band, averaged over a two-millisecond interval. A root-mean-square 
detector function with a resolution bandwidth of one megahertz or 
equivalent and no less video bandwidth shall be used to measure wideband 
EIRP density for purposes of this rule, and narrowband EIRP shall be 
measured with a root-mean-square detector function with a resolution 
bandwidth of one kilohertz or equivalent.
    (h) When implementing multiple base stations and/or base stations 
using multiple carriers, where any third-order intermodulation product 
of these base stations falls on an L-band MSS band coordinated for use 
by another MSS operator with rights to the coordinated band, the MSS ATC 
licensee must notify the MSS operator. The MSS operator may request 
coordination to modify the base station carrier frequencies, or to 
reduce the maximum base station EIRP on the frequencies contributing to 
the third-order intermodulation products. The threshold for this 
notification and coordination is when the sum of the calculated signal 
levels received by an MSS receiver exceeds -70 dBm. The MSS receiver 
used in these calculations can be assumed to have an antenna with 0 dBi 
gain. Free-space propagation between the base station antennas and the 
MSS terminals can be assumed and actual signal polarizations for the ATC 
signals and the MSS system may be used.

[70 FR 19319, Apr. 13, 2005]



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

[[Page 290]]

MHz band through frequency coordination; and
    (4) Base stations operating in frequencies above 2483.5 MHz shall 
not generate EIRP density, averaged over any two-millisecond active 
transmission interval, greater than -70 dBW/MHz in the 1559-1610 MHz 
band. The EIRP, averaged over any two-millisecond active transmission 
interval, of discrete out-of-band emissions of less than 700 Hz 
bandwidth from such base stations shall not exceed -80 dBW in the 1559-
1610 MHz band. A root-mean-square detector function with a resolution 
bandwidth of one megahertz or equivalent and no less video bandwidth 
shall be used to measure wideband EIRP density for purposes of this 
rule, and narrowband EIRP shall be measured with a root-mean-square 
detector function with a resolution bandwidth of one kilohertz or 
equivalent.
    (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) ATC mobile terminals operating in assigned frequencies in the 
1610-1626.5 MHz band shall not generate EIRP density, averaged over any 
two-millisecond active transmission interval, greater than -70 dBW/MHz 
in the 1559-1605 MHz band or greater than a level determined by linear 
interpolation in the 1605-1610 MHz band, from -70 dBW/MHz at 1605 MHz to 
-10 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond 
active transmission interval, of discrete out-of-band emissions of less 
than 700 Hz bandwidth from such mobile terminals shall not exceed -80 
dBW in the 1559-1605 MHz band or exceed a level determined by linear 
interpolation in the 1605-1610 MHz band, from -80 dBW at 1605 MHz to -20 
dBW at 1610 MHz. The EIRP density of carrier-off-state emissions from 
such mobile terminals shall not exceed -80 dBW/MHz in the 1559-1610 MHz 
band, averaged over a two-millisecond interval. A root-mean-square 
detector function with a resolution bandwidth of one megahertz or 
equivalent and no less video bandwidth shall be used to measure wideband 
EIRP density for purposes of this rule, and narrowband EIRP shall be 
measured with a root-mean-square detector function with a resolution 
bandwidth of one kilohertz or equivalent.
    (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.
    (d) To avoid interference to an adjacent channel licensee in the 
Broadband Radio Service (BRS), the power of any ATC base station 
emission above 2495 MHz shall be attenuated below the transmitter power 
(P) measured in watts in accordance with the standards below. If these 
measures do not resolve a documented interference complaint received 
from the adjacent channel

[[Page 291]]

BRS licensee, the provisions of Sec. 25.255 shall apply.
    (1) For base stations, the attenuation shall be not less than 43 + 
10 log (P) dB at the upper edge of the authorized ATC band, unless a 
documented interference complaint is received from an adjacent channel 
licensee in the BRS. Provided that a documented interference complaint 
cannot be mutually resolved between the parties, the following 
additional attenuation requirements set forth in subsections (2)-(5) 
shall apply:
    (2) If a pre-existing BRS base station suffers harmful interference 
from emissions caused by a new or modified ATC base station located 1.5 
km or more away, within 24 hours of the receipt of a documented 
interference complaint the ATC licensee must attenuate its emissions by 
at least 67 + 10 log (P) dB measured at 3 megahertz above the edge of 
the authorized ATC band, and shall immediately notify the complaining 
licensee upon implementation of the additional attenuation.
    (3) If a pre-existing BRS base station suffers harmful interference 
from emissions caused by a new or modified ATC base station located less 
than 1.5 km away, within 24 hours of the receipt of a documented 
interference complaint the ATC licensee must attenuate its emissions by 
at least 67 + 10 log (P) -20 log(Dkm/1.5) dB measured at 3 
megahertz above the edge of the authorized ATC band, or if both base 
stations are co-located, limit its undesired signal level at the pre-
existing BRS base station receiver(s) to no more than -107 dBm measured 
in a 5.5 megahertz bandwidth and shall immediately notify the 
complaining licensee upon such reduction in the undesired signal level.
    (4) If a new or modified BRS base station suffers harmful 
interference from emissions caused by a pre-existing ATC base station 
located 1.5 km or more away, within 60 days of receipt of a documented 
interference complaint the licensee of the ATC base station must 
attenuate its base station emissions by at least 67 + 10 log (P) dB 
measured at 3 megahertz above the edge of the authorized ATC band.
    (5) If a new or modified BRS base station suffers harmful 
interference from emissions caused by a pre-existing ATC base station 
located less than 1.5 km away, within 60 days of receipt of a documented 
interference complaint:
    (i) the ATC licensee must attenuate its base station emissions by at 
least 67 + 10 log (P) -20 log(Dkm/1.5) dB measured 3 
megahertz above the edge of the authorized ATC band, or
    (ii) if both base stations are co-located, the ATC licensee must 
limit its undesired signal level at the new or modified BRS base station 
receiver(s) to no more than -107 dBm measured in a 5.5 megahertz 
bandwidth.
    (6) 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 above and adjacent to the 2495 
MHz 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. 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.

    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; 70 
FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008]

[[Page 292]]



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  Special Requirements for operations in the 3.65-3.7 GHz band.

    Upon request from a terrestrial licensee authorized under Subpart Z, 
Part 90 that seeks to place base and fixed stations in operation within 
150 km of a primary earth station, licensees of earth stations operating 
on a primary basis in the fixed satellite service in the 3.65-3.7 GHz 
band must negotiate in good faith with that terrestrial licensee to 
arrive at mutually agreeable operating parameters to prevent 
unacceptable interference.

[70 FR 24725, May 11, 2005]



Sec. 25.257  Special requirements for operations in the band 29.1-29.25 
GHz between NGSO MSS and LMDS.

    (a) Non-geostationary mobile satellite service (NGSO MSS) operators 
shall be licensed to use the 29.1-29.25 GHz band for Earth-to-space 
transmissions from feeder link earth station complexes. A ``feeder link 
earth station complex'' may include up to three (3) earth station 
groups, with each earth station group having up to four (4) antennas, 
located within a radius of 75 km of a given set of geographic 
coordinates provided by a NGSO MSS licensees or applicants pursuant to 
Sec. 101.147.
    (b) A maximum of seven (7) feeder link earth station complexes in 
the contiguous United States, Alaska and Hawaii may be placed into 
operation, in the largest 100 MSAs, in the band 29.1-29.25 GHz in 
accordance with Sec. 25.203 and Sec. 101.147 of this chapter.
    (c) One of the NGSO MSS operators licensed to use the 29.1-29.25 GHz 
band may specify geographic coordinates for a maximum of eight feeder 
link earth station complexes that transmit in the 29.1-29.25 GHz band. 
The other NGSO MSS operator licensed to use the 29.1-29.25 GHz band may 
specify geographic coordinates for a maximum of two feeder link earth 
station complexes that transmit in the 29.1-29.25 GHz band.
    (d) Additional NGSO MSS operators may be licensed in this band if 
the additional NGSO MSS operator shows that its system can share with 
the existing NGSO MSS systems.
    (e) All NGSO MSS operators shall cooperate fully and make reasonable 
efforts to identify mutually acceptable locations for feeder link earth 
station complexes. In this connection, any single NGSO MSS operator 
shall only identify one feeder link earth station complex protection 
zone in each category identified in Sec. 101.147(c)(2) of this chapter 
until the other NGSO MSS operator has been given an opportunity to 
select a location from the same category.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.258  Sharing between NGSO MSS Feeder links Stations and GSO FSS
services in the 29.25-29.5 GHz Bands.

    (a) Operators of NGSO MSS feeder link earth stations and GSO FSS 
earth stations in the band 29.25 to 29.5 GHz where both services have a 
co-primary allocation shall cooperate fully in order to coordinate their 
systems. During the coordination process both service operators shall 
exchange the necessary technical parameters required for coordination.
    (b) Licensed GSO FSS systems shall, to the maximum extent possible, 
operate with frequency/polarization selections, in the vicinity of 
operational or planned NGSO MSS feeder link earth station complexes, 
that will minimize instances of unacceptable interference to the GSO FSS 
space stations. 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

[[Page 293]]

(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 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]

[[Page 294]]



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 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

[[Page 295]]

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 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]



Sec. 25.262  Licensing and domestic coordination requirements
for 17/24 GHz BSS space stations.

    (a) Except as described in paragraphs (b), (c) or (e) of this 
section, applicants seeking to operate a space station in the 17/24 GHz 
BSS must locate that space station at one of the orbital positions 
described in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76.
    (b) An applicant may be authorized to operate a 17/24 GHz BSS space 
station at an orbital location described in Appendix F as set forth in 
paragraph (a) of this section, or at a location with a geocentric 
angular separation of one degree or less from an Appendix F location, 
and may operate at the maximum power flux density limits defined in 
Sec. Sec. 25.208(c) and (w) of this part, without

[[Page 296]]

coordinating its power flux density levels with adjacent licensed or 
permitted operators, only if there is no licensed 17/24 GHz BSS space 
station or prior-filed application at a location less than four degrees 
from the offset orbital location at which the applicant proposes to 
operate.
    (c)(1) Notwithstanding the provisions of this section, licensees and 
permittees will be allowed to apply for a license or authorization for a 
replacement satellite that will be operated at the same power level and 
interference protection as the satellite to be replaced.
    (2) In addition, applicants for licenses or authority for a 
satellite to be operated at an orbit location that was made available 
after a previous 17/24 GHz BSS license was cancelled or surrendered will 
be permitted to apply for authority to operate a satellite at the same 
power level and interference protection as the previous licensee at that 
orbit location, to the extent that their proposed operations are 
consistent with the provisions of this part. Such applications will be 
considered pursuant to the first-come, first-served procedures set forth 
in Sec. 25.158 of this part.
    (d) Any U.S. licensee or permittee using a 17/24 GHz BSS space 
station that is located less than four degrees away from a prior-
authorized 17/24 GHz BSS space station that is authorized to operate in 
accordance with paragraph (b) of this section:
    (1) may not cause any more interference to the adjacent satellite 
network than would be caused if the adjacent 17/24 GHz BSS space station 
were located four degrees away from the proposed space station; and
    (2) must accept any increased interference that results from the 
adjacent space station network operating at the offset orbital location 
less than four degrees away.
    (e) Any 17/24 GHz BSS U.S. licensee or permittee that is required to 
provide information in its application pursuant to Sec. Sec. 
25.140(b)(4)(ii) or (b)(4)(iii) of this part must accept any increased 
interference that may result from adjacent 17/24 GHz BSS space stations 
that are operating in compliance with the rules for this service.
    (f) Any 17/24 GHz BSS U.S. licensee or permittee that does not 
comply with the power flux-density limits set forth in Sec. 25.208(w) 
of this part shall bear the burden of coordinating with any future co-
frequency licensees and permittees of a 17/24 GHz BSS network under the 
following circumstances:
    (1) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec. 25.208(w) of 
this part by 3 dB or less, the operator shall bear the burden of 
coordinating with any future operators proposing a 17/24 GHz BSS space 
station in compliance with power flux-density limits set forth in Sec. 
25.208(w) of this part and located within 6 
degrees of the operator's 17/24 GHz BSS space station.
    (2) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec. 25.208(w) of 
this part by more than 3 dB, the operator shall bear the burden of 
coordinating with any future operators proposing a 17/24 GHz BSS space 
station in compliance with power flux-density limits set forth in Sec. 
25.208(w) of this part and located within 10 
degrees of the operator's 17/24 GHz BSS space station.
    (3) If no good faith agreement can be reached, the operator of the 
17/24 GHz BSS satellite network that does not comply with Sec. 
25.208(w) of this part shall reduce its space-to-Earth power flux-
density levels to be compliant with those specified in Sec. 25.208(w) 
of this part.

[72 FR 60280, Oct. 24, 2007]



                     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, other than an ESV, 
licensed under this part shall ensure that a trained operator is present 
on

[[Page 297]]

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, other than an ESV, 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.
    (5) International VSAT system operators are required to maintain a 
control point within the United States, or to maintain a point of 
contact within the United States available 24 hours a day, 7 days a 
week, with the ability to shut off any earth station within the VSAT 
network immediately upon notification of harmful interference.
    (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.
    (f) Rules for control of transmitting ESVs are provided in 
Sec. Sec. 25.221 and 25.222.

[58 FR 13421, Mar. 11, 1993, as amended at 66 FR 10631, Feb. 16, 2001; 
70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005]

    Effective Date Note: At 74 FR 47107, Sept. 15, 2009, Sec. 25.271 
was amended by revising paragraphs (b) and (c) introductory text and by 
removing paragraph (f), effective October 15, 2009. For the convenience 
of the user, the revised text is set forth as follows:



Sec. 25.271  Control of transmitting stations.

                                * * * * *

    (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:



Sec. 25.272  General inter-system coordination procedures.

    (a) Each space station licensee in the Fixed-Satellite Service shall 
establish a satellite network control center which will have the 
responsibility to monitor space-to-Earth transmissions in its system. 
This would indirectly monitor uplink earth station transmissions in its 
system and to coordinate transmissions in its satellite system with 
those of other systems to prevent harmful interference incidents or, in 
the event of a harmful interference incident, to identify the source of 
the interference and correct the problem promptly.
    (b) Each space station licensee shall maintain on file with the 
Commission and with its Columbia Operations Center in Columbia, 
Maryland, a current listing of the names, titles, addresses and 
telephone numbers of the points of contact for resolution of 
interference

[[Page 298]]

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.



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

[[Page 299]]

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 
resolve the interference.
    (f) Where the earth station suspected of causing harmful 
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 harmful 
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. The operator of the earth 
station suffering harmful interference is free to choose any 
representative to make this contact, including but not limited to the 
operator of the satellite system on which the earth station is 
operating. The operator of the earth station suffering harmful 
interference is also free to contact the control center of the other 
satellite systems directly.
    (g) 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.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 70 
FR 32257, June 2, 2005]



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

[[Page 300]]

to transmit any other type of carrier not specifically listed which does 
not exceed the highest e.i.r.p., e.i.r.p. density and bandwidth 
prescribed for any listed emission.
    (d) Only the most sensitive emission(s) for which protection is 
being afforded from interference in the authorized receive frequency 
band(s) will be specified in the station authorization.



Sec. 25.276  Points of communication.

    (a) Unless otherwise specified in the station authorization, an 
earth station is authorized to transmit to any space station in the same 
radio service provided that permission has been received from the space 
station operator to access that space station.
    (b) Space stations licensed under this part are authorized to 
provide service to earth stations located within the specified service 
area. Coastal waters within the outer continental shelf shall be 
considered to be included within the service area specified by the named 
land mass.
    (c) Transmission to or from foreign points over space stations in 
the Fixed-Satellite Service, other than those operated by the 
International Telecommunications Satellite Organization and Inmarsat, 
are subject to the policies set forth in the Report and Order, adopted 
January 19, 1996 in IB Docket No. 95-41.

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9953, Mar. 12, 1996]



Sec. 25.277  Temporary fixed earth station operations.

    (a) When an earth station in the Fixed-Satellite Service is to 
remain at a single location for fewer than 6 months, the location may be 
considered to be temporary fixed. Services provided at a single location 
which are initially known to be of longer than six months' duration 
shall not be provided under a temporary fixed authorization.
    (b) When a station, other than an ESV, 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, other than an ESV, 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) Except as set forth in Sec. 25.151(e), 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.
    (f) Filing requirements concerning applications for new temporary 
fixed earth station facilities operating in frequency bands shared co-
equally with terrestrial fixed stations.
    (1) When the initial location of the temporary fixed earth station's 
operation is known, the applicant shall provide, as part of the Form 312 
application, a frequency coordination report in accordance with Sec. 
25.203 for the initial station location.
    (2) When the initial location of the temporary fixed earth station's 
operation is not known at the time the application is filed, the 
applicant shall provide, as part of the Form 312 application, a 
statement by the applicant acknowledging its coordination 
responsibilities under Sec. 25.277.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 70 
FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005]

[[Page 301]]



Sec. 25.278  Additional coordination obligation for non-geostationary 
and geostationary satellite systems in frequencies allocated to the 

fixed-satellite service.

    Licensees of non-geostationary satellite systems that use frequency 
bands allocated to the fixed-satellite service for their feeder link 
operations shall coordinate their operations with licensees of 
geostationary fixed-satellite service systems licensed by the Commission 
for operation in the same frequency bands. Licensees of geostationary 
fixed-satellite service systems in the frequency bands that are licensed 
to non-geostationary satellite systems for feeder link operations shall 
coordinate their operations with the licensees of such non-geostationary 
satellite systems.

[59 FR 53330, Oct. 21, 1994]



Sec. 25.279  Inter-satellite service.

    (a) Any 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 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;

[[Page 302]]

    (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.

[69 FR 54587, Sept. 9, 2004]



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:
    (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. 9, 2004]

[[Page 303]]



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]



Sec. 25.284  Emergency Call Center Service.

    (a) 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.
    (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 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.

[69 FR 6582, Feb. 11, 2004, as amended at 69 FR 54042, Sept. 7, 2004]

Subpart E [Reserved]

[[Page 304]]



            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 opportunities.

    Notwithstanding other EEO provisions within these rules, an entity 
that uses an owned or leased fixed-satellite service or direct broadcast 
satellite service or 17/24 GHz broadcasting-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.

[72 FR 50033, Aug. 29, 2007]



                  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

[[Page 305]]

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 noncommercial programming pursuant to paragraph (e) of this 
section, or
    (4) Entities licensed to operate satellites in the 17/24 GHz BSS 
that offer video programming directly to consumers or 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 noncommercial programming pursuant to 
paragraph (e) of this section, or
    (5) Non U.S. licensed satellite operators in the 17/24 GHz BSS that 
offer video programming directly to consumers in the United States or 
that sell or lease capacity to a video programming distributor that 
offers service 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 noncommercial 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.

[[Page 306]]

    (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 
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

[[Page 307]]

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 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)

[[Page 308]]

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 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

[[Page 309]]

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,
    (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

[[Page 310]]

available to the public no later than six months after the effective 
date.

[69 FR 23157, Apr. 28, 2004, as amended at 72 FR 50033, Aug. 29, 2007]



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 renewal.
27.15 Geographic partitioning and spectrum disaggregation.
27.16 Network access requirements for Block C in the 746-757 and 776-787 
          MHz bands.
27.20 Digital television transition education reports.

                      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 Power strength limits.
27.56 Antenna structures; air navigation safety.
27.57 International coordination.
27.58 Interference to BRS/EBS 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.
27.70 Information exchange.

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 698	806 MHz Band

27.501 746-763 MHz, 775-793 MHz, and 805-806 MHz bands subject to 
          competitive bidding.
27.502 Designated entities.

 Subpart G_Guard Band Service (746	747/776	777 MHz and 762	764/792	794 
                               MHz Bands)

27.601 Authority and coordination requirements.
27.602 Lease agreements.
27.604 Limitation on licenses won at auction.
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.

[[Page 311]]

Subpart K [Reserved]

       Subpart L_1710	1755 MHz, 2110	2155 MHz, 2160	2180 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 in the 1710-1755 MHz and 2110-2155 MHz 
          bands.

                        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 incumbent operations in the 2150-2160/62 MHz band.
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.

Cost-Sharing Policies Governing Microwave Relocation From the 2110-2150 
                       MHz and 2160-2200 MHz Bands

27.1160 Cost-sharing requirements for AWS.
27.1162 Administration of the Cost-Sharing Plan.
27.1164 The cost-sharing formula.
27.1166 Reimbursement under the Cost-Sharing Plan.
27.1168 Triggering a Reimbursement Obligation.
27.1170 Payment Issues.
27.1172 Dispute Resolution Under the Cost-Sharing Plan.
27.1174 Termination of Cost-Sharing Obligations.

Cost-Sharing Policies Governing Broadband Radio Service Relocation from 
                        the 2150-2160/62 MHz Band

27.1176 Cost-sharing requirements for AWS in the 2150-2160/62 MHz band.
27.1178 Administration of the Cost-Sharing Plan.
27.1180 The cost-sharing formula.
27.1182 Reimbursement under the Cost-Sharing Plan.
27.1184 Triggering a reimbursement obligation.
27.1186 Payment issues.
27.1188 Dispute resolution under the Cost-Sharing Plan.
27.1190 Termination of cost-sharing obligations.

   Subpart M_Broadband Radio Service and Educational Broadband Service

27.1200 Change to BRS and EBS.
27.1201 EBS eligibility.
27.1202 Cable/BRS cross-ownership.
27.1203 EBS programming requirements.
27.1206 Geographic service area.
27.1207 BTA license authorization.
27.1208 BTA service areas.
27.1209 Conversion of incumbent EBS and BRS stations to geographic area 
          licensing.
27.1210 Remote control operation.
27.1211 Unattended operation.
27.1212 License term.
27.1213 Designated entity provisions for BRS in Commission auctions 
          commencing prior to January 1, 2004.
27.1214 EBS spectrum leasing arrangements and grandfathered leases.
27.1215 BRS grandfathered leases.
27.1216 Grandfathered E and F group EBS licenses.
27.1217 Competitive bidding procedures for the Broadband Radio Service.
27.1218 Designated entities.

                           Technical Standards

27.1220 Transmission standards.
27.1221 Interference protection.
27.1222 Operations in the 2568-2572 and 2614-2618 bands.

Policies Governing the Transition of the 2500-2690 MHz Band for BRS and 
                                   EBS

27.1230 Conversion of the 2500-2690 MHz band.
27.1231 Initiating the transition.
27.1232 Planning the transition.
27.1233 Reimbursement costs of transitioning.
27.1234 Terminating existing operations in transitioned markets.
27.1235 Post-transition notification.
27.1236 Self-transitions.
27.1237 Pro rata allocation of transition costs.
27.1238 Eligible costs.
27.1239 Reimbursement obligation.

           Relocation Procedures for the 2150-2160/62 MHz Band

27.1250 Transition of the 2150-2160/62 MHz band from the Broadband Radio 
          Service to the Advanced Wireless Service.
27.1251 Mandatory Negotiations.
27.1252 Involuntary Relocation Procedures.
27.1253 Sunset Provisions.
27.1254 Eligibility.
27.1255 Relocation Criteria for Broadband Radio Service Licensees in the 
          2150-2160/62 MHz band.

[[Page 312]]

              Subpart N_700 MHz Public/Private Partnership

27.1301 Purpose and scope.
27.1303 Upper 700 MHz D Block license conditions.
27.1305 Shared wireless broadband network.
27.1307 Spectrum use in the network.
27.1308 Organization and structure of the 700 MHz public/private 
          partnership.
27.1310 Network sharing agreement.
27.1315 Establishment, execution, and application of the network sharing 
          agreement.
27.1320 Failure to comply with the NSA or the Commission's rules.
27.1325 Resolution of disputes after grant of the upper 700 MHz D block 
          license.
27.1327 Construction requirements; criteria for renewal.
27.1330 Local public safety build-out and operation.
27.1333 Geographic partitioning, spectrum disaggregation, license 
          assignment, and transfer.
27.1335 Prohibition on discontinuance of public safety operations.
27.1340 Reporting obligations.

    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) 746-763 MHz, 775-793 MHz, and 805-806 MHz.
    (3) 698-746 MHz.
    (4) 1390-1392 MHz.
    (5) 1392-1395 MHz and 1432-1435 MHz.
    (6) 1670-1675 MHz.
    (7) [Reserved]
    (8) 1710-1755 MHz and 2110-2155 MHz.
    (9) 2495-2690 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; 69 FR 72031, Dec. 10, 2004; 69 FR 77949, 
Dec. 29, 2004; 72 FR 48843, Aug. 24, 2007]



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) 775-776 MHz and 805-806 MHz bands. Operators in the 775-776 MHz 
and 805-806 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; 72 
FR 48843, Aug. 24, 2007]



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.

[[Page 313]]

    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; competitive 
bidding procedures; and the environmental requirements that, if 
applicable, must be complied with prior to the initiation of 
construction. 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 22. This part sets forth the requirements and conditions 
applicable to public mobile services.
    (i) Part 24. This part sets forth the requirements and conditions 
applicable to personal communications services.
    (j) Part 25. This part contains the requirements for satellite 
communications, including satellite DARS.
    (k) Part 51. This part contains general duties of telecommunications 
carriers to provide for interconnection with other telecommunications 
carriers.
    (l) Part 64. This part sets forth the requirements and conditions 
applicable to telecommunications carriers under the Communications 
Assistance for Law Enforcement Act.
    (m) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (n) Part 73. This part sets forth the requirements and conditions 
applicable to radio broadcast services.
    (o) Part 74. This part sets forth the requirements and conditions 
applicable to experimental radio, auxiliary, special broadcast and other 
program distributional 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; 69 FR 72031, Dec. 10, 2004; 70 FR 61059, Oct. 20, 2005]



Sec. 27.4  Terms and definitions.

    700 MHz Public/Private Partnership. The public/private partnership 
established for the development and operation of a nationwide, shared 
interoperable wireless broadband network operating on the 758-763 MHz 
and 788-793 MHz bands and the 763-768 MHz and 793-798 MHz bands in 
accordance with the Commission's rules.
    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.
    Attended operation. Operation of a station by a designated person on 
duty at the place where the transmitting apparatus is located with the 
transmitter in the person's plain view.
    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.
    Booster service area. A geographic area to be designated by an 
applicant

[[Page 314]]

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 not to 
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. The booster station must be capable of 
providing substantial service within the designated booster service 
area.
    Broadband Radio Service (BRS). A radio service using certain 
frequencies in the 2150-2162 and 2496-2690 MHz bands which can be used 
to provide fixed and mobile services, except for aeronautical services.
    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).
    Commercial EBS licensee. A licensee authorized to operate on EBS 
channels pursuant to the provisions of Sec. 27.1201(c) contained in the 
edition of 47 CFR parts 20 to 39, revised as of October 1, 2005, or 
Sec. Sec. 74.990 through 74.992 contained in the edition of 47 CFR 
parts 70 to 79, revised as of October 1, 2004, of this chapter, and that 
does not meet the eligibility requirements of Sec. 27.1201(a).
    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.
    Educational Broadband Service (EBS). A fixed or mobile service, the 
licensees of which are educational institutions or non-profit 
educational organizations, and intended primarily for video, data, or 
voice transmissions of instructional, cultural, and other types of 
educational material to one or more receiving locations.
    Effective Radiated Power (ERP) (in a given direction). The product 
of the power supplied to the antenna and its gain relative to a half-
wave dipole in a given direction.
    Equivalent Isotropically Radiated Power (EIRP). The product of the 
power supplied to the antenna and the antenna gain in a given direction 
relative to an isotropic antenna.
    Fixed service. A radio communication service between specified fixed 
points.
    Fixed station. A station in the fixed service.
    Land mobile service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land mobile station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land station. A station in the mobile service not intended to be 
used while in motion.
    Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of 
channels in the frequencies 2496-2572 MHz.
    Middle Band Segment (MBS). Segment of the BRS/EBS band consisting of 
channels in the frequencies 2572-2614 MHz.
    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)

[[Page 315]]

    Network Assets Holder. The Network Assets Holder is a Special 
Purpose Bankruptcy Remote Entity that is formed to hold the assets of 
the shared wireless broadband network associated with the 700 MHz 
Public/Private Partnership, in accordance with the terms of the Network 
Sharing Agreement, such other agreements as the Commission may require 
or allow, and the Commission's rules.
    Network Sharing Agreement (NSA). An agreement entered into between 
the winning bidder, the Upper 700 MHz D Block licensee, the Network 
Assets Holder, the Operating Company, the Public Safety Broadband 
Licensee, and any other related entities that the Commission may require 
or allow regarding the shared wireless broadband network associated with 
the 700 MHz Public/Private Partnership that will operate on the 758-763 
MHz and 788-793 MHz bands and the 763-768 MHz and 793-798 MHz bands.
    Operating Company. The Operating Company is a Special Purpose 
Bankruptcy Remote Entity that is formed to build and operate the shared 
wireless broadband network associated with the 700 MHz Public/Private 
Partnership, in accordance with the terms of the Network Sharing 
Agreement, such other agreements as the Commission may require or allow, 
and the Commission's rules.
    Point-to-point Broadband station. A Broadband station that transmits 
a highly directional signal from a fixed transmitter location to a fixed 
receive location.
    Portable device. Transmitters designed to be used within 20 
centimeters of the body of the user.
    Public Safety Broadband License. The Public Safety Broadband License 
authorizes public safety broadband services in the 763-768 MHz and 793-
798 MHz bands.
    Public Safety Broadband Licensee. The licensee of the Public Safety 
Broadband License in the 763-768 MHz and 793-798 MHz bands.
    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.
    Remote control. Operation of a station by a designated person at a 
control position from which the transmitter is not visible but where 
suitable control and telemetering circuits are provided which allow the 
performance of the essential functions that could be performed at the 
transmitter.
    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.
    Sectorization. The use of an antenna system at any broadband 
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.
    Shared Wireless Broadband Network. Wireless broadband network 
associated with the 700 MHz Band Public/Private Partnership that 
operates on the 758-763 MHz and 788-793 MHz bands and the 763-768 MHz 
and 793-798 MHz bands pursuant to the terms of the Network Sharing 
Agreement, such other agreements as the Commission may require or allow, 
and the Commission's rules.
    Special Purpose Bankruptcy Remote Entity. A ``special purpose 
entity'' is a legal entity created for a special limited purpose, in 
this context primarily to hold the Upper 700 MHz D Block license or the 
network assets, or to conduct the construction or operation of the 
shared wireless broadband network associated with the 700 MHz Public/
Private Partnership. A special purpose entity is ``bankruptcy remote'' 
if that entity is unlikely to become insolvent as

[[Page 316]]

a result of its own activities, is adequately insulated from the 
consequences of a related party's insolvency, and contains certain 
characteristics which enhance the likelihood that it will not become the 
subject of an insolvency proceeding.
    Studio to transmitter link (STL). A directional path used to 
transmit a signal from a station's studio to its transmitter.
    Temporary fixed broadband station. A broadband station used for the 
transmission of material from temporary unspecified points to a 
broadband station.
    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.
    Unattended operation. Operation of a station by automatic means 
whereby the transmitter is turned on and off and performs its functions 
without attention by a designated person.
    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.
    Upper 700 MHz D Block license. The Upper 700 MHz D Block license is 
the nationwide license associated with the 758-763 MHz and 788-793 MHz 
bands.
    Upper 700 MHz D Block licensee. The Special Purpose Bankruptcy 
Remote Entity to which the Upper 700 MHz D Block license must be 
transferred upon execution of the Network Sharing Agreement. References 
herein to the rights and obligations of the Upper 700 MHz D Block 
licensee include the exercise or discharge of such rights or 
obligations, respectively, by related entities as are provided for in 
the NSA or otherwise as authorized by the Commission.
    Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of 
channels in the frequencies 2614-2690 MHz
    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; 69 FR 72031, Dec. 10, 2004; 71 FR 35189, June 19, 
2006; 72 FR 27709, May 16, 2007; 72 FR 48843, Aug. 24, 2007]



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 Economic Area Grouping basis as follows:

Block C: 2315-2320 MHz; and
Block D: 2345-2350 MHz.

    (b) 746-763 MHz, 775-793 MHz, and 805-806 MHz bands. The following 
frequencies are available for licensing pursuant to this part in the 
746-763 MHz, 775-793 MHz, and 805-806 MHz bands:
    (1) Two paired channels of 1 megahertz each are available for 
assignment in Block A in the 757-758 MHz and 787-788 MHz bands.
    (2) Two paired channels of 1 megahertz each are available for 
assignment in Block B in the 775-776 MHz and 805-806 MHz bands.
    (3) Two paired channels of 11 megahertz each are available for 
assignment in Block C in the 746-757 MHz and 776-

[[Page 317]]

787 MHz bands. In the event that no licenses for two channels in this 
Block C are assigned based on the results of the first auction in which 
such licenses were offered because the auction results do not satisfy 
the applicable reserve price, the spectrum in the 746-757 MHz and 776-
787 MHz bands will instead be made available for assignment at a 
subsequent auction as follows:
    (i) Two paired channels of 6 megahertz each available for assignment 
in Block C1 in the 746-752 MHz and 776-782 MHz bands.
    (ii) Two paired channels of 5 megahertz each available for 
assignment in Block C2 in the 752-757 MHz and 782-787 MHz bands.
    (4) Two paired channels of 5 megahertz each are available for 
assignment in Block D in the 758-763 MHz and 788-793 MHz bands.
    (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) [Reserved]
    (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) Three paired channel blocks of 10 megahertz each are available 
for assignment as follows:

    Block A: 1710-1720 MHz and 2110-2120 MHz;
    Block B: 1720-1730 MHz and 2120-2130 MHz; and
    Block F: 1745-1755 MHz and 2145-2155 MHz.

    (2) Three paired channel blocks of 5 megahertz each are available 
for assignment as follows:

    Block C: 1730-1735 MHz and 2130-2135 MHz;
    Block D: 1735-1740 MHz and 2135-2140 MHz; and
    Block E: 1740-1745 MHz and 2140-2145 MHz.

    (i) Frequency assignments for the BRS/EBS band. (1) Pre-transition 
frequency assignments.

RS Channel 1: 2150-2156 MHz or 2496-2500 MHz
BRS Channel 2: 2156-2162 MHz or 2686-2690 MHz
BRS Channel 2A: 2156-2160 MHz
EBS Channel A1: 2500-2506 MHz
EBS Channel B1: 2506-2512 MHz
EBS Channel A2: 2512-2518 MHz
EBS Channel B2: 2518-2524 MHz
EBS Channel A3: 2524-2530 MHz
EBS Channel B3: 2530-2536 MHz
EBS Channel A4: 2536-2542 MHz
EBS Channel B4: 2542-2548 MHz
EBS Channel C1: 2548-2554 MHz
EBS Channel D1: 2554-2560 MHz
EBS Channel C2: 2560-2566 MHz
EBS Channel D2: 2566-2572 MHz
EBS Channel C3: 2572-2578 MHz
EBS Channel D3: 2578-2584 MHz
EBS Channel C4: 2584-2590 MHz
EBS Channel D4: 2590-2596 MHz
BRS Channel E1: 2596-2602 MHz
BRS Channel F1: 2602-2608 MHz
BRS Channel E2: 2608-2614 MHz
BRS Channel F2: 2614-2620 MHz
BRS Channel E3: 2620-2626 MHz
BRS Channel F3: 2626-2632 MHz
BRS Channel E4: 2632-2638 MHz
BRS Channel F4: 2638-2644 MHz
EBS Channel G1: 2644-2650 MHz
BRS Channel H1: 2650-2656 MHz
EBS Channel G2: 2656-2662 MHz
BRS Channel H2: 2662-2668 MHz
EBS Channel G3: 2668-2674 MHz
BRS Channel H3: 2674-2680 MHz
EBS Channel G4: 2680-2686 MHz
I Channels: 2686-2690 MHz

    (2) Post transition frequency assignments. The frequencies available 
in the Broadband Radio Service (BRS) and Educational Broadband Service 
(EBS) are listed in this section in accordance with the frequency 
allocations table of Sec. 2.106 of this chapter.

[[Page 318]]

    (i) Lower Band Segment (LBS): The following channels shall 
constitute the Lower Band Segment:

BRS Channel 1: 2496-2502 MHz
EBS Channel A1: 2502-2507.5 MHz
EBS Channel A2: 2507.5-2513 MHz
EBS Channel A3: 2513-2518.5 MHz
EBS Channel B1: 2518.5-2524 MHz
EBS Channel B2: 2524-2529.5 MHz
EBS Channel B3: 2529.5-2535 MHz
EBS Channel C1: 2535-2540.5 MHz
EBS Channel C2: 2540.5-2546 MHz
EBS Channel C3: 2546-2551.5 MHz
EBS Channel D1: 2551.5-2557 MHz
EBS Channel D2: 2557-2562.5 MHz
EBS Channel D3: 2562.5-2568 MHz
EBS Channel JA1: 2568.00000-2568.33333 MHz
EBS Channel JA2: 2568.33333-2568.66666 MHz
EBS Channel JA3: 2568.66666-2569.00000 MHz
EBS Channel JB1: 2569.00000-2569.33333 MHz
EBS Channel JB2: 2569.33333-2569.66666 MHz
EBS Channel JB3: 2569.66666-2570.00000 MHz
EBS Channel JC1: 2570.00000-2570.33333 MHz
EBS Channel JC2: 2570.33333-2570.66666 MHz
EBS Channel JC3: 2570.66666-2571.00000 MHz
EBS Channel JD1: 2571.00000-2571.33333 MHz
EBS Channel JD2: 2571.33333-2571.66666 MHz
EBS Channel JD3: 2571.66666-2572.00000 MHz

    (ii) Middle Band Segment (MBS): The following channels shall 
constitute the Middle Band Segment:

EBS Channel A4: 2572-2578 MHz
EBS Channel B4: 2578-2584 MHz
EBS Channel C4: 2584-2590 MHz
EBS Channel D4: 2590-2596 MHz
EBS Channel G4: 2596-2602 MHz
BRS/EBS Channel F4: 2602-2608 MHz
BRS/EBS Channel E4: 2608-2614 MHz

    (iii) Upper Band Segment (UBS): The following channels shall 
constitute the Upper Band Segment:

BRS Channel KH1: 2614.00000-2614.33333 MHz.
BRS Channel KH2: 2614.33333-2614.66666 MHz.
BRS Channel KH3: 2614.66666-2615.00000 MHz.
EBS Channel KG1: 2615.00000-2615.33333 MHz.
EBS Channel KG2: 2615.33333-2615.66666 MHz.
EBS Channel KG3: 2615.66666-2616.00000 MHz.
BRS Channel KF1: 2616.00000-2616.33333 MHz.
BRS Channel KF2: 2616.33333-2616.66666 MHz.
BRS Channel KF3: 2616.66666-2617.00000 MHz.
BRS Channel KE1: 2617.00000-2617.33333 MHz.
BRS Channel KE2: 2617.33333-2617.66666 MHz.
BRS Channel KE3: 2617.66666-2618.00000 MHz.
BRS Channel 2: 2618-2624 MHz.
BRS/EBS Channel E1: 2624-2629.5 MHz.
BRS/EBS Channel E2: 2629.5-2635 MHz.
BRS/EBS Channel E3: 2635-2640.5 MHz.
BRS/EBS Channel F1: 2640.5-2646 MHz.
BRS/EBS Channel F2: 2646-2651.5 MHz.
BRS/EBS Channel F3: 2651.5-2657 MHz.
BRS Channel H1: 2657-2662.5 MHz.
BRS Channel H2: 2662.5-2668 MHz.
BRS Channel H3: 2668-2673.5 MHz.
EBS Channel G1: 2673.5-2679 MHz.
EBS Channel G2: 2679-2684.5 MHz.
EBS Channel G3: 2684.5-2690 MHz.

    Note to paragraph (i)(2): No 125 kHz channels are provided for 
channels in operation in this service. The 125 kHz channels previously 
associated with these channels have been reallocated to Channel G3 in 
the upper band segment.

    (3) During the transition (see Sec. Sec. 27.1230-27.1239) EBS and 
BRS licensees may exchange channels to effectuate the transition of the 
2.5 GHz band in a given BTA.
    (4) A temporary fixed broadband station may use any available 
broadband channel on a secondary basis, except that operation of 
temporary fixed broadband stations is not allowed within 56.3 km (35 
miles) of Canada.
    (5)(i) A point-to-point EBS station on the E and F-channel 
frequencies, may be involuntarily displaced by a BRS applicant or 
licensee, provided that suitable alternative spectrum is available and 
that the BRS entity bears the expenses of the migration. Suitability of 
spectrum will be determined on a case-by-base basis; at a minimum, the 
alternative spectrum must be licensable by broadband operators on a 
primary basis (although it need not be specifically allocated to the 
broadband service), and must provide a signal that is equivalent to the 
prior signal in picture quality and reliability, unless the broadband 
licensee will accept an inferior signal. Potential expansion of the BRS 
licensee may be considered in determining whether alternative available 
spectrum is suitable.
    (ii) If suitable alternative spectrum is located pursuant to 
paragraph (h)(6)(i) of this section, the initiating party must prepare 
and file the appropriate application for the new spectrum, and must 
simultaneously serve a copy of the application on the EBS licensee to be 
moved. The initiating party will be responsible for all costs connected 
with the migration, including purchasing, testing and installing new 
equipment, labor costs, reconfiguration of existing equipment, 
administrative costs, legal and engineering expenses necessary to 
prepare and file the migration application, and other

[[Page 319]]

reasonable documented costs. The initiating party must secure a bond or 
establish an escrow account to cover reasonable incremental increase in 
ongoing expenses that may fall upon the migrated licensee. The bond or 
escrow account should also account for the possibility that the 
initiating party subsequently becomes bankrupt. If it becomes necessary 
for the Commission to assess the sufficiency of a bond or escrow amount, 
it will take into account such factors as projected incremental increase 
in electricity or maintenance expenses, or relocation expenses, as 
relevant in each case.
    (iii) The EBS licensee to be moved will have a 60-day period in 
which to oppose the involuntary migration. The broadband party should 
state its opposition to the migration with specificity, including 
engineering and other challenges, and a comparison of the present site 
and the proposed new site. If involuntary migration is granted, the new 
facilities must be operational before the initiating party will be 
permitted to begin its new or modified operations. The migration must 
not disrupt the broadband licensee's provision of service, and the 
broadband licensee has the right to inspect the construction or 
installation work.

[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; 69 FR 72032, Dec. 10, 2004; 69 FR 77950, 
Dec. 29, 2004; 70 FR 58064, Oct. 5, 2005; 71 FR 35189, June 19, 2006; 72 
FR 48844, Aug. 24, 2007; 73 FR 26038, May 8, 2008]

    Effective Date Note: At 74 FR 49337 , Sept. 28, 2009, Sec. 27.5 was 
amended by revising paragraphs (i)(2)(i) and (i)(2)(iii), effective Oct. 
28, 2009. For the convenience of the user, the revised text is set forth 
as follows:



Sec. 27.5  Frequencies.

                                * * * * *

    (i) * * *
    (2) * * *
    (i) Lower Band Segment (LBS): The following channels shall 
constitute the Lower Band Segment:

BRS Channel 1: 2496-2502 MHz or 2150-2156 MHz
EBS Channel A1: 2502-2507.5 MHz
EBS Channel A2: 2507.5-2513 MHz
EBS Channel A3: 2513-2518.5 MHz
EBS Channel B1: 2518.5-2524 MHz
EBS Channel B2: 2524-2529.5 MHz
EBS Channel B3: 2529.5-2535 MHz
EBS Channel C1: 2535-2540.5 MHz
EBS Channel C2: 2540.5-2546 MHz
EBS Channel C3: 2546-2551.5 MHz
EBS Channel D1: 2551.5-2557 MHz
EBS Channel D2: 2557-2562.5 MHz
EBS Channel D3: 2562.5-2568 MHz
EBS Channel JA1: 2568.00000-2568.33333 MHz
EBS Channel JA2: 2568.33333-2568.66666 MHz
EBS Channel JA3: 2568.66666-2569.00000 MHz
EBS Channel JB1: 2569.00000-2569.33333 MHz
EBS Channel JB2: 2569.33333-2569.66666 MHz
EBS Channel JB3: 2569.66666-2570.00000 MHz
EBS Channel JC1: 2570.00000-2570.33333 MHz
EBS Channel JC2: 2570.33333-2570.66666 MHz
EBS Channel JC3: 2570.66666-2571.00000 MHz
EBS Channel JD1: 2571.00000-2571.33333 MHz
EBS Channel JD2: 2571.33333-2571.66666 MHz
EBS Channel JD3: 2571.66666-2572.00000 MHz

                                * * * * *

    (iii) Upper Band Segment (UBS): The following channels shall 
constitute the Upper Band Segment:

BRS Channel KH1: 2614.00000-2614.33333 MHz.
BRS Channel KH2: 2614.33333-2614.66666 MHz.
BRS Channel KH3: 2614.66666-2615.00000 MHz.
EBS Channel KG1: 2615.00000-2615.33333 MHz.
EBS Channel KG2: 2615.33333-2615.66666 MHz.
EBS Channel KG3: 2615.66666-2616.00000 MHz.
BRS Channel KF1: 2616.00000-2616.33333 MHz.
BRS Channel KF2: 2616.33333-2616.66666 MHz.
BRS Channel KF3: 2616.66666-2617.00000 MHz.
BRS Channel KE1: 2617.00000-2617.33333 MHz.
BRS Channel KE2: 2617.33333-2617.66666 MHz.
BRS Channel KE3: 2617.66666-2618.00000 MHz.
BRS Channel 2: 2618-2624 MHz or 2156-2162 MHz.
BRS Channel 2A: 2618-2624 MHz or 2156-2160 MHz.
BRS/EBS Channel E1: 2624-2629.5 MHz.
BRS/EBS Channel E2: 2629.5-2635 MHz.
BRS/EBS Channel E3: 2635-2640.5 MHz.
BRS/EBS Channel F1: 2640.5-2646 MHz.
BRS/EBS Channel F2: 2646-2651.5 MHz.
BRS/EBS Channel F3: 2651.5-2657 MHz.
BRS Channel H1: 2657-2662.5 MHz.
BRS Channel H2: 2662.5-2668 MHz.
BRS Channel H3: 2668-2673.5 MHz.
EBS Channel G1: 2673.5-2679 MHz.
EBS Channel G2: 2679-2684.5 MHz.
EBS Channel G3: 2684.5-2690 MHz.

                                * * * * *



Sec. 27.6  Service areas.

    (a) WCS service areas include Economic Areas (EAs), Major Economic 
Areas (MEAs), Regional Economic Area Groupings (REAGs), cellular markets 
comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas 
(RSAs), and a nationwide area. MEAs and REAGs are defined in the Table

[[Page 320]]

immediately following paragraph (a)(1) of this section. Both MEAs and 
REAGs are based on the U.S. Department of Commerce's 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. The nationwide area is composed of the contiguous 48 
states, Alaska, Hawaii, the Gulf of Mexico, and the U.S. territories. 
Maps of the EAs, MEAs, MSAs, RSAs, 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:

------------------------------------------------------------------------
            REAGs                     MEAs                   EAs
------------------------------------------------------------------------
1 (Northeast)...............  1 (Boston)..........  1-3.
                              2 (New York City)...  4-7, 10.
                              3 (Buffalo).........  8.
                              4 (Philadelphia)....  11-12.
2 (Southeast)...............  5 (Washington)......  13-14.
                              6 (Richmond)........  15-17, 20.
                              7 (Charlotte-         18-19, 21-26, 41-42,
                               Greensboro-           46.
                               Greenville-Raleigh).
                              8 (Atlanta).........  27-28, 37-40, 43.
                              9 (Jacksonville)....  29, 35.
                              10 (Tampa-St.         30, 33-34.
                               Petersburg-Orlando).
                              11 (Miami)..........  31-32.
3 (Great Lakes).............  12 (Pittsburgh).....  9, 52-53.
                              13 (Cincinnati-       48-50.
                               Dayton).
                              14 (Columbus).......  51.
                              15 (Cleveland)......  54-55.
                              16 (Detroit)........  56-58, 61-62.
                              17 (Milwaukee)......  59-60, 63, 104-105,
                                                     108.
                              18 (Chicago)........  64-66, 68, 97, 101.
                              19 (Indianapolis)...  67.
                              20 (Minneapolis-St.   106-107, 109-114,
                               Paul).                116.
                              21 (Des Moines-Quad   100, 102-103, 117.
                               Cities).
4 (Mississippi Valley)......  22 (Knoxville)......  44-45.
                              23 (Louisville-       47, 69-70, 72.
                               Lexington-
                               Evansville).
                              24 (Birmingham).....  36, 74, 78-79.
                              25 (Nashville)......  71.
                              26 (Memphis-Jackson)  73, 75-77.
                              27 (New Orleans-      80-85.
                               Baton Rouge).
                              28 (Little Rock)....  90-92, 95.
                              29 (Kansas City)....  93, 99, 123.
                              30 (St. Louis)......  94, 96, 98.
5 (Central).................  31 (Houston)........  86-87, 131.
                              32 (Dallas-Fort       88-89, 127-130, 135,
                               Worth).               137-138.
                              33 (Denver).........  115, 140-143.
                              34 (Omaha)..........  118-121.
                              35 (Wichita)........  122.
                              36 (Tulsa)..........  124.
                              37 (Oklahoma City)..  125-126.
                              38 (San Antonio)....  132-134.
                              39 (El Paso-          136, 139, 155-157.
                               Albuquerque).
                              40 (Phoenix)........  154, 158-159.
6 (West)....................  41 (Spokane-          144-147, 168.
                               Billings).
                              42 (Salt Lake City).  148-150, 152.
                              43 (San Francisco-    151, 162-165.
                               Oakland-San Jose).
                              44 (Los Angeles-San   153, 160-161.
                               Diego).
                              45 (Portland).......  166-167.
                              46 (Seattle)........  169-170.
7 (Alaska)..................  47 (Alaska).........  171.
8 (Hawaii)..................  48 (Hawaii).........  172.
9 (Guam and the Northern      49 (Guam and the      173.
 Mariana Islands).             Northern Mariana
                               Islands).
10 (Puerto Rico and U.S.      50 (Puerto Rico and   174.
 Virgin Islands).              U.S. Virgin
                               Islands).
11 (American Samoa).........  51 (American Samoa).  175.
12 (Gulf of Mexico).........  52 (Gulf of Mexico).  176.
------------------------------------------------------------------------


[[Page 321]]

    (2) The Gulf of Mexico EA extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.
    (b) 746-763 MHz, 775-793 MHz, and 805-806 MHz bands. WCS service 
areas for the 746-763 MHz, 775-793 MHz, and 805-806 MHz bands are as 
follows.
    (1) Service areas for Block A in the 757-758 MHz and 787-788 MHz 
bands and Block B in the 775-776 MHz and 805-806 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 Block C in the 746-757 MHz and 776-787 MHz 
bands are based on Regional Economic Area Groupings (REAGs) as defined 
by paragraph (a) of this section. In the event that no licenses with 
respect to service areas for Block C in the 746-757 MHz and 776-787 MHz 
bands are assigned based on the results of the first auction in which 
such licenses are offered because the auction results do not satisfy the 
applicable reserve price, then service areas for the spectrum at 746-757 
MHz and 776-787 MHz will instead be available for assignment as follows:
    (i) Service areas for Block C1 in the 746-752 MHz and 776-782 MHz 
bands are based on Economic Areas (EAs) as defined in paragraph (a) of 
this section.
    (ii) Service areas for Block C2 in the 752-757 MHz and 782-787 MHz 
bands are based on Regional Economic Area Groupings (REAGs) as defined 
by paragraph (a) of this section.
    (3) Service area for Block D in the 758-763 MHz and 788-793 MHz 
bands is a nationwide area as defined in paragraph (a) of this section.
    (c) 698-746 MHz band. WCS service areas for the 698-746 MHz band are 
as follows.
    (1) Service areas for Block A in the 698-704 MHz and 728-734 MHz 
bands and Block E in the 722-728 MHz band are based on Economic Areas 
(EAs) as defined in paragraph (a) of this section.
    (2) Service areas for Block B in the 704-710 MHz and 734-740 MHz 
bands and Block C in the 710-716 MHz and 740-746 MHz bands 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.
    (3) Service areas for Block D in the 716-722 MHz band 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 
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., SW., Washington, DC 20554. These maps and 
data are also available on the FCC Web site at http://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.
------------------------------------------------------------------------


[[Page 322]]

    Note 1 to paragraph (c)(3)(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 (c)(3)(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 (c)(3)(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 MMS Web site: http://www.gomr.mms.gov/homepg/offshore/offshore.html.
    (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 (c)(3) of this 
section.
    (f) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band are 
available on a nationwide basis.
    (g) [Reserved]
    (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 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.
    (2) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz) and 
C (1730-1735 MHz and 2130-2135 MHz) are based on Economic Areas (EAs) as 
defined in paragraph (a) of this section.
    (3) Service areas for blocks D (1735-1740 MHz and 2135-2140 MHz), E 
(1740-1745 MHz and 2140-2145 MHz) and F (1745-1755 MHz and 2145-2155 
MHz) are based on Regional Economic Area Groupings (REAGs) as defined by 
paragraph (a) of this section.

[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; 69 FR 77950, Dec. 29, 2004; 70 
FR 58065, Oct. 5, 2005; 72 FR 48844, Aug. 24, 2007; 72 FR 67577, Nov. 
29, 2007]



                   Subpart B_Applications and Licenses



Sec. 27.10  Regulatory status.

    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.

[[Page 323]]

    (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; 72 FR 27709, May 16, 2007]



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 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) 746-763 MHz, 775-793 MHz, and 805-806 MHz bands. Initial 
authorizations for the 746-763 MHz, 775-793 MHz, and 805-806 MHz bands 
shall be for paired channels of 1, 5, 6, or 11 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 
1 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 
11 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(b)(2). In the event that no licenses granting authorizations 
for Block C, consisting of two paired channels of 11 megahertz each, are 
assigned based on the results of the first auction in which such 
licenses are offered because the auction results do not satisfy the 
applicable reserve price, then the authorizations for the spectrum in 
the 746-757 MHz and 776-787 MHz bands will instead be as follows:
    (i) Authorizations for Block C1, consisting of two paired channels 
of 6 megahertz each in the 746-752 MHz and 776-782 MHz bands, will be 
based on those geographic areas specified in Sec. 27.6(b)(2)(i).
    (ii) Authorizations for Block C2, consisting of two paired channels 
of 5 megahertz each in the 752-757 MHz and 782-787 MHz bands, will be 
based on those geographic areas specified in Sec. 27.6(b)(2)(ii).

[[Page 324]]

    (4) The authorization for Block D, consisting of two paired channels 
of 5 megahertz each, will be based on the geographic area specified in 
Sec. 27.6(b)(3).
    (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 Block A, 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 B, 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 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).
    (4) Authorizations for Block D, consisting of an unpaired channel 
block of 6 megahertz, will be based on those geographic areas specified 
in Sec. 27.6(c)(3).
    (5) Authorizations for Block E, consisting of an unpaired channel 
block of 6 megahertz, 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) [Reserved]
    (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 or 10 
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 Blocks 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 Blocks E, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec. 27.6(h)(3).
    (6) Authorizations for Block F, consisting of two paired channels of 
10 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(h)(3).

[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; 69 FR 77950, 
Dec. 29, 2004; 70 FR 58065, Oct. 5, 2005; 72 FR 48845, Aug. 24, 2007]



Sec. 27.12  Eligibility.

    Except as provided in Sec. Sec. 27.604, 27.1201, and 27.1202, 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.

[69 FR 72033, Dec. 10, 2004]



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) 698-763 MHz, 776-793 MHz, 775-776, and 805-806 MHz bands. 
Initial authorizations for the 698-763 MHz and 776-793 MHz bands will 
extend for a term not to exceed ten years from June 13, 2009, except 
that initial authorizations for a Part 27 licensee that provides 
broadcast services, whether exclusively or in combination with other 
services, will

[[Page 325]]

not exceed eight years. Initial authorizations for the 775-776 MHz and 
805-806 MHz bands shall not exceed April 27, 2015. Licensees that 
initiate the provision of a broadcast service, whether exclusively or in 
combination with other services, may not provide this service for more 
than eight years or beyond the end of the license term if no broadcast 
service had been provided, whichever period is shorter in length.
    (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) [Reserved]
    (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.
    (h) BRS and EBS. BRS and EBS authorizations shall have a term not to 
exceed ten years from the date of original issuance or renewal. Unless 
otherwise specified by the Commission, incumbent BRS authorizations 
shall expire on May 1 in the year of expiration.

[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; 69 FR 77950, 
Dec. 29, 2004; 72 FR 27709, May 16, 2007; 72 FR 48845, Aug. 24, 2007; 73 
FR 26038, May 8, 2008; 74 FR 8878, Feb. 27, 2009]



Sec. 27.14  Construction requirements; Criteria for renewal.

    (a) AWS and WCS licensees, with the exception of WCS licensees 
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 
722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz 
bands, or Block D in the 758-763 MHz and 788-793 MHz bands, must, as a 
performance requirement, 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 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

[[Page 326]]

will not be allowed if the modification application is dismissed or 
denied.
    (e) Comparative renewal proceedings do not apply to WCS licensees 
holding authorizations for Block A in the 698-704 MHz, 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block C in the 
710-716 MHz and 740-746 MHz bands, Block D in the 716-722 MHz band, 
Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz 
and 776-787 MHz bands, or Block D in the 758-763 MHz and 788-793 MHz 
bands. Each of these licensees must file a renewal application in 
accordance with the provisions set forth in Sec. 1.949, and must make a 
showing of substantial service, independent of its performance 
requirements, as a condition for renewal at the end of each license 
term.
    (f) Comparative renewal proceedings do not apply to WCS licensees 
holding authorizations for the 698-746 MHz, 747-762 MHz, and 777-792 MHz 
bands. These licensees must file a renewal application in accordance 
with the provisions set forth in Sec. 1.949 of this chapter.
    (g) WCS licensees holding EA authorizations for Block A in the 698-
704 MHz and 728-734 MHz bands, cellular market authorizations for Block 
B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for 
Block E in the 722-728 MHz band, if the results of the first auction in 
which licenses for such authorizations are offered satisfy the reserve 
price for the applicable block, shall provide signal coverage and offer 
service over at least 35 percent of the geographic area of each of their 
license authorizations no later than June 13, 2013 (or within four years 
of initial license grant if the initial authorization in a market is 
granted after June 13, 2009), and shall provide such service over at 
least 70 percent of the geographic area of each of these authorizations 
by the end of the license term. In applying these geographic benchmarks, 
licensees are not required to include land owned or administered by 
government as a part of the relevant service area. Licensees may count 
covered government land for purposes of meeting their geographic 
construction benchmark, but are required to add the covered government 
land to the total geographic area used for measurement purposes. 
Licensees are required to include those populated lands held by tribal 
governments and those held by the Federal Government in trust or for the 
benefit of a recognized tribe.
    (1) If an EA or CMA licensee holding an authorization in these 
particular blocks fails to provide signal coverage and offer service 
over at least 35 percent of the geographic area of its license 
authorization by no later than June 13, 2013 (or within four years of 
initial license grant, if the initial authorization in a market is 
granted after June 13, 2009), the term of that license authorization 
will be reduced by two years and such licensee may be subject to 
enforcement action, including forfeitures. In addition, an EA or CMA 
licensee that provides signal coverage and offers service at a level 
that is below this interim benchmark may lose authority to operate in 
part of the remaining unserved areas of the license.
    (2) If any such EA or CMA licensee fails to provide signal coverage 
and offer service to at least 70 percent of the geographic area of its 
license authorization by the end of the license term, that licensee's 
authorization will terminate automatically without Commission action for 
those geographic portions of its license in which the licensee is not 
providing service, and those unserved areas will become available for 
reassignment by the Commission. Such licensee may also be subject to 
enforcement action, including forfeitures. In addition, an EA or CMA 
licensee that provides signal coverage and offers service at a level 
that is below this end-of-term benchmark may be subject to license 
termination. In the event that a licensee's authority to operate in a 
license area terminates automatically without Commission action, such 
areas will become available for reassignment pursuant to the procedures 
in paragraph (j) of this section.
    (3) For licenses under paragraph (g) of this section, the geographic 
service area to be made available for reassignment must include a 
contiguous area of at least 130 square kilometers (50 square miles), and 
areas smaller than a contiguous area of at least 130 square kilometers 
(50 square miles) will not be deemed unserved.

[[Page 327]]

    (h) WCS licensees holding REAG authorizations for Block C in the 
746-757 MHz and 776-787 MHz bands or REAG authorizations for Block C2 in 
the 752-757 MHz and 782-787 MHz bands shall provide signal coverage and 
offer service over at least 40 percent of the population in each EA 
comprising the REAG license area no later than June 13, 2013 (or within 
four years of initial license grant, if the initial authorization in a 
market is granted after June 13, 2009), and shall provide such service 
over at least 75 percent of the population of each of these EAs by the 
end of the license term. For purposes of compliance with this 
requirement, licensees should determine population based on the most 
recently available U.S. Census Data.
    (1) If a licensee holding a Block C authorization fails to provide 
signal coverage and offer service over at least 40 percent of the 
population in each EA comprising the REAG license area by no later than 
June 13, 2013 (or within four years of initial license grant if the 
initial authorization in a market is granted after June 13, 2009), the 
term of the license authorization will be reduced by two years and such 
licensee may be subject to enforcement action, including forfeitures. In 
addition, a licensee that provides signal coverage and offers service at 
a level that is below this interim benchmark may lose authority to 
operate in part of the remaining unserved areas of the license.
    (2) If a licensee holding a Block C authorization fails to provide 
signal coverage and offer service over at least 75 percent of the 
population in any EA comprising the REAG license area by the end of the 
license term, for each such EA that licensee's authorization will 
terminate automatically without Commission action for those geographic 
portions of its license in which the licensee is not providing service. 
Such licensee may also be subject to enforcement action, including 
forfeitures. In the event that a licensee's authority to operate in a 
license area terminates automatically without Commission action, such 
areas will become available for reassignment pursuant to the procedures 
in paragraph (j) of this section. In addition, a REAG licensee that 
provides signal coverage and offers service at a level that is below 
this end-of-term benchmark within any EA may be subject to license 
termination within that EA.
    (3) For licenses under paragraph (h), the geographic service area to 
be made available for reassignment must include a contiguous area of at 
least 130 square kilometers (50 square miles), and areas smaller than a 
contiguous area of at least 130 square kilometers (50 square miles) will 
not be deemed unserved.
    (i) WCS licensees holding EA authorizations for Block A in the 698-
704 MHz and 728-734 MHz bands, cellular market authorizations for Block 
B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for 
Block E in the 722-728 MHz band, if the results of the first auction in 
which licenses for such authorizations in Blocks A, B, and E are offered 
do not satisfy the reserve price for the applicable block, as well as EA 
authorizations for Block C1 in the 746-752 MHz and 776-782 MHz bands, 
are subject to the following:
    (1) If a licensee holding a cellular market area or EA authorization 
subject to this paragraph (i) fails to provide signal coverage and offer 
service over at least 40 percent of the population in its license area 
by no later than June 13, 2013 (or within four years of initial license 
grant, if the initial authorization in a market is granted after June 
13, 2009), the term of that license authorization will be reduced by two 
years and such licensee may be subject to enforcement action, including 
forfeitures. In addition, such licensee that provides signal coverage 
and offers service at a level that is below this interim benchmark may 
lose authority to operate in part of the remaining unserved areas of the 
license. For purposes of compliance with this requirement, licensees 
should determine population based on the most recently available U.S. 
Census Data.
    (2) If a licensee holding a cellular market area or EA authorization 
subject to this paragraph (i) fails to provide signal coverage and offer 
service over at least 75 percent of the population in its license area 
by the end of

[[Page 328]]

the license term, that licensee's authorization will terminate 
automatically without Commission action for those geographic portions of 
its license in which the licensee is not providing service, and those 
unserved areas will become available for reassignment by the Commission. 
Such licensee may also be subject to enforcement action, including 
forfeitures. In the event that a licensee's authority to operate in a 
license area terminates automatically without Commission action, such 
areas will become available for reassignment pursuant to the procedures 
in paragraph (j) of this section. In addition, such a licensee that 
provides signal coverage and offers service at a level that is below 
this end-of-term benchmark may be subject to license termination. For 
purposes of compliance with this requirement, licensees should determine 
population based on the most recently available U.S. Census Data.
    (3) For licenses under paragraph (i), the geographic service area to 
be made available for reassignment must include a contiguous area of at 
least 130 square kilometers (50 square miles), and areas smaller than a 
contiguous area of at least 130 square kilometers (50 square miles) will 
not be deemed unserved.
    (j) In the event that a licensee's authority to operate in a license 
area terminates automatically under paragraphs (g), (h), or (i) of this 
section, such areas will become available for reassignment pursuant to 
the following procedures:
    (1) The Wireless Telecommunications Bureau is delegated authority to 
announce by public notice that these license areas will be made 
available and establish a 30-day window during which third parties may 
file license applications to serve these areas. During this 30-day 
period, licensees that had their authority to operate terminate 
automatically for unserved areas may not file applications to provide 
service to these areas. Applications filed by third parties that propose 
areas overlapping with other applications will be deemed mutually 
exclusive, and will be resolved through an auction. The Wireless 
Telecommunications Bureau, by public notice, may specify a limited 
period before the filing of short-form applications (FCC Form 175) 
during which applicants may enter into a settlement to resolve their 
mutual exclusivity, subject to the provisions of Sec. 1.935 of this 
chapter.
    (2) Following this 30-day period, the original licensee and third 
parties can file license applications for remaining unserved areas where 
licenses have not been issued or for which there are no pending 
applications. If the original licensee or a third party files an 
application, that application will be placed on public notice for 30 
days. If no mutually exclusive application is filed, the application 
will be granted, provided that a grant is found to be in the public 
interest. If a mutually exclusive application is filed, it will be 
resolved through an auction. The Wireless Telecommunications Bureau, by 
public notice, may specify a limited period before the filing of short-
form applications (FCC Form 175) during which applicants may enter into 
a settlement to resolve their mutual exclusivity, subject to the 
provisions of Sec. 1.935 of this chapter.
    (3) The licensee will have one year from the date the new license is 
issued to complete its construction and provide signal coverage and 
offer service over 100 percent of the geographic area of the new license 
area. If the licensee fails to meet this construction requirement, its 
license will automatically terminate without Commission action and it 
will not be eligible to apply to provide service to this area at any 
future date.
    (k) WCS licensees holding authorizations in the spectrum blocks 
enumerated in paragraphs (g), (h), or (i), including any licensee that 
obtained its license pursuant to the procedures set forth in subsection 
(j), shall demonstrate compliance with performance requirements by 
filing a construction notification with the Commission, within 15 days 
of the expiration of the applicable benchmark, in accordance with the 
provisions set forth in Sec. 1.946(d). The licensee must certify 
whether it has met the applicable performance requirements. The licensee

[[Page 329]]

must file a description and certification of the areas for which it is 
providing service. The construction notifications must include 
electronic coverage maps, supporting technical documentation and any 
other information as the Wireless Telecommunications Bureau may 
prescribe by public notice.
    (l) WCS licensees holding authorizations in the spectrum blocks 
enumerated in paragraphs (g), (h), or (i) of this section, excluding any 
licensee that obtained its license pursuant to the procedures set forth 
in subsection (j) of this section, shall file reports with the 
Commission that provide the Commission, at a minimum, with information 
concerning the status of their efforts to meet the performance 
requirements applicable to their authorizations in such spectrum blocks 
and the manner in which that spectrum is being utilized. The information 
to be reported will include the date the license term commenced, a 
description of the steps the licensee has taken toward meeting its 
construction obligations in a timely manner, including the technology or 
technologies and service(s) being provided, and the areas within the 
license area in which those services are available. Each of these 
licensees shall file its first report with the Commission no later than 
June 13, 2011 and no sooner than 30 days prior to this date. Each 
licensee that meets its interim benchmarks shall file a second report 
with the Commission no later than June 13, 2016 and no sooner than 30 
days prior to this date. Each licensee that does not meet its interim 
benchmark shall file this second report no later than on June 13, 2015 
and no sooner than 30 days prior to this date.
    (m) The WCS licensee holding the authorization for the D Block in 
the 758-763 MHz and 788-793 MHz bands (the Upper 700 MHz D Block 
licensee) shall comply with the following construction requirements.
    (1) The Upper 700 MHz D Block licensee shall provide a signal 
coverage and offer service over at least 75 percent of the population of 
the nationwide Upper 700 MHz D Block license area within four years from 
June 13, 2009, 95 percent of the population of the nationwide license 
area within seven years, and 99.3 percent of the population of the 
nationwide license area within ten years.
    (2) The Upper 700 MHz D Block licensee may modify, to a limited 
degree, its population-based construction benchmarks with the agreement 
of the Public Safety Broadband Licensee and the prior approval of the 
Commission, where such a modification would better serve to meet 
commercial and public safety needs.
    (3) The Upper 700 MHz D Block licensee shall meet the population 
benchmarks based on a performance schedule specified in the Network 
Sharing Agreement, taking into account performance pursuant to Sec. 
27.1327 as appropriate under that rule, and using the most recently 
available U.S. Census Data. The network and signal levels employed to 
meet these benchmarks must be adequate for public safety use, as defined 
in the Network Sharing Agreement, and the services made available must 
include those appropriate for public safety entities that operate in 
those areas. The schedule shall include coverage for major highways and 
interstates, as well as such additional areas that are necessary to 
provide coverage for all incorporated communities with a population in 
excess of 3,000, unless the Public Safety Broadband Licensee and the 
Upper 700 MHz D Block licensee jointly determine, in consultation with a 
relevant community, that such additional coverage will not provide 
significant public benefit.
    (4) The Upper 700 MHz D Block licensee shall demonstrate compliance 
with performance requirements by filing a construction notification with 
the Commission within 15 days of the expiration of the applicable 
benchmark, in accordance with the provisions set forth in Sec. 1.946(d) 
of this chapter. The licensee must certify whether it has met the 
applicable performance requirement and must file a description and 
certification of the areas for which it is providing service. The 
construction notifications must include the following:
    (i) Certifications of the areas that were scheduled for construction 
and service by that date under the Network Sharing Agreement for which 
it is providing service, the type of service it is

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providing for each area, and the type of technology it is utilizing to 
provide this service.
    (ii) Electronic coverage maps and supporting technical documentation 
providing the assumptions used by the licensee to create the coverage 
maps, including the propagation model and the signal strength necessary 
to provide service.
    (n) At the end of its license term, the Upper 700 MHz D Block 
licensee must, in order to renew its license, make a showing of its 
success in meeting the material requirements set forth in the Network 
Sharing Agreement as well as all other license conditions, including the 
performance benchmark requirements set forth in this section.
    (o) BRS and EBS licensees must make a showing of ``substantial 
service'' no later than May 1, 2011. Incumbent BRS licensees must file 
their ``substantial service'' showing with their renewal application. 
``Substantial service'' is defined as service which is sound, favorable, 
and substantially above a level of mediocre service which just might 
minimally warrant renewal. Substantial service for BRS and EBS licensees 
is satisfied if a licensee meets the requirements of paragraph (o)(1) or 
(o)(2) of this section. If a licensee has not met the requirements of 
paragraph (o)(1) or (o)(2) of this section, then demonstration of 
``substantial service'' shall proceed on a case-by-case basis. All 
substantial service determinations will be made on a license-by-license 
basis. Except for BTA licenses, BRS licensees must file their 
``substantial service'' showing with their renewal applications. Failure 
by any licensee to meet this requirement will result in forfeiture of 
the license and the licensee will be ineligible to regain it.
    (1) A BRS or EBS licensee has provided ``substantial service'' by:
    (i) Constructing six permanent links per one million people for 
licensees providing fixed point-to-point services;
    (ii) Providing coverage of at least 30 percent of the population of 
the licensed area for licensees providing mobile services or fixed 
point-to-multipoint services;
    (iii) Providing service to ``rural areas'' (a county (or equivalent) 
with a population density of 100 persons per square mile or less, based 
upon the most recently available Census data) and areas with limited 
access to telecommunications services:
    (A) For mobile service, where coverage is provided to at least 75% 
of the geographic area of at least 30% of the rural areas within its 
service area; or
    (B) for fixed service, where the BRS or EBS licensee has constructed 
at least one end of a permanent link in at least 30% of the rural areas 
within its licensed area.
    (iv) Providing specialized or technologically sophisticated service 
that does not require a high level of coverage to benefit consumers; or
    (v) Providing service to niche markets or areas outside the areas 
served by other licensees.
    (2) An EBS licensee has provided ``substantial service'' when:
    (i) The EBS licensee is using its spectrum (or spectrum to which the 
EBS licensee's educational services are shifted) to provide educational 
services within the EBS licensee's GSA;
    (ii) the EBS licensee's license is actually being used to serve the 
educational mission of one or more accredited public or private schools, 
colleges or universities providing formal educational and cultural 
development to enrolled students; or
    (iii) the level of service provided by the EBS licensee meets or 
exceeds the minimum usage requirements specified in Sec. 27.1214.
    (3) An EBS or BRS licensee may be deemed to provide substantial 
service through a leasing arrangement if the lessee is providing 
substantial service under paragraph (o)(1) of this section. The EBS 
licensee must also be otherwise in compliance with this Chapter 
(including the programming requirements in Sec. 27.1203 of this 
subpart).
    (4) If the GSA of a licensee is less than 1924 square miles in size, 
and there is an overlapping co-channel station licensed or leased by the 
licensee or its affiliate, substantial service may be demonstrated by 
meeting the requirements of paragraph (o)(1) or (o)(2) of this section 
with respect to the combined GSAs of both stations.
    (5) If the GSA of a BTA authorization holder, is less than one-half 
of the area within the BTA for every BRS channel,

[[Page 331]]

substantial service may be demonstrated for the licenses in question by 
meeting the requirements of paragraph (o)(1) or (o)(2) of this section 
with respect to the combined GSAs of the BTA authorization holder, 
together with any incumbent authorizations licensed or leased by the 
licensee or its affiliates.

[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3146, Jan. 20, 2000; 69 
FR 5715, Feb. 6, 2004; 71 FR 35189, June 19, 2006; 72 FR 27709, May 16, 
2007; 72 FR 48846, Aug. 24, 2007; 72 FR 67578, Nov. 29, 2007; 73 FR 
26038, May 8, 2008; 74 FR 8878, Feb. 27, 2009]

    Effective Date Note: At 72 FR 48846, Aug. 24, 2007, Sec. 27.14 was 
amended by revising (a), removing (f), redesignating (e) as new (f), and 
adding (e) and (g) through (n). At 72 FR 67578, Nov. 29, 2007 Sec. 
27.14 was corrected. This text contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



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--(1) Partitioning. (i) 
Except for WCS licensees holding authorizations for Block A in the 698-
704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 
MHz bands, Block E in the 722-728 MHz band, Blocks C, C1, or C2 in the 
746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz and 
788-793 MHz bands, the following rules apply to WCS and AWS licensees 
holding authorizations for purposes of implementing the construction 
requirements set forth in Sec. 27.14. 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 section 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.
    (ii) For WCS licensees holding authorizations for Block A in the 
698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-
740 MHz bands, Block E in the 722-728 MHz band, or Blocks C, C1, and C2 
in the 746-757 MHz and 776-787 MHz bands, the following rules apply for 
purposes of implementing the construction requirements set forth in 
Sec. 27.14. Parties to partitioning agreements have two options

[[Page 332]]

for satisfying the construction requirements set forth in Sec. 27.14. 
Under the first option, the partitioner and partitionee each certifies 
that they will collectively share responsibility for meeting the 
construction requirement for the entire pre-partition geographic license 
area. If the partitioner and partitionee collectively fail to meet the 
construction requirement, then both the partitioner and partitionee will 
be subject to the consequences enumerated in Sec. 27.14(g) and (h) for 
this failure. Under the second option, the partitioner and partitionee 
each certifies that it will independently meet the construction 
requirement for its respective partitioned license area. If the 
partitioner or partitionee fails to meet the construction requirement 
for its respective partitioned license area, then the consequences for 
this failure shall be those enumerated in Sec. 27.14(g) and (h).
    (2) Disaggregation. (i) Except for WCS licensees holding 
authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, 
Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 
MHz band, Blocks C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, 
or Block D in the 758-763 MHz and 788-793 MHz bands, the following rules 
apply to WCS and AWS licensees holding authorizations for purposes of 
implementing the construction requirements set forth in Sec. 27.14. 
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.
    (ii) For WCS licensees holding authorizations for Block A in the 
698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-
740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1, or C2 
in the 746-757 MHz and 776-787 MHz bands, the following rules apply for 
purposes of implementing the construction requirements set forth in 
Sec. 27.14. If either the disaggregator or the disaggregatee meets the 
construction requirements set forth in Sec. 27.14, then these 
requirements will be considered to be satisfied for both parties. If 
neither the disaggregator nor the disaggregatee meets the construction 
requirements, then both parties will be subject to the consequences 
enumerated in Sec. 27.14(g) and (h) for this failure.

[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; 72 FR 48848, Aug. 24, 2007]

    Effective Date Note: At 72 FR 48848, Aug. 24, 2007, Sec. 27.15 was 
amended by revising (d). At 72 FR 67580, Nov. 29, 2007 Sec. 27.15 was 
corrected. This text contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 27.16  Network access requirements for Block C in the 746-757
and 776-787 MHz bands.

    (a) Applicability. This section shall apply only to the 
authorizations for Block C in the 746-757 and 776-787 MHz bands assigned 
and only if the results of the first auction in which licenses for such 
authorizations are offered satisfied the applicable reserve price.
    (b) Use of devices and applications. Licensees offering service on 
spectrum subject to this section shall not deny, limit, or restrict the 
ability of their customers to use the devices and applications of their 
choice on the licensee's C Block network, except:
    (1) Insofar as such use would not be compliant with published 
technical standards reasonably necessary for the management or 
protection of the licensee's network, or

[[Page 333]]

    (2) As required to comply with statute or applicable government 
regulation.
    (c) Technical standards. For purposes of paragraph (b)(1) of this 
section:
    (1) Standards shall include technical requirements reasonably 
necessary for third parties to access a licensee's network via devices 
or applications without causing objectionable interference to other 
spectrum users or jeopardizing network security. The potential for 
excessive bandwidth demand alone shall not constitute grounds for 
denying, limiting or restricting access to the network.
    (2) To the extent a licensee relies on standards established by an 
independent standards-setting body which is open to participation by 
representatives of service providers, equipment manufacturers, 
application developers, consumer organizations, and other interested 
parties, the standards will carry a presumption of reasonableness.
    (3) A licensee shall publish its technical standards, which shall be 
non-proprietary, no later than the time at which it makes such standards 
available to any preferred vendors, so that the standards are readily 
available to customers, equipment manufacturers, application developers, 
and other parties interested in using or developing products for use on 
a licensee's networks.
    (d) Access requests. (1) Licensees shall establish and publish clear 
and reasonable procedures for parties to seek approval to use devices or 
applications on the licensees' networks. A licensee must also provide to 
potential customers notice of the customers' rights to request the 
attachment of a device or application to the licensee's network, and 
notice of the licensee's process for customers to make such requests, 
including the relevant network criteria.
    (2) If a licensee determines that a request for access would violate 
its technical standards or regulatory requirements, the licensee shall 
expeditiously provide a written response to the requester specifying the 
basis for denying access and providing an opportunity for the requester 
to modify its request to satisfy the licensee's concerns.
    (e) Handset locking prohibited. No licensee may disable features on 
handsets it provides to customers, to the extent such features are 
compliant with the licensee's standards pursuant to paragraph (b)of this 
section, nor configure handsets it provides to prohibit use of such 
handsets on other providers' networks.
    (f) Burden of proof. Once a complainant sets forth a prima facie 
case that the C Block licensee has refused to attach a device or 
application in violation of the requirements adopted in this section, 
the licensee shall have the burden of proof to demonstrate that it has 
adopted reasonable network standards and reasonably applied those 
standards in the complainant's case. Where the licensee bases its 
network restrictions on industry-wide consensus standards, such 
restrictions would be presumed reasonable.

[72 FR 48849, Aug. 24, 2007]



Sec. 27.20  Digital television transition education reports.

    (a) The requirements of this section shall apply only with regard to 
WCS license authorizations in Block A in the 698-704 MHz and 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 
722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz 
bands, and Block D in the 758-763 MHz and 788-793 MHz bands.
    (b) By the tenth day of the first calendar quarter after the initial 
grant of a WCS license authorization subject to the requirements of this 
section--and on a quarterly basis thereafter as specified in paragraph 
(c) of this section--the licensee holding such authorization must file a 
report with the Commission indicating whether, in the previous quarter, 
it has taken any outreach efforts to educate consumers about the 
transition from analog broadcast television service to digital broadcast 
television service (DTV) and, if so, what specific efforts were 
undertaken. Thus, for example, if the license authorization is granted 
during the April-June quarter of 2008, the licensee must file its first 
report by July 10, 2008. Each quarterly report, either paper or 
electronic, must be filed with the Commission in Docket Number 07-148. 
If the

[[Page 334]]

quarterly report is a paper filing, the cover sheet must clearly state 
``Report,'' whereas if the report is filed electronically using the 
Commission's Electronic Comment File System (ECFS), the ``Document 
Type'' on the cover sheet should indicate ``REPORT.''
    (c) The reporting requirements under this section cover the 
remaining period of the DTV transition. Accordingly, once the licensee 
files its quarterly report covering the second quarter of 2009, the 
requirements of this section terminate.

[73 FR 15448, Mar. 24, 2008, as amended at 74 FR 8878, Feb. 27, 2009]



                      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 746-763 MHz, 775-793 MHz and 805-806 MHz 
bands:
    (1) Fixed and base stations transmitting a signal in the 757-758 and 
775-776 MHz bands 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) Fixed and base stations transmitting a signal in the 746-757 
MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands with an emission 
bandwidth of 1 MHz or less must not exceed an ERP of 1000 watts and an 
antenna height of 305 m 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.
    (3) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 746-757 MHz, 758-763 MHz, 776-787 MHz, 
and 788-793 MHz bands with an emission bandwidth of 1 MHz or less must 
not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, 
except that antenna heights greater than 305 m HAAT are permitted if 
power levels are reduced below 2000 watts ERP in accordance with Table 2 
of this section.
    (4) Fixed and base stations transmitting a signal in the 746-757 
MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands with an emission 
bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz 
and an antenna height of 305 m HAAT, except that antenna heights greater 
than 305 m HAAT are permitted if power levels are reduced below 1000 
watts/MHz ERP accordance with Table 3 of this section.
    (5) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 746-757 MHz, 758-763 MHz, 776-787 MHz, 
and 788-793 MHz bands with an emission bandwidth greater than 1 MHz must 
not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, 
except that antenna heights greater than 305 m HAAT are permitted if 
power levels are reduced below 2000 watts/MHz ERP in accordance with 
Table 4 of this section.
    (6) Licensees of fixed or base stations transmitting a signal in the 
746-757 MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands at an ERP 
greater than 1000 watts must comply with the provisions set forth in 
paragraph (b)(8) of this section and Sec. 27.55(c).
    (7) Licensees seeking to operate a fixed or base station located in 
a county with population density of 100 or fewer persons per square 
mile, based upon the most recently available population statistics from 
the Bureau of the Census, and transmitting a signal in the 746-757 MHz, 
758-763 MHz, 776-787 MHz, and 788-793 MHz bands at an ERP greater than 
1000 watts must:

[[Page 335]]

    (i) coordinate in advance with all licensees authorized to operate 
in the 698-763 MHz, 775-793, and 805-806 MHz bands within 120 kilometers 
(75 miles) of the base or fixed station;
    (ii) coordinate in advance with all regional planning committees, as 
identified in Sec. 90.527 of this chapter, with jurisdiction within 120 
kilometers (75 miles) of the base or fixed station.
    (8) Licensees authorized to transmit in the 746-757 MHz, 758-763 
MHz, 776-787 MHz, and 788-793 MHz bands and intending to operate a base 
or fixed station at a power level permitted under the provisions of 
paragraph (b)(6) of this section must provide advanced notice of such 
operation to the Commission and to licensees authorized in their area of 
operation. Licensees who must be notified are all licensees authorized 
to operate in the 763-775 MHz and 793-805 MHz bands under part 90 of 
this chapter within 75 km of the base or fixed station and all regional 
planning committees, as identified in Sec. 90.527 of this chapter, with 
jurisdiction within 75 km of the base or fixed station. Notifications 
must provide the location and operating parameters of the base or fixed 
station, including the station's ERP, antenna coordinates, antenna 
height above ground, and vertical antenna pattern, and such 
notifications must be provided at least 90 days prior to the 
commencement of station operation.
    (9) Control stations and mobile stations transmitting in the 746-757 
MHz, 758-763 MHz, 776-793 MHz, and 805-806 MHz bands and fixed stations 
transmitting in the 787-788 MHz and 805-806 MHz bands are limited to 30 
watts ERP.
    (10) Portable stations (hand-held devices) transmitting in the 746-
757 MHz, 758-763 MHz, 776-793 MHz, and 805-806 MHz bands are limited to 
3 watts ERP.
    (11) For transmissions in the 757-758, 775-776, 787-788, and 805-806 
MHz bands, 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.
    (12) For transmissions in the 746-757, 758-763, 776-787, and 788-793 
MHz bands, licensees may employ equipment operating in compliance with 
either the measurement techniques described in paragraph (b)(11) of this 
section or a Commission-approved average power technique. In both 
instances, equipment employed must be authorized in accordance with the 
provisions of Sec. 27.51.
    (c) The following power and antenna height requirements apply to 
stations transmitting in the 698-746 MHz band:
    (1) Fixed and base stations transmitting a signal with an emission 
bandwidth of 1 MHz or less 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) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal with an emission bandwidth of 1 MHz or less 
must not exceed an ERP of 2000 watts and an antenna height of 305 m 
HAAT, except that antenna heights greater than 305 m HAAT are permitted 
if power levels are reduced below 2000 watts ERP in accordance with 
Table 2 of this section;
    (3) Fixed and base stations transmitting a signal with an emission 
bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz 
and an antenna height of 305 m HAAT, except that antenna heights greater 
than 305 m HAAT are permitted if power levels are reduced below 1000 
watts/MHz ERP in accordance with Table 3 of this section;
    (4) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal with

[[Page 336]]

an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 
watts/MHz and an antenna height of 305 m HAAT, except that antenna 
heights greater than 305 m HAAT are permitted if power levels are 
reduced below 2000 watts/MHz ERP in accordance with Table 4 of this 
section;
    (5) Licensees seeking to operate a fixed or base station located in 
a county with population density of 100 or fewer persons per square 
mile, based upon the most recently available population statistics from 
the Bureau of the Census, and transmitting a signal at an ERP greater 
than 1000 watts must:
    (i) coordinate in advance with all licensees authorized to operate 
in the 698-763 MHz, 775-793, and 805-806 MHz bands within 120 kilometers 
(75 miles) of the base or fixed station;
    (ii) coordinate in advance with all regional planning committees, as 
identified in Sec. Sec. 90.527 of this chapter, with jurisdiction 
within 120 kilometers (75 miles) of the base or fixed station.
    (6) Licensees of fixed or base stations transmitting a signal at an 
ERP greater than 1000 watts and greater than 1000 watts/MHz must comply 
with the provisions of paragraph (c)(8) of this section and Sec. 
27.55(b), except that licensees of fixed or base stations located in a 
county with population density of 100 or fewer persons per square mile, 
based upon the most recently available population statistics from the 
Bureau of the Census, must comply with the provisions of paragraph 
(c)(8) of this section and Sec. 27.55(b) only if transmitting a signal 
at an ERP greater than 2000 watts and greater than 2000 watts/MHz;
    (7) A licensee authorized to operate in the 710-716, 716-722, or 
740-746 MHz bands, or in any unpaired spectrum blocks within the 698-746 
MHz band, may operate a fixed or base station at an ERP up to a total of 
50 kW within its authorized, 6 MHz spectrum block if the licensee 
complies with the provisions of Sec. 27.55(b). The antenna height for 
such stations is limited only to the extent required to satisfy the 
requirements of Sec. 27.55(b).
    (8) Licensees intending to operate a base or fixed station at a 
power level permitted under the provisions of paragraph (c)(6) of this 
section must provide advanced notice of such operation to the Commission 
and to licensees authorized in their area of operation. Licensees who 
must be notified are all licensees authorized under this part to operate 
on an adjacent spectrum block within 75 km of the base or fixed station. 
Notifications must provide the location and operating parameters of the 
base or fixed station, including the station's ERP, antenna coordinates, 
antenna height above ground, and vertical antenna pattern, and such 
notifications must be provided at least 90 days prior to the 
commencement of station operation.
    (9) Control and mobile stations are limited to 30 watts ERP;
    (10) Portable stations (hand-held devices) are limited to 3 watts 
ERP; and
    (11) Licensees may employ equipment operating in compliance with 
either the measurement techniques described in paragraph (b)(11) of this 
section or a Commission-approved average power technique. In both 
instances, equipment employed must be authorized in accordance with the 
provisions of Sec. 27.51.
    (d) The following power and antenna height requirements apply to 
stations transmitting in the 1710-1755 MHz and 2110-2155 MHz bands:
    (1) The power of each fixed or base station transmitting in the 
2110-2155 MHz band and located in any county with population density of 
100 or fewer persons per square mile, based upon the most recently 
available population statistics from the Bureau of the Census, is 
limited to a peak equivalent isotropically radiated power (EIRP) of 3280 
watts. The power of each fixed or base station transmitting in the 2110-
2155 MHz band from any other location is limited to a peak EIRP of 1640 
watts. A licensee operating a base or fixed station utilizing a power of 
more than 1640 watts EIRP must coordinate such operations in advance 
with all Government and non-Government satellite entities in the 2025-
2110 MHz band. Operations above 1640 watts EIRP must also be coordinated 
in advance with the following licensees within 120 kilometers (75 miles) 
of the base or fixed station: all Broadband Radio Service (BRS) 
licensees authorized under part 27 in the 2155-2160 MHz band and all AWS 
licensees in the 2110-2155 MHz band.

[[Page 337]]

    (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) [Reserved]
    (h) The following power limits shall apply in the BRS and EBS:
    (1) Main, booster and base stations. (i) The maximum EIRP of a main, 
booster or base station shall not exceed 33 dBW + 10log(X/Y) dBW, where 
X is the actual channel width in MHz and Y is either 6 MHz if prior to 
transition or the station is in the MBS following transition or 5.5 MHz 
if the station is in the LBS and UBS following transition, except as 
provided in paragraph (h)(1)(ii) of this section.
    (ii) 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 dBW in a given direction 
shall be determined by the following formula: EIRP = 33 dBW + 10 log(X/
Y) dBW + 10 log(360/beamwidth) dBW, where X is the actual channel width 
in MHz, Y is either (i) 6 MHz if prior to transition or the station is 
in the MBS following transition or (ii) 5.5 MHz if the station is in the 
LBS and UBS following transition, and beamwidth is the total horizontal 
plane beamwidth of the individual transmitting antenna for the station 
or any sector measured at the half-power points.
    (2) Mobile and other user stations. Mobile stations are limited to 
2.0 watts EIRP. All user stations are limited to 2.0 watts transmitter 
output power.
    (3) For television transmission, 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.
    (4) 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.
    (i) 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.

[[Page 338]]



 Table 1 to Sec. 27.50--Permissible Power and Antenna Heights for Base
and Fixed Stations in the 757-758 and 775-776 MHz Bands and for Base and
 Fixed Stations in the 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793
 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz or
                                  Less
------------------------------------------------------------------------
                                                             Effective
         Antenna height (AAT) in  meters  (feet)          radiated 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 (3500).........................             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
------------------------------------------------------------------------


 Table 2 to Sec. 27.50--Permissible Power and Antenna Heights for Base
and Fixed Stations in the 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-
 793 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz
                                 or Less
------------------------------------------------------------------------
                                                             Effective
         Antenna height (AAT) in  meters  (feet)          radiated power
                                                          (ERP)  (watts)
------------------------------------------------------------------------
Above 1372 (4500).......................................             130
Above 1220 (4000) To 1372 (4500)........................             140
Above 1067 (3500) To 1220 (4000)........................             150
Above 915 (3000) To 1067 (3500).........................             200
Above 763 (2500) To 915 (3000)..........................             280
Above 610 (2000) To 763 (2500)..........................             400
Above 458 (1500) To 610 (2000)..........................             700
Above 305 (1000) To 458 (1500)..........................            1200
Up to 305 (1000)........................................            2000
------------------------------------------------------------------------


 Table 3 to Sec. 27.50--Permissible Power and Antenna Heights for Base
and Fixed Stations in the 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-
 793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater
                               than 1 MHz
------------------------------------------------------------------------
                                                             Effective
                                                          radiated power
         Antenna height (AAT) in  meters  (feet)           (ERP) per MHz
                                                            (watts/MHz)
------------------------------------------------------------------------
Above 1372 (4500).......................................              65
Above 1220 (4000) To 1372 (4500)........................              70
Above 1067 (3500) To 1220 (4000)........................              75
Above 915 (3000) To 1067 (3500).........................             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
------------------------------------------------------------------------


 Table 4 to Sec. 27.50--Permissible Power and Antenna Heights for Base
and Fixed Stations in the 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-
 793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater
                               than 1 MHz
------------------------------------------------------------------------
                                                             Effective
                                                          radiated power
         Antenna height (AAT) in  meters  (feet)           (ERP) per MHz
                                                           (watts/MHz )
------------------------------------------------------------------------
Above 1372 (4500).......................................             130
Above 1220 (4000) To 1372 (4500)........................             140
Above 1067 (3500) To 1220 (4000)........................             150
Above 915 (3000) To 1067 (3500).........................             200

[[Page 339]]

 
Above 763 (2500) To 915 (3000)..........................             280
Above 610 (2000) To 763 (2500)..........................             400
Above 458 (1500) To 610 (2000)..........................             700
Above 305 (1000) To 458 (1500)..........................            1200
Up to 305 (1000)........................................            2000
------------------------------------------------------------------------


[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; 69 FR 72033, Dec. 10, 2004; 69 FR 75172, Dec. 15, 
2004; 69 FR 77950, Dec. 29, 2004; 70 FR 1190, Jan. 6, 2005; 70 FR 58065, 
Oct. 5, 2005; 72 FR 27709, May 16, 2007; 72 FR 48849, Aug. 24, 2007; 72 
FR 67580, Nov. 29, 2007]

    Effective Date Notes: 1. At 72 FR 27709, May 16, 2007, Sec. 27.50 
was amended, in part, by revising paragraph (c). Paragraphs (c) (5) and 
(8) contain information collection and recordkeeping requirements and 
will not become effective until approval has been given by the Office of 
Management and Budget.
    2. At 72 FR 48849, Aug. 24, 2007, Sec. 27.50 was amended by 
revising (b) through (12), (c)(5), (7), (8), (11) and tables 1 through 
4. At 72 FR 67580, Nov. 29, 2007 Sec. 27.50 was corrected. This text 
contains information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget.



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.



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

[[Page 340]]

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/
m\2\/4 kHz in the 2370-2390 MHz band at Arecibo, Puerto Rico.
    (c) For operations in the 746-758 MHz band and the 776-788 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 outside the 746-758 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 776-788 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 763-775 MHz and 793-805 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 763-775 MHz and 793-805 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

[[Page 341]]

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 758-763 MHz and 788-793 MHz bands, the 
power of any emission outside the licensee's frequency bands 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 all frequencies between 769-775 MHz and 799-805 MHz, by a 
factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for 
base and fixed stations;
    (2) On all frequencies between 769-775 MHz and 799-805 MHz, by a 
factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for 
mobile and portable stations;
    (3) On any frequency between 775-788 MHz, above 805 MHz, and below 
758 MHz, by at least 43 + 10 log (P) dB;
    (4) Compliance with the provisions of paragraphs (d)(1) and (d)(2) 
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;
    (5) Compliance with the provisions of paragraph (d)(3) 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.
    (e) For operations in the 775-776 MHz and 805-806 MHz bands, 
transmitters must comply with either paragraphs (e)(1) to (e)(5) of this 
section or the ACP emission limitations set forth in paragraphs (e)(6) 
to (e)(9) of this section.
    (1) On all frequencies between 763-775 MHz and 793-805 MHz, the 
power of any emission outside the licensee's frequency bands of 
operation shall be attenuated below the transmitter power (P) within the 
licensed band(s) of operation, measured in watts, by a factor not less 
than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed 
stations;
    (2) On all frequencies between 763-775 MHz and 793-805 MHz, the 
power of any emission outside the licensee's frequency bands of 
operation shall be attenuated below the transmitter power (P) within the 
licensed band(s) of operation, measured in watts, by a factor not less 
than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and 
portable stations;
    (3) On any frequency outside the 775-776 MHz and 805-806 MHz bands, 
the power of any emission shall be attenuated outside the band below the 
transmitter power (P) within the licensed band(s) of operation, measured 
in watts, by at least 43 + 10 log (P) dB;
    (4) Compliance with the provisions of paragraphs (e)(1) and (e)(2) 
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;
    (5) Compliance with the provisions of paragraph (e)(3) 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) The adjacent channel power (ACP) 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 value for the ACP as a function of 
the displacement from the channel center frequency and measurement 
bandwidth. In the following tables, ``(s)'' indicates a swept 
measurement may be used.

[[Page 342]]



              6.25 kHz Mobile Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
6.25                                              6.25              -40
12.5                                              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
350.00                                          100.00              -65
400 kHz to 12 MHz                     30(s)              -75
12 MHz to paired receive band                    30(s)              -75
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


              12.5 kHz Mobile Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
9.375                                             6.25              -40
15.625                                            6.25              -60
21.875                                            6.25              -60
37.50                                            25.00              -60
62.50                                            25.00              -65
87.50                                            25.00              -65
150.00                                             100              -65
250.00                                             100              -65
350.00                                             100              -65
400 to 12 MHz                         30(s)              -75
12 MHz to paired receive band                    30(s)              -75
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


               25 kHz Mobile Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
15.625                                            6.25              -40
21.875                                            6.25              -60
37.50                                               25              -60
62.50                                               25              -65
87.50                                               25              -65
150.00                                             100              -65
250.00                                             100              -65
350.00                                             100              -65
400 kHz to 12 MHz                     30(s)              -75
12 MHz to paired receive band                    30(s)              -75
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


               150 kHz Mobile Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)        relative (dBc)
------------------------------------------------------------------------
100                                                 50              -40
200                                                 50              -50
300                                                 50              -50
400                                                 50              -50
600-1000                                         30(s)              -60
1000 to receive band                             30(s)              -70
In the receive band                              30(s)             -100
------------------------------------------------------------------------


               6.25 kHz Base Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
6.25                                              6.25              -40
12.50                                             6.25              -60
18.75                                             6.25              -60
25.00                                             6.25              -65
37.50                                               25              -65
62.50                                               25              -65
87.50                                               25              -65
150.00                                             100              -65
250.00                                             100              -65
350.00                                             100              -65
400 kHz to 12 MHz                     30(s)              -80
12 MHz to paired receive band                    30(s)              -80
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


               12.5 kHz Base Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
9.375                                             6.25              -40
15.625                                            6.25              -60
21.875                                            6.25              -60
37.5                                                25              -60
62.5                                                25              -65
87.5                                                25              -65
150                                                100              -65
250                                                100              -65
350.00                                             100              -65
400 kHz to 12 MHz                     30(s)              -80
12 MHz to paired receive band                    30(s)              -80
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


                25 kHz Base Transmitter ACP Requirements
------------------------------------------------------------------------
                                          Measurement
 Offset from center  frequency  (kHz)      bandwidth       Maximum ACP
                                             (kHz)            (dBc)
------------------------------------------------------------------------
15.625                                            6.25              -40
21.875                                            6.25              -60
37.5                                                25              -60
62.5                                                25              -65
87.5                                                25              -65
150                                                100              -65
250                                                100              -65
350                                             100.00              -65
400 kHz to 12 MHz                     30(s)              -80
12 MHz to paired receive band                    30(s)              -80
In the paired receive band                       30(s)             -100
------------------------------------------------------------------------


[[Page 343]]


                150 kHz Base Transmitter ACP Requirements
------------------------------------------------------------------------
                           Measurement
   Offset from center       bandwidth           Maximum ACP  (dBc)
    frequency  (kHz)          (kHz)
------------------------------------------------------------------------
100                                  50   -40
200                                  50   -50
300                                  50   -55
400                                  50   -60
600-1000                          30(s)   -65
1000 to receive band              30(s)   -75 (continues at -6dB/oct
In the receive band               30(s)   -100
------------------------------------------------------------------------

    (7) ACP measurement procedure. The following procedures are to be 
followed for making ACP 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 
ACP 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) Non-swept power measurement. Using a spectrum analyzer capable 
of ACP measurements, set the measurement bandwidth as shown in the 
tables above. Measure the ACP 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 ACP values must be less than the values 
given in the table for each condition above.
    (iii) Swept power measurement. Set a spectrum analyzer to 30 kHz 
resolution bandwidth, 1 MHz video bandwidth and sample mode detection. 
Sweep MHz from 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.
    (8) Out-of-band emission limit. On any frequency outside of the 
frequency ranges covered by the ACP 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.
    (9) Authorized bandwidth. Provided that the ACP requirements of this 
section are met, applicants may request any authorized bandwidth that 
does not exceed the channel size.
    (f) For operations in the 746-763 MHz, 775-793 MHz, and 805-806 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.
    (g) 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.
    (h) 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.

[[Page 344]]

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.
    (i) 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.
    (j) 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.
    (k) 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.
    (l) [Reserved]
    (m) For BRS and EBS stations, the power of any emissions outside the 
licensee's frequency bands of operation shall be attenuated below the 
transmitter power (P) measured in watts in accordance with the standards 
below. If a licensee has multiple contiguous channels, out-of-band 
emissions shall be measured from the upper and lower edges of the 
contiguous channels.
    (1) Prior to the transition, and thereafter, solely within the MBS, 
for analog operations with an EIRP in excess of -9 dBW, the signal 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.
    (2) For digital base stations, the attenuation shall be not less 
than 43 + 10 log (P) dB, unless a documented interference complaint is 
received from an adjacent channel licensee with an overlapping 
Geographic Service Area. Mobile Satellite Service licensees operating on 
frequencies below 2495 MHz may also submit a documented interference 
complaint against BRS licensees operating on channel BRS No. 1 on the 
same terms and conditions as adjacent channel BRS or EBS licensees. 
Provided that a documented interference complaint cannot be mutually 
resolved between the parties prior to the applicable deadline, then the 
following additional attenuation requirements shall apply:
    (i) If a pre-existing base station suffers harmful interference from 
emissions caused by a new or modified base station located 1.5 km or 
more away, within 24 hours of the receipt of a documented interference 
complaint the licensee of the new or modified base station must 
attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 
megahertz, above or below, from the channel edge of its frequency block 
and shall immediately notify the complaining licensee upon 
implementation of the additional attenuation. No later than 60 days 
after the implementation of such additional attenuation, the licensee of 
the complaining base station must attenuate its base station emissions 
by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, 
from the channel edge of its frequency block of the new or modified base 
station.
    (ii) If a pre-existing base station suffers harmful interference 
from emissions caused by a new or modified base

[[Page 345]]

station located less than 1.5 km away, within 24 hours of receipt of a 
documented interference complaint the licensee of the new or modified 
base station must attenuate its emissions by at least 67 + 10 log (P)-20 
log (Dkm/1.5) dB measured at 3 megahertz, above or below, from the 
channel edge of its frequency block of the complaining licensee, or if 
both base stations are co-located, limit its undesired signal level at 
the pre-existing base station receiver(s) to no more than -107 dBm 
measured in a 5.5 megahertz bandwidth and shall immediately notify the 
complaining licensee upon such reduction in the undesired signal level. 
No later than 60 days after such reduction in the undesired signal 
level, the complaining licensee must attenuate its base station 
emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above 
or below, from the channel edge of its frequency block of the new or 
modified base station.
    (iii) If a new or modified base station suffers harmful interference 
from emissions caused by a pre-existing base station located 1.5 km or 
more away, within 60 days of receipt of a documented interference 
complaint the licensee of each base station must attenuate its base 
station emissions by at least 67 + 10 log (P) dB measured at 3 
megahertz, above or below, from the channel edge of its frequency block 
of the other licensee.
    (iv) If a new or modified base station suffers harmful interference 
from emissions caused by a pre-existing base station located less than 
1.5 km away, within 60 days of receipt of a documented interference 
complaint: (a) The licensee of the new or modified base station must 
attenuate its OOBE by at least 67 + 10 log (P)-20 log (Dkm/1.5) measured 
3 megahertz above or below, from the channel edge of its frequency block 
of the other licensee, or if the base stations are co-located, limit its 
undesired signal level at the other base station receiver(s) to no more 
than -107 dBm measured in a 5.5-megahertz bandwidth; and (b) the 
licensee causing the interference must attenuate its emissions by at 
least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from 
the channel edge of its frequency block of the new or modified base 
station.
    (v) For all fixed digital user stations, the attenuation factor 
shall be not less than 43 + 10 log (P) dB at the channel edge.
    (3) Prior to transition and thereafter solely within the MBS, and 
notwithstanding paragraph (l)(2) of this section, the maximum out-of-
band power of a digital transmitter operating on a single 6 MHz channel 
with an EIRP in excess of -9 dBW employing digital modulation for the 
primary purpose of transmitting video programming 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.
    (4) For mobile digital stations, the attenuation factor shall be not 
less than 43 + 10 log (P) dB at the channel edge and 55 + 10 log (P) dB 
at 5.5 megahertz from the channel edges. Mobile Satellite Service 
licensees operating on frequencies below 2495 MHz may also submit a 
documented interference complaint against BRS licensees operating on BRS 
Channel 1 on the same terms and conditions as adjacent channel BRS or 
EBS licensees.
    (5) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) 
of this section, prior to transition, a licensee may continue to operate 
facilities deployed as of January 10, 2005 provided that such facilities 
operate in compliance with the emission mask applicable to those 
services prior to January 10, 2005.
    (6) 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

[[Page 346]]

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. With respect to television operations, measurements 
must be made of the separate visual and aural operating powers at 
sufficiently frequent intervals to ensure compliance with the rules.
    (7) 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.
    (n) 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; 69 FR 72033, 
Dec. 10, 2004; 69 FR 77950, Dec. 29, 2004; 70 FR 1190, Jan. 6, 2005; 70 
FR 21664, Apr. 27, 2005; 71 FR 35190, June 19, 2006; 72 FR 48851, Aug. 
24, 2007; 73 FR 26039, May 8, 2008]



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  Power 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[micro]V/m.
    (2) 698-758 and 775-787 MHz bands: 40 dB[micro]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[micro]V/m.
    (4) BRS and EBS: 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 services areas and to 
partitioned services areas. Licensees may exceed this signal level where 
there is no affected licensee that is constructed and providing service. 
Once the affected licensee is providing service, the original licensee 
will be required to take whatever steps necessary to comply with the 
applicable power level at its GSA boundary, absent consent from the 
affected licensee.
    (i) Prior to transition, the signal strength at any point along the 
licensee's GSA boundary does not exceed the greater of that permitted 
under the licensee's Commission authorizations as of January 10, 2005 or 
47 dB[micro]V/m.
    (ii) Following transition, for stations in the LBS and UBS, the 
signal strength at any point along the licensee's GSA boundary must not 
exceed 47 dB[micro]V/m. This field strength is to be measured at 1.5 
meters above the ground over the channel bandwidth (i.e., each 5.5 MHz 
channel for licensees that hold a full channel block, and for the 5.5 
MHz channel for licensees that hold individual channels).
    (iii) Following transition, for stations in the MBS, the signal 
strength at any point along the licensee's GSA boundary must not exceed 
the greater of -73.0 + 10 log(X/6) dBW/m\2\, where X is the bandwidth in 
megahertz of the channel, or for facilities that are substantially 
similar to the licensee's pre-

[[Page 347]]

transition facilities (including modifications that do not alter the 
fundamental nature or use of the transmissions), the signal strength at 
such point that resulted from the station's operations immediately prior 
to the transition, provided that such operations complied with paragraph 
(a)(4)(i) of this section.
    (b) Power flux density limit for stations operating in the 698-746 
MHz bands. For base and fixed stations operating in the 698-746 MHz band 
in accordance with the provisions of Sec. 27.50(c)(6), 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.
    (c) Power flux density limit for stations operating in the 746-757 
MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands. For base and fixed 
stations operating in the 746-757 MHz, 758-763 MHz, 776-787 MHz, and 
788-793 MHz bands in accordance with the provisions of Sec. 
27.50(b)(6), 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, as amended at 69 FR 72034, Dec. 10, 2004; 72 
FR 27712, May 16, 2007; 72 FR 48852, Aug. 24, 2007; 73 FR 26040, May 8, 
2008]



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 operations in WCS spectrum shall be subject to 
international satellite coordination procedures.
    (b) Operation in the 698-763 MHz, 775-793 MHz, and 805-806 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

[[Page 348]]

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; 72 FR 48852, Aug. 24, 2007]



Sec. 27.58  Interference to BRS/EBS receivers.

    (a) WCS licensees shall bear full financial obligation to remedy 
interference to BRS/EBS 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 BRS/EBS 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 BRS/EBS downconverter is located within a WCS transmitter's 
free space power flux density contour of -34 dBW/m\2\; and
    (5) The BRS/EBS 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 BRS/EBS 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 BRS/EBS licensees in 
or through whose licensed service areas they intend to operate of the 
technical parameters of the WCS transmission facility. WCS and BRS/EBS 
licensees are expected to coordinate voluntarily and in good faith to 
avoid interference problems and to allow the greatest operational 
flexibility in each other's operations.

[62 FR 16498, Apr. 7, 1997, as amended at 69 FR 72034, Dec. 10, 2004]



Sec. 27.59  [Reserved]



Sec. 27.60  TV/DTV interference protection criteria.

    Base, fixed, control, and mobile transmitters in the 698-763 MHz, 
775-793 MHz, and 805-806 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[micro]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[micro]V/m) (88.5 
kilometers (55 miles)) of the DTV station; or
    (iii) For transmitters operating in the 746-763 MHz, 775-793 MHz, 
and 805-806 MHz frequency bands, 17 dB at the equivalent Grade B contour 
(41 dB[micro]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[micro]V/m) (88.5 kilometers (55 
miles)) of the TV station or -23 dB at the equivalent Grade B contour 
(41 dB[micro]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 698-763 MHz, 775-793 
MHz, and 805-806 MHz station to

[[Page 349]]

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 parameters of the land mobile station and the 
parameters, including authorized and/or applied for facilities, 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 746-763 MHz, 775-787 MHz, and 
788-793 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[micro]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[micro]V/m for TV 
and 41 dB[micro]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[micro]V/m 
for TV and 41 dB[micro]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. 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 787-788 MHz and 805-806 MHz

[[Page 350]]

bands and control and mobile stations (including portables) that operate 
in the 698-757 MHz, 758-763 MHz, 776-787 MHz, and 788-793 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 787-788 MHz and 805-806 MHz bands and control and 
mobile stations (including portables) that operate in the 746-757 MHz, 
758-763 MHz, 776-787 MHz, and 788-793 MHz bands, 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[micro]V/m).
    (C) For control, fixed, and mobile stations (including portables) 
that operate in the 787-788 MHz and 805-806 MHz bands and control and 
mobile stations (including portables) that operate in the 698-757 MHz, 
758-763 MHz, 776-787 MHz, and 788-793 MHz bands, 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 (55mi) Grade B service contour (64 
dB[micro]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[micro]V/m signal strength and the distance 
to the F(50,90) curve. See Sec. 73.625 of this chapter.

[72 FR 48852, Aug. 24, 2007]



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 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

[[Page 351]]

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 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]

[[Page 352]]



Sec. 27.70  Information exchange.

    (a) Prior notification. Public safety licensees authorized to 
operate in the 763-775 MHz and 793-805 MHz bands may notify any licensee 
authorized to operate in the 746-757, 758-763, 776-787, or 788-793 MHz 
bands that they wish to receive prior notification of the activation or 
modification of the licensee's base or fixed stations in their area. 
Thereafter, the 746-757, 758-763, 776-787, or 788-793 MHz band licensee 
must provide the following information to the public safety licensee at 
least 10 business days before a new base or fixed station is activated 
or an existing base or fixed station is modified:
    (1) Location;
    (2) Effective radiated power;
    (3) Antenna height; and
    (4) Channels available for use.
    (b) Purpose of prior notification. The prior coordination of base or 
fixed stations is for informational purposes only. Public safety 
licensees are not afforded the right to accept or reject the activation 
of a proposed base or fixed station or to unilaterally require changes 
in its operating parameters. The principal purposes of notification are 
to:
    (1) Allow a public safety licensee to advise the 746-757, 758-763, 
776-787, or 788-793 MHz band licensee whether it believes a proposed 
base or fixed station will generate unacceptable interference;
    (2) Permit 746-757, 758-763, 776-787, and 788-793 MHz band licensees 
to make voluntary changes in base or fixed station parameters when a 
public safety licensee alerts them to possible interference; and,
    (3) Rapidly identify the source if interference is encountered when 
the base or fixed station is activated.

[72 FR 27712, May 16, 2007, as amended at 72 FR 48853, Aug. 24, 2007]



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

[[Page 353]]

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 776-787 MHz and 
788-793 MHz bands 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;
    (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,

[[Page 354]]

the Commission may impose restrictions on the operations of any of the 
parties involved.

[67 FR 49245, July 30, 2002, as amended at 72 FR 48853, Aug. 24, 2007]



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.



Sec. Sec. 27.322-27.325  [Reserved]



    Subpart F_Competitive Bidding Procedures for the 698	806 MHz Band

    Source: 65 FR 3149, Jan. 20, 2000, unless otherwise noted.



Sec. 27.501  746-763 MHz, 775-793 MHz, and 805-806 MHz bands subject 
to competitive bidding.

    Mutually exclusive initial applications for licenses in the 746-763 
MHz, 775-793 MHz, and 805-806 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.

[72 FR 48852, Aug. 24, 2007]



Sec. 27.502  Designated entities.

    Eligibility for small business provisions:
    (a)(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. A winning bidder that qualifies as a small 
business or a consortium of small businesses as defined in this section 
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 or a 
consortium of very small businesses as defined in this section may use 
the bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter.

[72 FR 63499, Nov. 9, 2007]



 Subpart G_ Guard Band A and B Blocks (757	758/787	788 MHz and 775	776/
                           805	806 MHz Bands)

    Source: 65 FR 17605, Apr. 4, 2000, unless otherwise noted.



Sec. 27.601  Authority and coordination requirements.

    (a) Subject to the provisions of Sec. 27.2(b), a Guard Band 
licensee may allow a spectrum lessee, pursuant to a spectrum lease 
arrangement under part 1, subpart X of this chapter, to construct and 
operate stations at any available site within the licensed area and on 
any channel for which the Guard Band licensee is licensed, provided such 
stations comply with Commission Rules and coordination requirements.
    (b) Subject to the provisions of Sec. 27.2(b), a Guard Band 
licensee may allow a spectrum lessee, pursuant to a

[[Page 355]]

spectrum lease arrangement under part 1, subpart X of this chapter, to 
delete, move or change the operating parameters of any of the user's 
stations that are covered under the Guard Band licensee's authorization 
without prior Commission approval, provided such stations comply with 
Commission Rules and coordination requirements.
    (c) Frequency coordination.(1) A Guard Band licensee, or a spectrum 
lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum 
lease arrangement under Sec. Sec. 1.9030 and 1.9035 of this chapter, 
must notify Commission-recognized public safety frequency coordinators 
for the 700 MHz Public Safety band and adjacent-area Guard Band 
licensees within one business day after the licensee or the spectrum 
lessee 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 (c)(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, in the alternative, a description of the type of 
operation.
    (3) In the event a licensee partitions its service area or 
disaggregates its spectrum, it is required to submit the notification 
required in paragraph (c)(1) of this section to other Guard Band 
licensees in the same geographic area.
    (4) Entities coordinated by a Guard Band licensee, or a spectrum 
lessee operating pursuant to a spectrum lease arrangement under 
Sec. Sec. 1.9030 and 1.9035 of this chapter, must wait at least 10 
business days after the notification required in paragraph (c)(1) of 
this section before operating under the license.
    (d) 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 licensee must comply with the notification and 
authorization requirements set forth in that section.

[72 FR 27712, May 16, 2007, as amended at 72 FR 48853, Aug. 24, 2007]



Sec. 27.602  Lease agreements.

    Guard Band licensees may enter into spectrum leasing arrangements 
under part 1, subpart X of this chapter regarding the use of their 
licensed spectrum by spectrum lessees, subject to the following 
conditions:
    (a) The spectrum lease agreement between the licensee and the 
spectrum lessee must specify in detail the operating parameters of the 
spectrum lessee'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).
    (b) The spectrum lease agreement must require the spectrum lessee to 
use Commission-approved equipment where appropriate and to complete 
post-construction proofs of system performance prior to system 
activation.

[72 FR 27713, May 16, 2007]



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. 27.607  Performance requirements and annual reporting requirement.

    (a) Guard Band licensees are subject to the performance requirements 
specified in Sec. 27.14(a).
    (b) Guard Band licensees 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

[[Page 356]]

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 licensees must, at a minimum, include the following 
information in their annual reports:
    (1) The total number of spectrum lessees;
    (2) The amount of the licensee's spectrum being used pursuant to 
spectrum lease agreements;
    (3) The nature of the spectrum use of the licensee's customers; and,
    (4) The length of term of each spectrum lease agreement, and whether 
the agreement is a spectrum manager lease agreement, or a de facto 
transfer lease agreement.
    (d) The specific information that licensees 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.

[72 FR 27713, May 16, 2007]



    Subpart H_Competitive Bidding Procedures for the 698	746 MHz Band

    Source: 67 FR 5512, Feb. 6, 2002, unless otherwise noted.



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:

[[Page 357]]

    (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 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.

[[Page 358]]



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.
    (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 [Reserved]



       Subpart L_1710	1755 MHz, 2110	2155 MHz, 2160	2180 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

[[Page 359]]

CFR part 1, subpart Q will apply unless otherwise provided in this 
subpart.



Sec. 27.1102  Designated Entities in the 1710-1755 MHz and 2110-2155 MHz bands.

    (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.
    (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 22, subpart E and part 101, subpart B of this chapter contain 
provisions governing the relocation of incumbent fixed microwave service 
licensees in the 2110-2150 MHz band.

[71 FR 29835, May 24, 2006]

                   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 incumbent operations in the 2150-2160/62 MHz band.

    All AWS licensees, prior to initiating operations from any base or 
fixed station, shall follow the provisions of Sec. 27.1255 of this 
part.

[71 FR 29835, May 24, 2006]



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

[[Page 360]]

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.
    (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
                                                                 (km)
------------------------------------------------------------------------
Cherry Point,                  100
 NC34[deg]58[min] N,
 076[deg]56[min] W.
Yuma, AZ32[deg]32[min] N,      120
 113[deg]58[min] W.
China Lake, CA35[deg]41[min]   120
 N, 117[deg]41[min] W.
Eglin AFB, FL30[deg]29[min]    120
 N, 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, NV36[deg]14[min]   160
 N, 115[deg]02[min] W.
Hill AFB, UT41[deg]07[min] N,  160
 111[deg]58[min] W.
Patuxent River,                80
 MD38[deg]17[min] N,
 076[deg]25[min] W.
White Sands Missile Range,     80
 NM33[deg]00[min] N,
 106[deg]30[min] W.
Fort Irwin, CA35[deg]16[min]   50
 N, 116[deg]41[min] W.
Fort Rucker, AL31[deg]13[min]  50
 N, 085[deg]49[min] W.
Fort Bragg, NC35[deg]09[min]   50
 N, 079[deg]01[min] W.
Fort Campbell,                 50
 KY36[deg]41[min] N,
 087[deg]28[min] W.
Fort Lewis, WA47[deg]05[min]   50
 N, 122[deg]36[min] W.
Fort Benning,                  50
 GA32[deg]22[min] N,
 084[deg]56[min] W.
Fort Stewart,                  50
 GA31[deg]52[min] N,
 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).

[[Page 361]]

    (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 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
----------------------------------------------------------------------------------------------------------------


[69 FR 5716, Feb. 6, 2004, as amended at 73 FR 50571, Aug. 27, 2008]



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.

Cost-Sharing Policies Governing Microwave Relocation From the 2110-2150 
                       MHz and 2160-2200 MHz Bands

    Source: Sections 27.1160 through 27.1174 appear at 71 FR 29835, May 
24, 2006, unless otherwise noted.



Sec. 27.1160  Cost-sharing requirements for AWS.

    Frequencies in the 2110-2150 MHz and 2160-2180 MHz bands listed in 
Sec. 101.147 of this chapter have been reallocated from Fixed Microwave 
Services (FMS) to use by AWS (as reflected in Sec. 2.106) of this 
chapter. In accordance with procedures specified in Sec. 22.602 and 
Sec. Sec. 101.69 through 101.82 of this chapter, AWS entities are 
required to relocate the existing microwave licensees in these bands if 
interference to the existing microwave licensee would occur. All AWS 
entities that benefit from the clearance of this spectrum by other AWS 
entities or by a voluntarily relocating microwave incumbent must 
contribute to such relocation costs. AWS entities may satisfy their 
reimbursement requirement by entering into private cost-sharing 
agreements or agreeing to terms other than those specified in Sec. 
27.1164. However, AWS entities are required to reimburse other AWS 
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. 27.1162) 
from AWS entities or other Emerging Technologies (ET) entities, 
including Mobile Satellite Service (MSS) operators (for Ancillary 
Terrestrial Component (ATC) base stations), that are not parties to the 
agreement. The cost-sharing plan is in effect during all phases of 
microwave relocation specified in Sec. 22.602 and 101.69 of this 
chapter. If an AWS licensee enters into a spectrum leasing arrangement 
(as set forth in part 1, subpart X of this chapter) and the spectrum 
lessee triggers a cost-sharing obligation, the licensee is the

[[Page 362]]

AWS entity responsible for satisfying the cost-sharing obligations under 
Sec. Sec. 27.1160-27.1174.



Sec. 27.1162  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will select one or more entities to operate as a neutral, not-for-profit 
clearinghouse(s). This clearinghouse(s) will administer the cost-sharing 
plan by, inter alia, determining the cost-sharing obligation of AWS and 
other ET entities for the relocation of FMS incumbents from the 2110-
2150 MHz and 2160-2200 MHz bands. The clearinghouse filing requirements 
(see Sec. Sec. 27.1166(a), 27.1170) will not take effect until an 
administrator is selected.



Sec. 27.1164  The cost-sharing formula.

    An AWS 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] TR24MY06.007

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link(s). 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. Increased recurring costs 
represent part of the actual cost of relocation and, even if the 
compensation to the incumbent is in the form of a commitment to pay five 
years of charges, the AWS or MSS/ATC relocator is entitled to seek 
immediate reimbursement of the lump sum amount based on present value 
using current interest rates, provided it has entered into a legally 
binding agreement to pay the charges. 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. Hard costs are defined as the 
actual costs associated with providing a replacement system, such as 
equipment and engineering expenses. C may not exceed $250,000 per paired 
link, with an additional $150,000 permitted if a new or modified tower 
is required.
    (c) N equals the number of AWS and MSS/ATC entities that have 
triggered a cost-sharing obligation. For the AWS relocator, N=1. For the 
next AWS entity triggering a cost-sharing obligation,

[[Page 363]]

N=2, and so on. In the case of a voluntarily relocating microwave 
incumbent, N=1 for the first AWS entity triggering a cost-sharing 
obligation. For the next AWS or MSS/ATC entity triggering a cost-sharing 
obligation, N=2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the AWS or MSS/ATC relocator or voluntarily relocating microwave 
incumbent obtains reimbursement rights for the link and the month in 
which an AWS entity triggers a cost-sharing obligation. An AWS or MSS/
ATC 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.



Sec. 27.1166  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. Claims for reimbursement 
under the cost-sharing plan are limited to relocation expenses incurred 
on or after the date when the first AWS license is issued in the 
relevant AWS band (start date). If a clearinghouse is not selected by 
that date (see Sec. 27.1162) claims for reimbursement (see Sec. 
27.1166) and notices of operation (see Sec. 27.1170) for activities 
that occurred after the start date but prior to the clearinghouse 
selection must be submitted to the clearinghouse within 30 calendar days 
of the selection date.
    (1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator 
must submit documentation of the relocation agreement to the 
clearinghouse within 30 calendar days of the date a relocation agreement 
is signed with an incumbent. In the case of involuntary relocation, an 
AWS relocator or MSS/ATC relocator must submit documentation of the 
relocated system within 30 calendar days after the end of the 
relocation.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation of the link to the 
clearinghouse within 30 calendar 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 AWS 
relocator, MSS/ATC relocator, or the voluntarily relocating microwave 
incumbent, must submit documentation itemizing the amount spent for 
items specifically listed in Sec. 27.1164(b), as well as any 
reimbursable items not specifically listed in Sec. 27.1164(b) that are 
directly attributable to actual relocation costs. Specifically, the AWS 
relocator, MSS/ATC relocator, or the voluntarily relocating microwave 
incumbent must submit, in the first instance, only the uniform cost data 
requested by the clearinghouse along with a copy, without redaction, of 
either the relocation agreement, if any, or the third party appraisal 
described in (b)(1), if relocation was undertaken by the microwave 
incumbent. AWS relocators, MSS/ATC relocators and voluntarily relocating 
microwave incumbents must maintain documentation of cost-related issues 
until the applicable sunset date and provide such documentation upon 
request, to the clearinghouse, the Commission, or entrants that trigger 
a cost-sharing obligation. If an AWS relocator pays a microwave 
incumbent a monetary sum to relocate its own facilities, the AWS 
relocator must estimate the costs associated with relocating the 
incumbent by itemizing the anticipated cost for items listed in Sec. 
27.1164(b). If the sum paid to the incumbent cannot be accounted for, 
the remaining amount is not eligible for reimbursement.
    (1) Third party appraisal. 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. 27.1164(b).

[[Page 364]]

    (2) Identification of links. The AWS relocator, MSS/ATC 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). Where the AWS relocator, MSS/ATC 
relocator, or voluntarily relocating microwave incumbent relocates both 
paths of a paired channel microwave link (e.g., 2110-2130 MHz with 2160-
2180 MHz and 2130-2150 MHz with 2180-2200 MHz), the AWS relocator, MSS/
ATC relocator, or voluntarily relocating microwave incumbent must 
identify the expenses associated with each paired microwave link.
    (c) Full Reimbursement. An AWS 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. 
27.1164(b). Such reimbursement will not be subject to depreciation under 
the cost-sharing formula.
    (d) Good Faith Requirement. New entrants and incumbent licensees are 
expected to act in good faith in satisfying the cost-sharing obligations 
under Sec. Sec. 27.1160 through 27.1174. The requirement to act in good 
faith extends to, but is not limited to, the preparation and submission 
of the documentation required in paragraph (b) of this section.
    (e) MSS Participation in the Clearinghouse. MSS operators are not 
required to submit reimbursements to the clearinghouse for links 
relocated due to interference from MSS space-to-Earth downlink 
operations, but may elect to do so, in which case the MSS operator must 
identify the reimbursement claim as such and follow the applicable 
procedures governing reimbursement in part 27. MSS reimbursement rights 
and cost-sharing obligations for space-to-Earth downlink operations are 
governed by Sec. 101.82 of this chapter.
    (f) Reimbursement for Self-relocating FMS links in the 2130-2150 MHz 
and 2180-2200 MHz bands. Where a voluntarily relocating microwave 
incumbent relocates a paired microwave link with paths in the 2130-2150 
MHz and 2180-2200 MHz bands, it may not seek reimbursement from MSS 
operators (including MSS/ATC operators), but is entitled to partial 
reimbursement from the first AWS beneficiary, equal to fifty percent of 
its actual costs for relocating the paired link, or half of the 
reimbursement cap in Sec. 27.1164(b), whichever is less. This amount is 
subject to depreciation as specified Sec. 27.1164(b). An AWS licensee 
who is obligated to reimburse relocation costs under this rule is 
entitled to obtain reimbursement from other AWS beneficiaries in 
accordance with Sec. Sec. 27.1164 and 27.1168. For purposes of applying 
the cost-sharing formula relative to other AWS licensees that benefit 
from the self-relocation, the fifty percent attributable to the AWS 
entrant shall be treated as the entire cost of the link relocation, and 
depreciation shall run from the date on which the clearinghouse issues 
the notice of an obligation to reimburse the voluntarily relocating 
microwave incumbent. The cost-sharing obligations for MSS operators in 
the 2180-2200 MHz band are governed by Sec. 101.82 of this chapter.



Sec. 27.1168  Triggering a Reimbursement Obligation.

    (a) The clearinghouse will apply the following test to determine 
when an AWS entity or MSS/ATC entity has triggered a cost-sharing 
obligation and therefore must pay an AWS relocator, MSS relocator 
(including MSS/ATC), or a voluntarily relocating microwave incumbent in 
accordance with the formula detailed in Sec. 27.1164:
    (1) All or part of the relocated microwave link was initially co-
channel with the licensed AWS band(s) of the AWS entity or the selected 
assignment of the MSS operator that seeks and obtains ATC authority (see 
Sec. 25.149(a)(2)(i) of this chapter);
    (2) An AWS relocator, MSS relocator (including MSS/ATC) or a 
voluntarily relocating microwave incumbent has paid the relocation costs 
of the microwave incumbent; and
    (3) The AWS or MSS entity is operating or preparing to turn on a 
fixed base station (including MSS/ATC) at commercial power and the fixed 
base station is located within a rectangle (Proximity Threshold) 
described as follows:

[[Page 365]]

    (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] TR24MY06.008

    (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 AWS or MSS/ATC entity of the total amount of its 
reimbursement obligation.
    (b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC 
entity may not avoid paying its cost-sharing obligation by 
deconstructing or modifying its facilities.



Sec. 27.1170  Payment Issues.

    Prior to initiating operations for a newly constructed site or 
modified existing site, an AWS entity or MSS/ATC entity is required to 
file a notice containing site-specific data with the clearinghouse. The 
notice regarding the new or modified site must provide a detailed 
description of the proposed site's spectral frequency use and geographic 
location, including but not limited to the applicant's name and address, 
the name of the transmitting base station, the geographic coordinates 
corresponding to that base station, the frequencies and polarizations to 
be added, changed or deleted, and the emission designator. If a prior 
coordination notice (PCN) under Sec. 101.103(d) of this chapter is 
prepared, AWS entities can satisfy the site-data filing requirement by 
submitting a copy of their PCN to the clearinghouse. AWS entities or 
MSS/ATC entities that file either a notice or a PCN have a continuing 
duty to maintain the accuracy of the site-specific data on file with the 
clearinghouse. Utilizing the site-specific data, the clearinghouse will 
determine if any reimbursement obligation exists and notify the AWS 
entity or MSS/ATC entity in writing of its repayment obligation, if any. 
When the AWS entity or MSS/ATC entity receives a written copy of such 
obligation, it must pay directly to the relocator the amount owed within 
30 calendar days.

[[Page 366]]



Sec. 27.1172  Dispute Resolution Under the Cost-Sharing Plan.

    (a) 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 Alternative Dispute Resolution (ADR) procedures, such 
as binding arbitration, mediation, or other ADR techniques.
    (b) Evidentiary requirement. Parties of interest contesting the 
clearinghouse's determination of specific cost-sharing obligations must 
provide evidentiary support to demonstrate that their calculation is 
reasonable and made in good faith. Specifically, these parties are 
expected to exercise due diligence to obtain the information necessary 
to prepare an independent estimate of the relocation costs in question 
and to file the independent estimate and supporting documentation with 
the clearinghouse.



Sec. 27.1174  Termination of Cost-Sharing Obligations.

    The cost-sharing plan will sunset for all AWS and MSS (including 
MSS/ATC) entities on the same date on which the relocation obligation 
for the subject AWS band (i.e., 2110-2150 MHz, 2160-2175 MHz, or 2175-
2180 MHz) in which the relocated FMS link was located terminates. AWS or 
MSS (including MSS/ATC) entrants that trigger a cost-sharing obligation 
prior to the sunset date must satisfy their payment obligation in full.

Cost-Sharing Policies Governing Broadband Radio Service Relocation From 
                        the 2150-2160/62 MHz Band

    Source: Sections 27.1176 through 27.1190 appear at 71 FR 29835, May 
24, 2006, unless otherwise noted.



Sec. 27.1176  Cost-sharing requirements for AWS in the 2150-2160/62 MHz band.

    (a) Frequencies in the 2150-2160/62 MHz band have been reallocated 
from the Broadband Radio Service (BRS) to AWS. All AWS entities who 
benefit from another AWS entity's clearance of BRS incumbents from this 
spectrum, including BRS incumbents occupying the 2150-2162 MHz band on a 
primary basis, must contribute to such relocation costs. Only AWS 
entrants that relocate BRS incumbents are entitled to such 
reimbursement.
    (b) AWS entities may satisfy their reimbursement requirement by 
entering into private cost-sharing agreements or agreeing to terms other 
than those specified in Sec. 27.1180. However, AWS entities are 
required to reimburse other AWS entities 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. 27.1178) from AWS entities that are 
not parties to the agreement. The cost-sharing plan is in effect during 
all phases of BRS relocation until the end of the period specified in 
Sec. 27.1190. If an AWS licensee enters into a spectrum leasing 
arrangement and the spectrum lessee triggers a cost-sharing obligation, 
the licensee is the AWS entity responsible for satisfying cost-sharing 
obligations under these rules.



Sec. 27.1178  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will select one or more entities to operate as a neutral, not-for-profit 
clearinghouse(s). This clearinghouse(s) will administer the cost-sharing 
plan by, inter alia, determining the cost-sharing obligations of AWS 
entities for the relocation of BRS incumbents from the 2150-2162 MHz 
band. The clearinghouse filing requirements (see Sec. Sec. 27.1182(a), 
27.1186) will not take effect until an administrator is selected.



Sec. 27.1180  The cost-sharing formula.

    (a) An AWS licensee that relocates a BRS system with which it 
interferes is entitled to pro rata reimbursement based on the cost-
sharing formula specified in Sec. 27.1164, except that the depreciation 
factor shall be [180-Tm]/180, and the variable C shall be 
applied as set forth in paragraph (b) of this section.

[[Page 367]]

    (b) C is the actual cost of relocating the system, and includes, but 
is 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; 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; leased 
facilities; and end user units served by the base station that is being 
relocated. In addition to actual costs, C may include the cost of an 
independent third party appraisal conducted pursuant to Sec. 
27.1182(a)(3) and incumbent transaction expenses that are directly 
attributable to the 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. There is no cap on the actual costs of relocation.
    (c) An AWS system shall be considered an interfering system for 
purposes of this rule if the AWS system is in all or part of the BRS 
frequency band and operates within line of sight to BRS operations under 
the applicable test specified in Sec. 27.1184. An AWS relocator that 
relocates a BRS system with which it does not interfere is entitled to 
full reimbursement, as specified in Sec. 27.1182(c).



Sec. 27.1182  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, an AWS relocator must submit documentation of the 
relocation agreement to the clearinghouse within 30 calendar days of the 
date a relocation agreement is signed with an incumbent. In the case of 
involuntary relocation, an AWS relocator must submit documentation of 
the relocated system within 30 calendar days after the end of the one-
year trial period.
    (2) Registration of any BRS system shall include:
    (i) A description of the system's frequency use;
    (ii) If the system exclusively provides one-way transmissions to 
subscribers, the Geographic Service Area of the system; and
    (iii) If the system does not exclusively provide one-way 
transmission to subscribers, the system hub antenna's geographic 
location and the above ground level height of the system's receiving 
antenna centerline.
    (3) The AWS relocator must also include with its system registration 
an independent third party appraisal of the 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 that are not necessary to the provision 
of comparable facilities. An AWS relocator may submit registration 
without a third party appraisal if it consents to binding resolution by 
the clearinghouse of any good faith cost disputes regarding the 
reimbursement claim, under the following standard: The relocator shall 
bear the burden of proof, and be required to demonstrate by clear and 
convincing evidence that its request does not exceed the actual cost of 
relocating the relevant BRS system or systems to comparable facilities. 
Failure to satisfy this burden of proof will result in loss of rights to 
subsequent reimbursement of the disputed costs from any AWS licensee.
    (b) Documentation of expenses. Once relocation occurs, the AWS 
relocator must submit documentation itemizing the amount spent for items 
specifically listed in Sec. 27.1180(b), as well as any reimbursable 
items not specifically listed in Sec. 27.1180(b) that are directly 
attributable to actual relocation costs. Specifically, the AWS relocator 
must submit, in the first instance, only the uniform cost data requested 
by the clearinghouse along with copies, without redaction, of the 
relocation agreement, if

[[Page 368]]

any, and the third party appraisal described in (a)(3), of this section, 
if prepared. The AWS relocator must identify the particular system 
associated with appropriate expenses (i.e., costs may not be averaged 
over numerous systems). If an AWS relocator pays a BRS incumbent a 
monetary sum to relocate its own facilities in whole or in part, the AWS 
relocator must itemize the actual costs to the extent determinable, and 
otherwise must estimate the actual costs associated with relocating the 
incumbent and itemize these costs. If the sum paid to the incumbent 
cannot be accounted for, the remaining amount is not eligible for 
reimbursement. All AWS relocators seeking reimbursement through the 
clearinghouse have an ongoing duty to maintain all relevant records of 
BRS relocation-related expenses until the sunset of cost-sharing 
obligations, and to provide, upon request, such documentation, including 
a copy of the independent appraisal if one was conducted, to the 
clearinghouse, the Commission, or AWS entrants that trigger a cost-
sharing obligation.
    (c) Full reimbursement. An AWS relocator who relocates a BRS system 
that is either:
    (1) Wholly outside its frequency band; or
    (2) Not within line of sight of the relocator's transmitting base 
station may seek full reimbursement through the clearinghouse of 
compensable costs. Such reimbursement will not be subject to 
depreciation under the cost-sharing formula.
    (d) Good Faith Requirement. New entrants and incumbent licensees are 
expected to act in good faith in satisfying the cost-sharing obligations 
under Sec. Sec. 27.1176 through 27.1190. The requirement to act in good 
faith extends to, but is not limited to, the preparation and submission 
of the documentation required in paragraph (b) of this section.



Sec. 27.1184  Triggering a reimbursement obligation.

    (a) The clearinghouse will apply the following test to determine 
when an AWS entity has triggered a cost-sharing obligation and therefore 
must pay an AWS relocator of a BRS system in accordance with the formula 
detailed in Sec. 27.1180:
    (1) All or part of the relocated BRS system was initially co-channel 
with the licensed AWS band(s) of the AWS entity;
    (2) An AWS relocator has paid the relocation costs of the BRS 
incumbent; and
    (3) The other AWS entity has turned on or is preparing to turn on a 
fixed base station at commercial power and the incumbent BRS system 
would have been within the line of sight of the AWS entity's fixed base 
station, defined as follows.
    (i) For a BRS system using the 2150-2160/62 MHz band exclusively to 
provide one-way transmissions to subscribers, the clearinghouse will 
determine whether there is an unobstructed signal path (line of sight) 
to the incumbent licensee's geographic service area (GSA), based on the 
following criteria: use of 9.1 meters (30 feet) for the receiving 
antenna height, use of the actual transmitting antenna height and 
terrain elevation, and assumption of 4/3 Earth radius propagation 
conditions. Terrain elevation data must be obtained from the U.S. 
Geological Survey (USGS) 3-second database. All coordinates used in 
carrying out the required analysis shall be based upon use of NAD-83.
    (ii) For all other BRS systems using the 2150-2160/62 MHz band, the 
clearinghouse will determine whether there is an unobstructed signal 
path (line of sight) to the incumbent licensee's receive station hub 
using the method prescribed in ``Methods for Predicting Interference 
from Response Station Transmitters and to Response Station Hubs and for 
Supplying Data on Response Station Systems. MM Docket 97-217,'' in 
Amendment of 47 CFR parts 1, 21 and 74 to Enable Multipoint Distribution 
Service and Instructional Television Fixed Service Licensees to Engage 
in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order 
on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 
FCC Rcd 14566 at 14610, Appendix D.
    (b) If the application of the trigger test described in paragraphs 
(a)(3)(i) and (ii) of this section, indicates that a

[[Page 369]]

reimbursement obligation exists, the clearinghouse will calculate the 
reimbursement amount in accordance with the cost-sharing formula and 
notify the subsequent AWS entity of the total amount of its 
reimbursement obligation.
    (c) Once a reimbursement obligation is triggered, the AWS entity may 
not avoid paying its cost-sharing obligation by deconstructing or 
modifying its facilities.



Sec. 27.1186  Payment issues.

    Payment of cost-sharing obligations for the relocation of BRS 
systems in the 2150-60/62 MHz band is subject to the rules set forth in 
Sec. 27.1170. If an AWS licensee is initiating operations for a newly 
constructed site or modified existing site in licensed bands overlapping 
the 2150-2160/62 MHz band, the AWS licensee must file with the 
clearinghouse, in addition to the site-specific data required by Sec. 
27.1170, the above ground level height of the transmitting antenna 
centerline. AWS entities have a continuing duty to maintain the accuracy 
of the site-specific data on file with the clearinghouse.

[At 71 FR 29835, May 24, 2006, as amended at 72 FR 41939, Aug. 1, 2007]



Sec. 27.1188  Dispute resolution under the Cost-Sharing Plan.

    (a) 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 Alternative Dispute Resolution (ADR) procedures, such 
as binding arbitration, mediation, or other ADR techniques.
    (b) Evidentiary requirement. Parties of interest contesting the 
clearinghouse's determination of specific cost-sharing obligations must 
provide evidentiary support to demonstrate that their calculation is 
reasonable and made in good faith. Specifically, these parties are 
expected to exercise due diligence to obtain the information necessary 
to prepare an independent estimate of the relocation costs in question 
and to file the independent estimate and supporting documentation with 
the clearinghouse.



Sec. 27.1190  Termination of cost-sharing obligations.

    The plan for cost-sharing in connection with BRS relocation will 
sunset for all AWS entities fifteen years after the relocation sunset 
period for BRS relocation commences, i.e., fifteen years after the first 
AWS licenses are issued in any part of the 2150-2162 MHz band. AWS 
entrants that trigger a cost-sharing obligation prior to the sunset date 
must satisfy their payment obligation in full.



   Subpart M_Broadband Radio Service and Educational Broadband Service

    Source: 69 FR 72034, Dec. 10, 2004, unless otherwise noted.



Sec. 27.1200  Change to BRS and EBS.

    (a) As of January 10, 2005, licensees assigned to the Multipoint 
Distribution Service (MDS) and the Multichannel Multipoint Distribution 
Service (MMDS) shall be reassigned to the Broadband Radio Service (BRS) 
and licensees in the Instructional Television Fixed Service (ITFS) shall 
be reassigned to the Educational Broadband Service (EBS).



Sec. 27.1201  EBS eligibility.

    (a) A license for an Educational Broadband Service station will be 
issued only to an accredited institution or to a governmental 
organization engaged in the formal education of enrolled students or to 
a nonprofit organization whose purposes are educational and include 
providing educational and instructional television material to such 
accredited institutions and governmental organizations, and which is 
otherwise qualified under the statutory provisions of the Communications 
Act of 1934, as amended.
    (1) A publicly supported educational institution must be accredited 
by the appropriate State department of education.
    (2) A privately controlled educational institution must be 
accredited by the

[[Page 370]]

appropriate State department of education or the recognized regional and 
national accrediting organizations.
    (3) Those applicant organizations whose eligibility is established 
by service to accredited institutional or governmental organizations 
must submit documentation from proposed receive sites demonstrating that 
they will receive and use the applicant's educational usage. In place of 
this documentation, a State educational television (ETV) commission may 
demonstrate that the public schools it proposes to serve are required to 
use its proposed educational usage. Documentation from proposed receive 
sites which are to establish the eligibility of an entity not serving 
its own enrolled students for credit should be in letter form, written 
and signed by an administrator or authority who is responsible for the 
receive site's curriculum planning. No receive site more than 35 miles 
from the proposed station's central reference point, or outside the 
applicants' proposed GSA, shall be used to establish basic eligibility. 
Where broadband or data services are proposed, the letter should 
indicate that the data services will be used in furtherance of the 
institution's educational mission and will be provided to enrolled 
students, faculty and staff in a manner and in a setting conducive to 
educational usage. Where traditional educational or instructional video 
services are proposed, the letter should indicate that the applicant's 
program offerings have been viewed and that such programming will be 
incorporated in the site's curriculum. Where educational or 
instructional video services are proposed, the letter should discuss the 
types of programming and hours per week of formal and informal 
programming expected to be used and the site's involvement in the 
planning, scheduling and production of programming. If other levels of 
authority must be obtained before a firm commitment to utilize the 
service can be made, the nature and extent of such additional 
authorization(s) must be provided.
    (4) Nonlocal applicants, in addition to submitting letters from 
proposed receive sites, must demonstrate the establishment of a local 
program committee in each community where they apply. Letters submitted 
on behalf of a nonlocal entity must confirm that a member of the receive 
site's staff will serve on the local program committee and demonstrate a 
recognition of the composition and power of the committee. The letter 
should show that the staff member will aid in the selection, scheduling 
and production of the programming received over the system.
    (b) No numerical limit is placed on the number of stations which may 
be licensed to a single licensee. A single license may be issued for 
more than one transmitter if they are to be located at a common site and 
operated by the same licensee. Applicants are expected to accomplish the 
proposed operation by the use of the smallest number of channels 
required to provide the needed service.
    (c) [Reserved]
    (d) This paragraph applies to EBS licensees and applications 
licensed or filed pursuant to the provisions of Sec. 27.1201(c) 
contained in the edition of 47 CFR parts 20 through 39, revised as of 
October 1, 2005, or Sec. Sec. 74.990 through 74.992 contained in the 
edition of 47 CFR parts 70 through 79, revised as of October 1, 2004, 
and that do not meet the eligibility requirements of paragraph (a) of 
this section. Such licensees may continue to operate pursuant to the 
terms of their existing licenses, and their licenses may be renewed, 
assigned, or transferred, so long as the licensee is otherwise in 
compliance with this chapter. Applications filed pursuant to the 
provisions of Sec. 27.1201(c) contained in the edition of 47 CFR parts 
20 through 39, revised as of October 1, 2005 or Sec. Sec. 74.990 
through 74.992 contained in the edition of 47 CFR parts 70 through 79, 
revised as of October 1, 2004 may be processed and granted, so long as 
such applications were filed prior to July 19, 2006. The provisions of 
Sec. Sec. 27.1203(b) through (d) and 27.1214 of this subpart do not 
apply to licenses governed by this paragraph.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006; 
73 FR 26040, May 8, 2008]



Sec. 27.1202  Cable/BRS cross-ownership.

    (a) Initial or modified authorizations for BRS stations may not be 
granted to

[[Page 371]]

a cable operator if a portion of the BRS station's protected services 
area is within the portion of the franchise area actually served by the 
cable operator's cable system and the cable operator will be using the 
BRS station as a multichannel video programming distributor (as defined 
in Sec. 76.64(d) of this chapter). 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 
if the cable operator will use the BRS station as a multichannel video 
programming distributor.
    (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 BRS station's 
protected services area is within the portion of the franchise area 
actually served by the cable operator's cable system the cable operator 
will use the BRS station as a multichannel video programming 
distributor.
    (c) Applications for new stations, station modifications, 
assignments or transfers of control by cable operators of BRS stations 
shall include a showing that no portion of the GSA of the BRS 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. Alternatively, the cable operator may certify that it will not 
use the BRS station to distribute multichannel video programming.
    (d) In applying the provisions of this section, ownership and other 
interests in BRS licensees or cable television systems will be 
attributed to their holders and deemed cognizable pursuant to the 
following criteria:
    (1) 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 BRS licensee or 
cable television system will be cognizable;
    (2) 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 BRS 
licensee or cable television system, or if any of the officers or 
directors of the BRS 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.
    (3) Attribution of ownership interests in a BRS 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 
(d)(9) of this section, attribution of ownership interests in a BRS 
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 (d)(9) of this section, 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% (0.1 x 
0.25). Under the 5% attribution benchmark, X's interest in ``Licensee'' 
would be cognizable, while A's interest would not be cognizable. For 
purposes of

[[Page 372]]

paragraph (d)(9) of this section, X's interest in ``Licensee'' would be 
15% (0.6 x 0.25) and A's interest in ``Licensee'' would be 1.5% (0.1 x 
0.6 x 0.25). Neither interest would be attributed under paragraph (d)(9) 
of this section.
    (4) 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 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 BRS licensee or cable television system are 
subject to said trust.
    (5) Subject to paragraph (d)(9) of this section, holders of non-
voting stock shall not be attributed an interest in the issuing entity. 
Subject to paragraph (d)(9) of this section, 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.
    (6)(i) 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 BRS 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 
BRS or cable television activities of the partnership and the licensee 
or system so certifies.
    (ii) For a licensee or system that is a limited partnership to make 
the certification set forth in paragraph (d)(6)(i) of this section, 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 BRS 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 (d)(6)(i) of this section, 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 BRS or cable television activities of the LLC or RLLP. 
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 BRS or cable television businesses of the partnership or LLC or 
RLLP.
    (iii) 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.
    (7) Officers and directors of a BRS 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 BRS 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 a 
BRS 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 BRS

[[Page 373]]

licensee or cable television system subsidiary, and a statement properly 
documenting this fact is submitted to the Commission. The officers and 
directors of a sister corporation of a BRS licensee or cable television 
system shall not be attributed with ownership of these entities by 
virtue of such status.
    (8) 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:
    (i) The sum of the interests held by or through ``passive 
investors'' is equal to or exceeds 20 percent; or
    (ii) The sum of the interests other than those held by or through 
``passive investors'' is equal to or exceeds 5 percent; or
    (iii) The sum of the interests computed under paragraph (d)(8)(i) of 
this section plus the sum of the interests computed under paragraph 
(d)(8)(ii) of this section equal to or exceeds 20 percent.
    (9) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, 
the holder of an equity or debt interest or interests in a BRS licensee 
or cable television system subject to the BRS/cable cross-ownership rule 
(``interest holder'') shall have that interest attributed if:
    (i) The equity (including all stockholdings, whether voting or 
nonvoting, common or preferred) and debt interest or interests, in the 
aggregate, exceed 33 percent of the total asset value (all equity plus 
all debt) of that BRS licensee or cable television system; and
    (ii) The interest holder also holds an interest in a BRS licensee or 
cable television system that is attributable under this section (other 
than this paragraph) and which operates in any portion of the franchise 
area served by that cable operator's cable system.
    (10) 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.
    (11) As used in this section ``cable operator'' shall have the same 
definition as in Sec. 76.5 of this chapter.
    (e) 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.
    (f) The provisions of paragraphs (a) through (e) of this section 
will not apply to one BRS 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 BRS channel for this 
purpose, and no more than one BRS channel 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 BRS 
channel per party and per area include any cable/BRS operations or 
cable/EBS operations. The cable operator must demonstrate in its BRS 
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 a BRS 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.
    (g) Applications filed by cable television companies, or affiliates, 
for BRS 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 BRS 
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

[[Page 374]]

section. Leases between cable television companies, or affiliates, and 
BRS station licensees, conditional licensees, or applicants executed on 
February 8, 1990, or thereafter, are invalid.
    (1) Applications filed by cable operators, or affiliates, for BRS 
channels prior to February 8, 1990, will not be subject to the 
prohibitions of this section. Except as provided in paragraph (g)(2)of 
this section, applications filed on February 8, 1990, or thereafter will 
be returned. Lease arrangements between cable and BRS 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 (g)(2) of this section, leases between cable 
operators, or affiliates, and BRS/EBS 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 BRS 
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/BRS cross-ownership prohibitions. Lease 
arrangements between cable operators and BRS 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.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006]



Sec. 27.1203  EBS programming requirements.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, BRS and EBS licensees are authorized to provide fixed or mobile 
service, except aeronautical mobile service, subject to the technical 
requirements of subparts C and M of this part.
    (b) Educational Broadband Service stations are intended primarily 
through video, data, or voice transmissions to further the educational 
mission of accredited public and private schools, colleges and 
universities providing a formal educational and cultural development to 
enrolled students. Authorized educational broadband channels must be 
used to further the educational mission of accredited schools offering 
formal educational courses to enrolled students.
    (c) In furtherance of the educational mission of accredited schools, 
Educational Broadband Service stations may be used for:
    (1) In-service training and instruction in special skills and safety 
programs, extension of professional training, informing persons and 
groups engaged in professional and technical activities of current 
developments in their particular fields, and other similar endeavors;
    (2) Transmission of material directly related to the administrative 
activities of the licensee, such as the holding of conferences with 
personnel, distribution of reports and assignments, exchange of data and 
statistics, and other similar uses.
    (d) Stations, including high-power EBS signal booster stations, may 
be licensed in the EBS as originating or relay stations to interconnect 
educational broadband fixed stations in adjacent areas, to deliver 
instructional and cultural material to, and obtain such material from, 
commercial and noncommercial educational television broadcast stations 
for use on the educational broadband system, and to deliver 
instructional and cultural material to, and obtain such material from, 
nearby terminals or connection points of closed circuit educational 
television systems employing wired distribution systems or radio 
facilities authorized under other parts of this chapter, or to deliver 
instructional and cultural material to any cable television system 
serving a receiving site or sites which would be eligible for direct 
reception of

[[Page 375]]

EBS signals under the provisions of Sec. 27.1201.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006]



Sec. 27.1206  Geographic Service Area.

    (a) The Geographic Service Area (GSA) is either:
    (1) The area for incumbent site-based licensees that is bounded by a 
circle having a 35 mile radius and centered at the station's reference 
coordinates, which was the previous PSA entitled to incumbent licensees 
prior to January 10, 2005, and is bounded by the chord(s) drawn between 
intersection points of the licensee's previous 35 mile PSA and those of 
respective adjacent market, co-channel licensees; or:
    (2) The BTA that is licensed to the respective BRS BTA authorization 
holder subject to the exclusion of overlapping, co-channel incumbent 
GSAs as described in paragraph (a)(1) of this section.
    (b) If the license for an incumbent BRS station cancels or is 
forfeited, the GSA area of the incumbent station shall dissolve and the 
right to operate in that area automatically reverts to the GSA licensee 
that held the corresponding BTA.



Sec. 27.1207  BTA license authorization.

    (a) Winning bidders must file an application (FCC Form 601) for an 
initial authorization.
    (b) Initial authorizations for BRS granted after January 1, 2008, 
shall be blanket licenses for all BRS frequencies identified in Sec. 
27.5(i)(2) and based on the geographic areas identified in Sec. 
27.1208. Blanket licenses cover all mobile and response stations.
    (1) A station would be required to be individually licensed if
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec. 1.1307 of this chapter;
    (iii) The station would affect the radio quiet zones under Sec. 
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec. 17.4 of this chapter.

[69 FR 72034, Dec. 10, 2004, as amended at 73 FR 26040, May 8, 2008]



Sec. 27.1208  BTA service areas.

    Except for incumbent BRS licenses, BRS service areas are Basic 
Trading Areas (BTAs) or additional service areas similar to BTAs adopted 
by the Commission. BTAs are based on the Rand McNally 1992 Commercial 
Atlas & Marketing Guide, 123rd Edition, at pages 38-39. The following 
are additional BRS service areas in places where Rand McNally has not 
defined BTAs: American Samoa; Guam; Gulf of Mexico Zone A; Gulf of 
Mexico Zone B; Gulf of Mexico Zone C; Northern Mariana Islands; 
Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the 
United States Virgin Islands. The boundaries of Gulf of Mexico Zone A 
are from an area twelve nautical miles from the shoreline at mean high 
tide on the north and east, to the limit of the Outer Continental Shelf 
to the south, and to longitude 91[deg]00[min] to the west. The 
boundaries of Gulf of Mexico Zone B are from an area twelve nautical 
miles from the shoreline at mean high tide on the north, to the limit of 
the Outer Continental Shelf to the south, to longitude 91[deg]00[min] to 
the east, and to longitude 94[deg]00[min] to the west. The boundaries of 
Gulf of Mexico Zone C are from an area twelve nautical miles from the 
shoreline at mean high tide on the north and west, to longitude 
94[deg]00[min] to the east, and to a line 281 kilometers from the 
reference point at Linares, N.L., Mexico on the southwest. The Mayaguez/
Aguadilla-Ponce, PR, service area consists of the following municipios: 
Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, 
Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, 
Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, 
Quebradillas, Rinc[oacute]n, Sabana Grande, Salinas, San German, Santa 
Isabel, Villalba and Yauco. The San Juan service area consists of all 
other municipios in Puerto Rico.

[69 FR 72034, Dec. 10, 2004, as amended at 73 FR 26040, May 8, 2008]

[[Page 376]]



Sec. 27.1209  Conversion of incumbent EBS and BRS stations to geographic
area licensing.

    (a) Any EBS or BRS station licensed by the Commission, other than 
BTA authorizations and facilities authorized pursuant to BTA 
authorizations, shall be considered an incumbent station.
    (b) As of January 10, 2005, all incumbent EBS and BRS licenses shall 
be converted to a geographic area license. Pursuant to that geographic 
area license, such incumbent licensees may modify their systems provided 
the modified system complies with the applicable rules. The blanket 
license covers all fixed stations anywhere within the authorized service 
area, except as follows:
    (1) A station would be required to be individually licensed if
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec. 1.1307 of this chapter;
    (iii) The station would affect the radio quiet zones under Sec. 
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec. 17.4 of this chapter.
    (c) The frequencies associated with incumbent authorizations that 
have been cancelled automatically or otherwise been recovered by the 
Commission will automatically revert to the applicable BTA licensee.



Sec. 27.1210  Remote control operation.

    Licensed BRS/EBS stations may be operated by remote control without 
further authority.



Sec. 27.1211  Unattended operation.

    Unattended operation of licensed BRS/EBS stations is permitted 
without further authority. An unattended relay station may be employed 
to receive and retransmit signals of another station provided that the 
transmitter is equipped with circuits which permit it to radiate only 
when the signal intended to be retransmitted is present at the receiver 
input terminals.



Sec. 27.1212  License term.

    (a) BRS/EBS licenses shall be issued for a period of 10 years 
beginning with the date of grant.
    (b) An initial BTA authorization shall be issued for a period of ten 
years from the date the Commission declared bidding closed in the MDS 
auction.



Sec. 27.1213  Designated entity provisions for BRS in Commission
auctions commencing prior to January 1, 2004.

    (a) Eligibility for small business provisions. For purposes of 
Commission auctions commencing prior to January 1, 2004 for BRS 
licenses, 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 in Commission auctions commencing 
prior to January 1, 2004 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 in 
Commission auctions commencing prior to January 1, 2004 for BTA service 
areas in installments over a ten (10) year period running from the date 
that their BTA authorizations are issued.
    (1) Upon issuance of a BTA authorization to a winning bidder in a 
Commission auction commencing prior to January 1, 2004 that is eligible 
for installment payments, the Commission will notify such eligible BTA 
authorization holder of the terms of its installment payment plan. For 
BRS, such installment payment plans will:
    (i) Impose interest based on the rate of ten (10) year U.S. Treasury 
obligations at the time of issuance of the BTA authorization, plus two 
and one half (2.5) percent;
    (ii) Allow installment payments for a ten (10) year period running 
from the date that the BTA authorization is issued;
    (iii) Begin with interest-only payments for the first two (2) years; 
and
    (iv) Amortize principal and interest over the remaining years of the 
ten (10)

[[Page 377]]

year period running from the date that the BTA authorization is issued.
    (2) Conditions and obligations. See Sec. 1.2110(g)(4) of this 
chapter.
    (3) Unjust enrichment. If an eligible BTA authorization holder that 
utilizes installment financing under this subsection seeks to partition, 
pursuant to applicable rules, 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. For purposes of Commission auctions 
commencing prior to January 1, 2004 for BRS licenses, 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 otherwise required. 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. For purposes of Commission auctions commencing 
prior to January 1, 2004 for BRS licenses, 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 Commission 
BRS auctions commencing prior to January 1, 2004.
    (f) Short-form application certification; Long-form application or 
statement of intention disclosure. A BRS applicant in a Commission 
auction commencing prior to January 1, 2004 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 otherwise 
required, file an exhibit to either its initial long-form application 
for a BRS 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 
in a Commission auction commencing prior to January 1, 2004 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.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006]



Sec. 27.1214  EBS spectrum leasing arrangements and grandfathered leases.

    (a) A licensee in the EBS that is solely utilizing analog 
transmissions may enter into a spectrum leasing arrangement to transmit 
material other than the educational programming defined in Sec. 
27.1203(b) and (c) subject to the following conditions:
    (1) Before entering into a spectrum leasing arrangement involving 
material other than educational programming on any one channel, the 
licensee must provide at least 20 hours per week of EBS educational 
programming (as defined in Sec. 27.1203(b) and (c)) on that channel, 
except as provided in paragraphs (a)(2) and (a)(3) of this section. An 
additional 20 hours per week per channel must be strictly reserved for

[[Page 378]]

EBS use and not used for non-EBS purposes, or reserved for recapture by 
the EBS licensee for its EBS educational usage, subject to one year's 
advance, written notification by the EBS licensee to its lessee and 
accounting for all recapture already exercised, with no economic or 
operational detriment to the licensee. These hours of recapture are not 
restricted as to time of day or day of the week, but may be established 
by negotiations between the EBS licensee and the lessee. The 20 hours 
per channel per week EBS educational usage requirement and the recapture 
and/or reservation requirement of an additional 20 hours per channel per 
week shall apply spectrally over the licensee's whole actual service 
area.
    (2) For the first two years of operation, an EBS entity may enter 
into a spectrum leasing arrangement involving material other than 
educational programming if it provides EBS educational usage for at 
least 12 hours per channel per week, provided that the entity does not 
employ channel loading technology.
    (3) The licensee may shift its requisite EBS educational usage onto 
fewer than its authorized number of channels, via channel mapping or 
channel loading technology, so that it can enter into a spectrum leasing 
arrangement involving full-time channel capacity on its EBS station and/
or associated EBS booster stations, subject to the condition that it 
provide a total average of at least 20 hours per channel per week of EBS 
educational usage on its authorized channels. The use of channel mapping 
or channel loading consistent with the Rules shall not be considered 
adversely to the EBS licensee in seeking a license renewal. The licensee 
also retains the unabridgeable right to recapture, subject to six 
months' advance written notification by the EBS licensee to the spectrum 
lessee, an average of an additional 20 hours per channel per week, 
accounting for all recapture already exercised. Regardless of whether 
the licensee has educational receive sites within its GSA, the licensee 
may lease booster stations in the entire GSA, provided that the licensee 
maintains the unabridgeable right to ready recapture at least 40 hours 
per channel per week for EBS educational usage. The licensee may agree 
to the transmission of this recapture time on channels not authorized to 
it, but which are included in the wireless system of which it is a part. 
A licensee under this paragraph which enters into a spectrum leasing 
arrangement on any one of its channels to an operator may ``channel 
shift'' pursuant to and under the conditions of paragraph (d)(2) of this 
section.
    (b) A licensee utilizing digital transmissions on any of its 
licensed channels may enter into a spectrum leasing arrangement to 
transmit material other than the educational programming defined in 
Sec. 27.1203(b) and (c), subject to the following conditions:
    (1) The licensee must reserve a minimum of 5% of the capacity of its 
channels for educational uses consistent with Sec. 27.1203 paragraphs 
(b) and (c), and may not enter into a spectrum leasing arrangement 
involving this reserved capacity. In addition, before leasing excess 
capacity, the licensee must provide at least 20 hours per licensed 
channel per week of EBS educational usage. This 5% reservation and this 
20 hours per licensed channel per week EBS educational usage requirement 
shall apply spectrally over the licensee's whole actual service area. 
However, regardless of whether the licensee has an educational receive 
site within its GSA served by a booster, the licensee may lease excess 
capacity without making at least 20 hours per licensed channel per week 
of EBS educational usage, provided that the licensee maintains the 
unabridgeable right to recapture on one months' advance notice such 
capacity as it requires over and above the 5% reservation to make at 
least 20 hours per channel per week of EBS educational usage.
    (2) The licensee may shift its requisite EBS educational usage onto 
fewer than its authorized number of channels, via channel mapping or 
channel loading technology, and may shift its requisite EBS educational 
usage onto channels not authorized to it, but which are included in the 
wireless system of which it is a part (``channel shifting''), so that it 
can enter into a

[[Page 379]]

spectrum leasing arrangement involving full-time channel capacity on its 
EBS station, associated EBS booster stations, and/or EBS response 
stations and associated response station hubs, subject to the condition 
that it provide a total average of at least 20 hours per licensed 
channel per week of EBS educational usage. The use of channel mapping, 
channel loading, and/or channel shifting consistent with the Rules shall 
not be considered adversely to the EBS licensee in seeking a license 
renewal. In addition, an EBS entity receiving interference protection 
will continue to receive such protection if it elects to swap channels 
with another EBS or BRS station.
    (c) All spectrum leasing arrangements involving EBS spectrum must 
afford the EBS licensee an opportunity to purchase or to lease the 
dedicated or common EBS equipment used for educational purposes, or 
comparable equipment in the event that the spectrum leasing arrangement 
is terminated.
    (d) All leases of current EBS spectrum entered into prior to January 
10, 2005 and in compliance with leasing rules formerly contained in part 
74 of this chapter may continue in force and effect, notwithstanding any 
inconsistency between such leases and the rules applicable to spectrum 
leasing arrangements set forth in this chapter. Such leases entered into 
pursuant to the former part 74 rules of this chapter may be renewed and 
assigned in accordance with the terms of such lease. All spectrum 
leasing arrangements leases entered into after January 10, 2005, 
pursuant to the rules set forth in part 1 and part 27 of this chapter, 
must comply with the rules in those parts.
    (e) The maximum permissible term of an EBS spectrum leasing 
arrangement entered into on or after July 19, 2006 (including the 
initial term and all renewal terms that commence automatically or at the 
sole option of the lessee) shall be 30 years. In furtherance of the 
educational purposes for which EBS spectrum is primarily allocated, any 
spectrum leasing arrangement in excess of 15 years that is entered into 
on or after July 19, 2006 must include terms which provide the EBS 
licensee on the 15th year and every 5 years thereafter, with an 
opportunity to review its educational use requirements in light of 
changes in educational needs, technology, and other relevant factors and 
to obtain access to such additional services, capacity, support, and/or 
equipment as the parties shall agree upon in the spectrum leasing 
arrangement to advance the EBS licensee's educational mission.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35190, June 19, 2006; 
73 FR 26041, May 8, 2008]



Sec. 27.1215  BRS grandfathered leases.

    (a) All leases of current BRS spectrum entered into prior to January 
10, 2005 and in compliance with rules formerly contained in part 21 of 
this chapter may continue in force and effect, notwithstanding any 
inconsistency between such leases and the rules applicable to spectrum 
leasing arrangements set forth in this chapter. Such leases entered into 
pursuant to the former part 21 of this chapter may be renewed and 
assigned in accordance with the terms of such lease. All spectrum 
leasing arrangements leases entered into after January 10, 2005, 
pursuant to the rules set forth in part 1 and part 27 of this chapter 
must comply with the rules in those parts.



Sec. 27.1216  Grandfathered E and F group EBS licenses.

    (a) Except as noted in paragraph (b) of this section, grandfathered 
EBS licensees authorized to operate E and F group co-channel licenses 
are granted a geographic service area (GSA) on July 19, 2006. The GSA is 
the area bounded by a circle having a 35 mile radius and centered at the 
station's reference coordinates, and is bounded by the chord(s) drawn 
between intersection points of that circle and those of respective 
adjacent market, co-channel licensees.
    (b) If there is more than 50 percent overlap between the calculated 
GSA of a grandfathered EBS license and the protected service area of a 
co-channel BRS license, the licensees shall not be immediately granted a 
geographic service area. Instead, the grandfathered EBS license and the 
co-channel BRS licensee must negotiate in

[[Page 380]]

good faith to reach a solution that accommodates the communication needs 
of both licensees. If the co-channel licensees reach a mutually 
agreeable solution on or before October 17, 2006, then the GSA of each 
co-channel license shall be as determined pursuant to the agreement of 
the parties. If a mutually agreeable solution between co-channel 
licensees is not reached on or before October 17, 2006, then each co-
channel licensee shall receive a GSA determined pursuant to paragraph 
(a) of this section and Sec. 27.1206(a).

[71 FR 35191, June 16, 2006]



Sec. 27.1217  Competitive bidding procedures for the Broadband Radio Service.

    Mutually exclusive initial applications for BRS licenses in the 
2500-2690 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.

[73 FR 26041, May 8, 2008]



Sec. 27.1218  Designated entities.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with all attributed parties, 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 all 
attributed parties, has average gross revenues that are not more than 
$15 million for the preceding three years.
    (3) An entrepreneur is an entity that, together with all attributed 
parties, has average gross revenues that are not more than $3 million 
for the preceding three years.
    (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 subpart.
    (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 subpart.
    (3) A winning bidder that qualifies as an entrepreneur, as defined 
in this section, or a consortium of entrepreneurs, may use a bidding 
credit of 15 percent, as specified in Sec. 1.2110(f)(2)(i) of this 
chapter, to lower the cost of its winning bid on any of the licenses in 
this subpart.

[73 FR 26041, May 8, 2008]

                           Technical Standards



Sec. 27.1220  Transmission standards.

    The width of a channel in the LBS and UBS is 5.5 MHz, with the 
exception of BRS channels 1 and 2 which are 6.0 MHz. The width of all 
channels in the MBS is 6 MHz. However, 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. The licensee may also, jointly with other licensees, transmit 
utilizing bandwidth in excess of its authorized bandwidth, 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. 27.53 are met at the edges of the 
channels employed.



Sec. 27.1221  Interference protection.

    (a) Interference protection will be afforded to BRS and EBS on a 
station-by-station basis based on the heights of the stations in the LBS 
and UBS and also on height benchmarking, although the heights of 
antennas utilized are not restricted.
    (b) Height Benchmarking. Height benchmarking is defined for pairs of 
base stations, one in each of two proximate geographic service areas 
(GSAs). The height benchmark, which is defined in meters (hbm) for a 
particular base station relative to a base station in another GSA, is 
equal to the distance, in kilometers, from the base station along a 
radial to the nearest point on the GSA boundary of the other base 
station squared (Dkm\2\) and then divided by 17. That is, hb (m) = 
Dkm\2\/17. A base station antenna will be considered to

[[Page 381]]

be within its applicable height benchmark relative to another base 
station if the height in meters of its centerline of radiation above 
average elevation (HAAE) calculated along the straight line between the 
two base stations in accordance with Sec. Sec. 24.53(b) and (c) of this 
chapter does not exceed the height benchmark (hbm). A base station 
antenna will be considered to exceed its applicable height benchmark 
relative to another base station if the HAAE of its centerline of 
radiation calculated along the straight line between the two base 
stations in accordance with Sec. Sec. 24.53(b) and (c) of this chapter 
exceeds the height benchmark (hbm).
    (c) Protection for Receiving Antennas not Exceeding the Height 
Benchmark. Absent agreement between the two licensees to the contrary, 
if a transmitting antenna of one BRS/EBS licensee's base station exceeds 
its applicable height benchmark and such licensee is notified by another 
BRS/EBS licensee that it is generating an undesired signal level in 
excess of -107 dBm/5.5 megahertz at the receiver of a co-channel base 
station that is within its applicable height benchmark, then the 
licensee of the base station that exceeds its applicable height 
benchmark shall either limit the undesired signal at the receiver of the 
protected base station to -107dBm/5.5 megahertz or less or reduce the 
height of its transmission antenna to no more than the height benchmark. 
If the interfering base station has been modified to increase the EIRP 
transmitted in the direction of the protected base station, it shall be 
deemed to have commenced operations on the date of such modification. 
Such corrective action shall be completed no later than:
    (i) 24 hours after receiving such notification, if the base station 
that exceeds its height benchmark commenced operations after the station 
that is within its applicable height benchmark; or
    (ii) 90 days after receiving such notification, if the base station 
that exceeds its height commenced operations prior to the station that 
is within its applicable height benchmark. For purposes of this section, 
if the interfering base station has been modified to increase the EIRP 
transmitted in the direction of the victim base station, it shall be 
deemed to have commenced operations on the date of such modification.
    (d) No Protection from a Transmitting Antenna not Exceeding the 
Height Benchmark. The licensee of a base station transmitting antenna 
less than or equal to its applicable height benchmark shall not be 
required pursuant to paragraph (c) of this section to limit that 
antennas undesired signal level to -107dBm/5.5 megahertz or less at the 
receiver of any co-channel base station.
    (e) No Protection for a Receiving-Antenna Exceeding the Height 
Benchmark. The licensee of a base station receive antenna that exceeds 
its applicable height benchmark shall not be entitled pursuant to 
paragraph (c) of this section to insist that any co-channel base station 
limit its undesired signal level to -107dBm/5.5 megahertz or less at the 
receiver.
    (f) Information Exchange. A BRS/EBS licensee shall provide the 
geographic coordinates, the height above ground level of the center of 
radiation for each transmit and receive antenna, and the date 
transmissions commenced for each of the base stations in its GSA within 
30 days of receipt of a request from a co-channel BRS/EBS licensee with 
an operational base station located in a proximate GSA. Information 
shared pursuant to this section shall not be disclosed to other parties 
except as required to ensure compliance with this section.

[69 FR 72034, Dec. 10, 2004, as amended at 70 FR 1190, Jan. 6, 2005; 71 
FR 35191, June 19, 2006; 73 FR 26041, May 8, 2008]



Sec. 27.1222  Operations in the 2568-2572 and 2614-2618 bands.

    All operations in the 2568-2572 and 2614-2618 MHz bands shall be 
secondary to adjacent-channel operations. Stations operating in the 
2568-2572 and 2614-2618 MHz must not cause interference to licensees in 
operation in the LBS, MBS, and UBS and must accept any interference from 
any station operating in the LBS, MBS, and UBS in compliance with the 
rules established in this subpart. Stations operating in the 2568-2572 
and 2614-2618 bands may cause interference to stations in operation in 
the LBS, MBS, and UBS if the

[[Page 382]]

affected licensees consent to such interference.

Policies Governing the Transition of the 2500-2690 MHz Band for BRS and 
                                   EBS



Sec. 27.1230  Conversion of the 2500-2690 MHz band.

    BRS and EBS licensees in the 2500-2690 MHz band on the pre-
transition A-I Channels will be transitioned from the frequencies 
assigned to them under Sec. 27.5(i)(1) to the frequencies assigned to 
them under Sec. 27.5(i)(2). The transition, which will be undertaken by 
one or more proponent(s), will occur in the following five phases: 
initiating the transition process (see Sec. 27.1231), planning the 
transition (see Sec. 27.1232), reimbursing transition costs (see 
Sec. Sec. 27.1233 and 27.1237-1239), terminating existing operations in 
transitioned markets that do not comport with Sec. 27.5(i)(2) (see 
Sec. 27.1234), and filing the post-transition notification (see Sec. 
27.1235). Licensees may also self-transition (see Sec. 27.1236).

[71 FR 35191, June 19, 2006]



Sec. 27.1231  Initiating the transition.

    (a) Transition areas. Unless paragraph (b) of this section applies, 
the transition will occur by Basic Trading Area (BTA). BTAs are based on 
the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, 
at pages 38-39, that identifies 487 BTAs based on the 50 States; it also 
includes the following additional BTA-like areas: American Samoa; Guam; 
Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San 
Juan, Puerto Rico; and the United States Virgin Islands, for a total of 
493 BTAs. The Mayaguez/Aguadilla-Ponce BTA-like area consists of the 
following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo 
Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, 
Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, 
Patillas, Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, 
San German, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like 
area consists of all other municipios in Puerto Rico. The BTA associated 
with the Gulf of Mexico will not be transitioned.
    (b) Overlapping GSAs. When a Geographic Service Area (GSA) overlaps 
two or more BTAs:
    (1) The proponents of the adjacent BTAs may agree on how to 
transition a GSA that overlaps their respective BTAs.
    (2) If an agreement has not been reached between or among the 
proponents of the adjacent BTAs:
    (i) Each proponent must transition all of the facilities associated 
with the GSA that are inside the GSA and inside the proponent's BTA if 
all of the adjacent BTAs are transitioning; or
    (ii) The proponent of the BTA that is transitioning must transition 
all of the facilities associated with the GSA that are within the GSA 
but outside the BTA, if the adjacent BTA is not transitioning.
    (c)(1) Proponent(s). The proponent or co-proponent must:
    (i) Be a BRS or EBS licensee or BRS or EBS lessee;
    (ii) Send a Pre-Transition Data Request (see paragraph (d) of this 
section) and a Transition Notice (see paragraph (e) of this section) to 
every BRS and EBS licensee in the BTA, using the contact information in 
the Commission's Universal Licensing System; and
    (iii) Be first to file an Initiation Plan (see paragraph (f) of this 
section) with the Secretary of the Commission.
    (2) Before filing an Initiation Plan, BRS or EBS licensees or BRS or 
EBS lessees may agree to be co-proponents. After the Initiation Plan is 
filed the proponent may accept a co-proponent at its sole discretion.
    (d) Pre-Transition Data Request. The Pre-Transition Data Request 
must include the potential proponent's full name, postal mailing 
address, contact person, e-mail address, and phone and fax numbers.
    (1) BRS and EBS licensees that receive a Pre-Transition Data Request 
must provide the following information to the potential proponent within 
45 days of receiving the Pre-Transition Data Request:
    (i) The BRS or EBS licensee's full name, postal mailing address, 
contact person, e-mail address, and phone and fax number.

[[Page 383]]

    (ii) The location (by street address and by geographic coordinates) 
of every constructed EBS receive site that, as of the date of receipt of 
the Pre-Transition Data Request, is entitled to a replacement 
downconverter (see Sec. 27.1233(a)). The response must:
    (A) Specify whether the downconverting antenna is mounted on a 
structure attached to the building or on a free-standing structure;
    (B) Specify the approximate height above ground level of the 
downconverting antenna; and
    (C) Specify, if known, the adjacent channel D/U ratio that can be 
tolerated by any receiver(s) at the receive site.
    (iii) The location (street address and geographic coordinates) of 
the main station or booster serving each EBS receive site entitled to 
protection, including:
    (A) The make and model of the antenna for that main station or 
booster, along with the radiation pattern if it is not included within 
the Commission's database;
    (B) The ground elevation, above mean sea level (AMSL), of the 
building or antenna supporting structure on which the main station or 
booster transmission antenna is installed;
    (C) The height above ground level (AGL) of the center of radiation 
of the transmission antenna;
    (D) The orientation of the main lobe of the transmission antenna;
    (E) Any mechanical beamtilt or electrical beamtilt not reflected in 
the radiation pattern provided or included within the Commission's 
database;
    (F) The bandwidth of each channel or subchannel, the emission type 
for each channel or subchannel, and the EIRP measured in the main lobe 
for each channel or subchannel; and
    (G) The make and model of the receive antenna installed at that 
site, along with the radiation pattern if it is not included within the 
Commission's database.
    (iv) The number and identification of EBS video programming or data 
transmission tracks the EBS licensee is entitled to receive in the MBS 
and whether the EBS licensee will accept fewer tracks in the MBS (see 
Sec. 27.1233(b)).
    (v) Whether it will seek or has sought a waiver from the Commission 
as a Multichannel Video Programming Distributor (MVPD).
    (2) BRS and EBS licensees that do not respond to the Pre-Transition 
Data Request within 45 days of its receipt may not object to the 
Transition Plan.
    (e) The Transition Notice. The potential proponent(s) must send a 
Transition Notice to all BRS and EBS licensees in the BTA(s) being 
transitioned. The potential proponent(s) must include the following 
information in the Transition Notice:
    (1) The potential proponent(s)'s full name; postal mailing address, 
contact person, e-mail address, and phone and fax numbers;
    (2) The identification of the BRS and EBS licensees that will be 
transitioned;
    (3) Copies of the most recent response to the Pre-Transition Data 
Request for each participant in the process; and
    (4) A certification that the potential proponent(s) has the funds 
available to pay the reasonably expected costs of the transition based 
on the information in the Pre-Transition Data Request.
    (f) Initiation Plan. To initiate a transition, a potential 
proponent(s) must submit an Initiation Plan to the Commission at the 
Office of the Secretary in Washington, DC on or before January 21, 2009.
    (1) An Initiation Plan must contain the following information:
    (i) A list of the BTA(s) that the proponent(s) is transitioning;
    (ii) A list by call sign of all of the BRS and EBS licensees in the 
BTA(s) that are being transitioned;
    (iii) A ``best estimate'' of when the transition will be completed;
    (iv) A statement indicating that an agreement has been concluded 
with the proponent(s) of the adjoining or adjacent BTA(s) when a 
licensee or licensees in an adjacent or adjoining BTA must be 
transitioned to avoid interference to licensees in the BTA being 
transitioned, or in lieu of an agreement, the proponent(s) may provide 
an alternative means of transitioning the licensees in an adjacent or 
adjoining BTA;
    (v) A statement indicating that an agreement has been concluded with 
another proponent(s) on how a BTA will be transitioned when there are 
two or

[[Page 384]]

more proponents seeking to transition the same BTA and they agree to be 
co-proponents before the Initiation Plan is filed, and a statement that 
identifies the specific portion of the BTA each proponent will be 
responsible for transitioning; and
    (vi) A certification that the proponent or joint proponents have the 
funds available to pay the reasonable expected costs of the transition 
based on the information contained in the Pre-Transition Data Request 
(see paragraph (d) of this section).
    (2) A proponent, at its own discretion, may withdraw from 
transitioning a BTA by notifying the Commission and all affected BRS and 
EBS licensees in the BTA that it is withdrawing the Initiation Plan.
    (3) A proponent may amend an Initiation Plan after it has been filed 
with the Commission to correct minor or inadvertent errors.
    (g) MVPD waiver requests. MVPD licensees that seek to opt-out of the 
transition must seek a waiver within 60 days after the proponent files 
the Initiation Plan or on or before April 30, 2007, whichever occurs 
first.

[71 FR 35191, June 19, 2006, as amended at 73 FR 26041, May 8, 2008]



Sec. 27.1232  Planning the transition.

    (a) The Transition Planning Period. The Transition Planning Period 
is a 90-day period that commences on the day after the proponent(s) 
files the Initiation Plan with the Commission.
    (b) The Transition plan. The proponent(s) must provide to each BRS 
and EBS licensee within a BTA, a Transition Plan no later than 30 days 
prior to the conclusion of the Transition Planning Period.
    (1) The Transition Plan must:
    (i) Identify the call signs of the stations that are transitioning;
    (ii) Identify the specific channels that each licensee will receive 
following the transition;
    (iii) Identify the receive sites at which replacement downconverters 
will be installed (see Sec. 27.1233(a));
    (iv) Identify the video programming and data transmission tracks 
that will be migrated to the MBS and provide for the MBS channels to be 
authorized to operate with transmission parameters that are 
substantially similar to those of the licensee's operation prior to 
transition (see Sec. 27.1233(b));
    (v) Identify the technical configuration of the MBS facilities;
    (vi) Identify the approximate time line for effectuating the 
transition, which, unless dispute resolution procedures are used, may 
not exceed 18 months from the conclusion of the Transition Planning 
Period;
    (vii) Provide for the establishment of an escrow or other 
appropriate mechanism for ensuring completion of the transition in 
accordance with the Transition Plan.
    (2) The Transition Plan may provide for interruptions of EBS 
transmissions, so long as those interruptions are limited to a period of 
less than seven days at any reception site. The proponent(s) must 
coordinate with each EBS licensee to minimize the extent of any 
disruption.
    (3) The Transition Plan may provide for the shifting of an EBS 
licensee's program to alternative channels. Such shifting may not be 
considered an interruption, if the EBS licensee's receive sites are 
equipped to receive and internally distribute the channel to which the 
programming is shifted.
    (4) The Transition Plan may provide for the installation of an 
appropriate filter on an MBS transmitter if the proponent(s) determines 
that the installation of a filter will mitigate interference from 
transmissions in the MBS to operations outside the MBS.
    (c) Counterproposals. No later than 10 days before the conclusion of 
the Transition Planning Period, affected BRS and EBS licensees may 
submit a counterproposal to the proponent(s) if they believe that the 
Transition Plan is unreasonable. The proponent(s) may:
    (1) Accept the counterproposal, modify the Transition Plan 
accordingly, and send the modified Transition Plan to all EBS and BRS 
licensees in the BTA;
    (2) Invoke dispute resolution procedures for a determination of 
whether the Transition Plan is reasonable and take no action until a 
determination of reasonableness is made; or
    (3) Invoke dispute resolution procedures for a determination of 
whether the Transition Plan is reasonable, but

[[Page 385]]

may implement the transition immediately.
    (d) Safe harbors. An offer by a proponent(s) shall be reasonable if 
it meets one of the following safe harbors:
    (1) Safe harbor No. 1. This safe harbor applies when the default 
high-power channel assigned to each channel group is authorized to 
operate after the transition with the same transmission parameters 
(coordinates, antenna pattern, height of center radiation, EIRP) as the 
downstream facilities before the transition. If the proponent(s) does 
not propose a change in the geographic coordinates of the facilities 
(other than as necessary to conform the actual location with the 
Commission's Antenna Survey Branch database), the proponent may also 
propose the following to the extent consistent with this subpart:
    (i) An increase in the height of the center of radiation of the 
transmission antenna or a decrease in such height of no more than 8 
meters (provided that such change does not result in an increase in 
antenna support structure lease costs to the EBS licensee and the 
consent of the owner of the antenna support structure is obtained).
    (ii) A change in the EIRP of the transmission system of up to 1.5 dB 
in any direction.
    (iii) Digitization, precision frequency offset, or other upgrades to 
the EBS transmission or reception systems that allow the proponent(s) to 
invoke more advantageous interference protection requirements applicable 
to upgraded systems.
    (2) Safe harbor No. 2. This safe harbor applies when an EBS licensee 
has channel-shifted its single video programming or data transmission 
track to spectrum licensed to another licensee. Under Sec. 27.5(i)(2), 
that track must be on the high-power channel licensed to the EBS 
licensee upon completion of the transition. For example, before the 
transition, an A Group licensee might have shifted its EBS video 
programming to channel C1. If one of the pre-transition A Group channels 
is licensed with technical parameters substantially similar to those of 
pre-transition channel C1, the Transition Plan may provide for high-
power channel A4 to be licensed with the same technical parameters as 
the pre-transition channel C1. However, if the pre-transition A Group 
channels are licensed to operate with technical parameters materially 
different from those of pre-transition channel C1, the proponent(s) may:
    (i) Arrange a channel swap with the licensee of the C Group so that 
the A Group licensee will receive high-power channel C4 (which will 
automatically be licensed with the same transmission parameters as the 
pre-transition channel C1) in exchange for channel A4.
    (ii) Arrange for high-power channel A4 to operate with transmission 
parameters substantially similar to those of the pre-transition channel 
C1 (see paragraph (d)(1) of this section).
    (3) Safe harbor No. 3. This safe harbor applies when a four-channel 
group is shared among multiple licensees in a given geographic area. 
Absent an agreement otherwise, a proponent may:
    (i) Secure a 6 MHz MBS channel for each licensee in exchange for the 
non-MBS channels assigned to the group. Following the channel swap(s) 
necessary to secure those additional MBS channels, the Transition Plan 
can provide for the licensing of the remaining channels in the LBS, UBS, 
and Guard Bands on a pro rata basis (with channel(s) in each segment 
being disaggregated when and if necessary to provide each with its pro 
rata share of the spectrum in each segment);
    (ii) Provide for pro rata segmentation of the default MBS channel 
for the group, provided that the proponent commits to provide each of 
the licensees with the technology necessary for its EBS video 
programming or data transmissions to be digitized, transmitted and 
received utilizing the provided bandwidth. The non-MBS channels would be 
divided among the sharing licensees on a pro rata basis (with channel(s) 
in each segment being disaggregated when and if necessary to provide 
each with its pro rata share of the spectrum in each segment); or
    (iii) Assign the default MBS channel assigned to the channel group 
to one of the licensees, if that licensee is the only one that elects to 
migrate video programming or data transmission tracks to the MBS. The 
remaining spectrum assigned to the group may be

[[Page 386]]

allocated among the licensees on a pro rata basis, with the 6 MHz in the 
MBS counting against that licensee's portion. To the extent necessary, 
the non-MBS spectrum can be disaggregated when and if necessary to 
provide each with its pro rata share of the spectrum in each segment. If 
the proponent chooses to effectuate a channel swap to provide more than 
one channel in the MBS, the remaining channels assigned to the group 
(after considering that one or more LBS/UBS channels and associated 
Transition Band channels will have been swapped away to provide the 
additional MBS channel) can be allocated among the licensees on a pro 
rata basis (with channel(s) in each segment being disaggregated when and 
if necessary to provide each with its pro rata share of the spectrum in 
each segment).
    (4) Safe harbor No. 4. This safe harbor applies when an EBS licensee 
uses one or more of its channels for studio-to-transmitter links. The 
proponent may provide for one of the following options:
    (i) The use of the LBS and/or UBS band for the point-to-point 
transmission of the EBS video or data (through superchannelization of 
the licensee's contiguous LBS or UBS channels), provided the proponent 
commits to retune the existing point-to-point equipment to operate on 
those channels or to replace the existing equipment with new equipment 
tuned to operate on those channels and the proposal complies with the 
LBS/UBS technical and interference protection rules;
    (ii) The migration of the EBS programming to the MBS by retuning the 
existing point-to-point equipment to operate in the MBS or replacing it 
with equipment tuned to operate in the MBS; or
    (iii) The replacement of the point-to-point link with point-to-point 
equipment licensed to the EBS licensee in alternative spectrum, so long 
as the replacement facilities meet the definition of ``comparable 
facilities'' set out in Sec. 101.75(b) of this chapter.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35192, June 19, 2006]



Sec. 27.1233  Reimbursement costs of transitioning.

    (a) Replacement downconverters. The proponent(s) must install at 
every eligible EBS receive site a downconverter designed to minimize the 
reception of signals from outside the MBS.
    (1) An EBS receive site is eligible to be replaced if:
    (i) A reception system was installed at that site on or before the 
date the EBS licensee receives its Pre-Transition Data Request (see 
Sec. 27.1231(d));
    (ii) The reception system was installed by or at the direction of 
the EBS licensee;
    (iii) The reception system receives EBS programming under Sec. 
27.1203(b) and (c) or is located at a cable television system headend 
and the cable system relays educational or instructional programming for 
an EBS licensee; and
    (iv) It is within the licensee's 35-mile radius GSA.
    (2) Replacement downconverters must meet the following minimum 
technical requirements:
    (i) The downconverter's input frequency range (the ``in-band 
frequencies'') must be 2572 MHz to 2614 MHz and output frequency range 
must be 294 MHz to 336 MHz;
    (ii) The downconversion process must not invert frequencies;
    (iii) The nominal gain of the downconverter must be 32 dB, or 
greater;
    (iv) The downconverter must include filtering prior to the first 
amplifier that attenuates frequencies below 2500 MHz and above 2705 MHz 
by at least 25 dB;
    (v) The downconverter must have an out-of-band input 3rd order 
intercept point (input IP3) of at least +9 dBm, where out-of-band is 
defined as all frequencies below 2566 MHz and all frequencies above 2620 
MHz;
    (vi) The downconverter must have a typical noise figure of no 
greater than 3.5 dB and a worst case noise figure of no greater than 4.5 
dB across all in-band frequencies and across its entire intended 
operating temperature range;
    (vii) The downconverter must not introduce a delta group delay of 
more than 20 nanoseconds for digital operations or 100 nanoseconds for 
analog

[[Page 387]]

operations over any individual six megahertz MBS channel.
    (b) Migration of Video Programming and Data Transmission Track. (1) 
The proponent(s) must provide, at its cost, to each EBS licensee that 
intends to continue downstream high-power, high-site educational video 
programming or data transmission services, with one programming track on 
the MBS channels for each EBS video or data transmission track the 
licensee is transmitting on a simultaneous basis before the transition.
    (i) To be eligible for migration, a program track must contain EBS 
programming that complies with Sec. 27.1203 (b) and (c).
    (ii) The proponent(s) must pay only the costs of migrating 
programming tracks being transmitted on December 31, 2002 or within six 
months prior thereto.
    (2) The proponent(s) must migrate each eligible programming track to 
spectrum in the MBS that will be licensed to the affected licensee at 
the conclusion of the transition.
    (3) After the transition, the desired-to-undesired signal level 
ratio at each of the receive sites securing a replacement downconverter 
must satisfy the following criteria:
    (i) Cochannel D/U Ratio. (A) When the post-transition desired signal 
is transmitted using analog modulation, the actual cochannel D/U ratio 
measured at the output of the reception antenna must be at least the 
lesser of 45 dB or the actual pre-transmission D/U ratio less 1.5 dB.
    (B) When the post-transition desired signal will be transmitted 
using digital modulation, the actual cochannel D/U ratio measured at the 
output of the reception antenna must be at least the lesser of 32 dB or 
the pre-transition D/U ratio less 1.5 dB.
    (C) Where in implementing the Transition Plan, the proponent(s) 
deploys precise frequency offset in an analog system, the minimum 
cochannel D/U ratio is reduced to 38 dB, provided that the transmitters 
have or are upgraded pursuant to the Transition Plan to have the 
appropriate ``plus,'' ``zero,'' or ``minus'' 10,010 Hertz precision 
frequency offset with a 3 Hertz (or better) 
stability.
    (ii) Adjacent Channel D/U Ratio. The actual adjacent channel D/U 
must equal or exceed the lesser of 0 dB or the actual pre-transmission 
D/U ratio. However, in the event that the receive site uses receivers or 
is upgraded by the proponent(s) as part of the Transition Plan to use 
receivers that can tolerate negative adjacent channel D/U ratios, the 
actual adjacent channel D/U ratio at such receive site must equal or 
exceed -10 dB. Provided that the receive site receiver is not upgraded 
and cannot tolerate -10 dB, the adjacent channel D/U ratio would be 0dB.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35193, June 19, 2006]



Sec. 27.1234  Terminating existing operations in transitioned markets.

    Licensees may discontinue operations during the transition.



Sec. 27.1235  Post-transition notification.

    The proponent(s) must certify to the Commission at the Office of the 
Secretary, Washington, DC, that the Transition Plan has been fully 
implemented.
    (a) The notification must provide the identification of the 
licensees that have transitioned to the band plan in Sec. 27.5(i)(2) 
and the specific frequencies on which each licensee is operating.
    (b) For each station in the MBS, the notification must provide the 
following information:
    (1) The station coordinates,
    (2) The make and model of each antenna,
    (3) The horizontal and vertical pattern of the antenna;
    (4) EIRP of the main lobe;
    (5) Orientation;
    (6) Height of antenna center of radiation;
    (7) Transmitter output power;
    (8) All line and combiner losses.
    (c) The proponent(s) must provide copies of the post-transition 
notice to all parties of the transition.
    (d) A BRS or EBS licensee must file any objection to the post-
transition notification within 30 days from the date the post-transition 
notification is placed on Public Notice.

[69 FR 72034, Dec. 10, 2004, as amended at 71 FR 35193, June 19, 2006]

[[Page 388]]



Sec. 27.1236  Self-transitions.

    (a) If an Initiation Plan is not filed on or before January 21, 2009 
for a BTA, BRS and EBS licensees in that BTA may self-transition by 
relocating to their default channel locations specified in Sec. 
27.5(i)(2) and complying with Sec. Sec. 27.50(h), 27.53, 27.55 and 
27.1221.
    (b) To self-transition, a BRS or EBS licensee must:
    (1) Notify the Secretary of the Commission on or before April 21, 
2009 that it will self-transition (see paragraph (a) of this section);
    (2) Send a Self-Transition Notification (see paragraph (c) of this 
section) to other BRS and EBS licensees in the BTA where the self-
transitioning licensee's GSA geographic center point is located that it 
is self-transitioning;
    (3) Notify other licensees whose GSAs overlap with the self-
transitioning licensee that it is self-transitioning.
    (4) Address interference concerns with other BRS and EBS licensees 
in the BTA that are also self-transitioning;
    (5) File a modification application with the Commission, and
    (6) Complete the self-transition on or before October 20, 2010.
    (c) Self-Transition Notification. The Self-Transition Notification 
must include the EBS licensee's full name, postal mailing address, 
contact person, e-mail address, and phone and fax numbers. A self-
transitioning EBS licensee must provide the following information to all 
BRS and EBS licensees located in the BTA where the self-transitioning 
licensees GSA geographic center point is located:
    (1) The location (by street address and by geographic coordinates) 
of every constructed EBS receive site that, as of the date the Self-
Transition Notification is sent, is entitled to a replacement 
downconverter (see Sec. 27.1233(a)). The response must:
    (i) Specify whether the downconverting antenna is mounted on a 
structure attached to the building or on a free-standing structure;
    (ii) Specify the approximate height above ground level of the 
downconverting antenna; and
    (iii) Specify, if known, the adjacent channel D/U ratio that can be 
tolerated by any receiver(s) at the receive site.
    (2) The location (street address and geographic coordinates) of the 
main station or booster serving each EBS receive site entitled to 
protection, including:
    (i) The make and model of the antenna for that main station or 
booster, along with the radiation pattern if it is not included within 
the Commission's database;
    (ii) The ground elevation, above mean sea level (AMSL), of the 
building or antenna supporting structure on which the main station or 
booster transmission antenna is installed;
    (iii) The height above ground level (AGL) of the center of radiation 
of the transmission antenna;
    (iv) The orientation of the main lobe of the transmission antenna;
    (v) Any mechanical beamtilt or electrical beamtilt not reflected in 
the radiation pattern provided or included within the Commission's 
database;
    (vi) The bandwidth of each channel or subchannel, the emission type 
for each channel or subchannel, and the EIRP measured in the main lobe 
for each channel or subchannel; and
    (vii) The make and model of the receive antenna installed at that 
site, along with the radiation pattern if it is not included within the 
Commission's database.
    (3) The number and identification of EBS video programming or data 
transmission tracks the EBS licensee is entitled to receive in the MBS 
(see Sec. 27.1233(b)).

[71 FR 35193, June 19, 2006, as amended at 73 FR 26042, May 8, 2008]



Sec. 27.1237  Pro rata allocation of transition costs.

    (a) Self-transitions. EBS licensees that self-transition may seek 
reimbursement for their costs to replace eligible downconverters (see 
Sec. 27.1233(a)) and to migrate video programming and data transmission 
tracks (see Sec. 27.1233(b)) from BRS licensees and lessees, EBS 
lessees, and commercial EBS licensees in the BTA where the center point 
of the EBS licensee's GSA is located. In addition, BRS licensees and 
lessees, EBS lessees, and commercial EBS licensees in the LBS or UBS 
must reimburse the self-transitioning EBS licensee a pro rata share of 
the eligible

[[Page 389]]

costs of transitioning EBS licensees, based on the formula in paragraph 
(c) of this section. Eligible costs are listed in Sec. 27.1238.
    (b) Proponent-driven transitions. BRS licensees and lessees, 
entities that lease EBS spectrum for a commercial purpose, and 
commercial EBS licensees must pay their own transition costs. In 
addition, except for MVPD operators that opt-out of the transition, BRS 
licensees and lessees, EBS lessees, and commercial EBS licensees in the 
LBS or UBS must reimburse the proponent a pro rata share of the eligible 
costs of transitioning EBS licensees, based on the formula in paragraph 
(c) of this section. Eligible costs are listed in Sec. 27.1238.
    (c) Formula. The pro rata share shall be based on the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR19JN06.000

    (1) R equals the pro rata share;
    (2) L equals the amount of spectrum used by a BRS licensee or lessee 
or commercial EBS licensee or lessee to provide a commercial service, 
either directly or through a lease agreement with an EBS or BRS 
licensee;
    (3) T equals the total amount of spectrum licensed or leased for 
commercial purposes in the BTA;
    (4) LP equals the population of the geographic service area or BTA 
served by the BRS licensee or lessee or commercial EBS licensee or 
lessee based on the data in the 2000 United States Census; and
    (5) TP equals the population of the BTA based on the data in the 
2000 United States Census.

[71 FR 35193, June 19, 2006]



Sec. 27.1238  Eligible costs.

    (a) The costs listed in paragraphs (b) through (f) of this section 
are eligible costs.
    (b) Pre-transition costs:
    (1) Engineering/Consulting
    (i) Evaluation of equipment;
    (ii) RX site identification;
    (iii) EBS Programming plan covering the BTA;
    (iv) Market Analysis (MHz per POP Study);
    (v) RF study (interference analysis); and
    (vi) Transition Plan creation and support;
    (2) Project management (may be sourced external);
    (3) Filing fees;
    (4) Legal fees;
    (5) Site acquisition fees-contractor; and
    (6) Arbitrator fee;
    (c) Transmission facility--analog conversion costs:
    (1) Transmitter upgrading or retuning;
    (2) Combiner re-tuning or new;
    (3) Power divider/circulator adjacent channel combiner hardware;
    (4) STL/fiber relocation;
    (5) Miscellaneous material costs (including cabling and connectors);
    (6) Contract labor:
    (i) Tower;
    (ii) Building modifications;
    (iii) Electrical/HVAC; and
    (iv) Mechanical
    (7) Engineering:
    (i) Structural; and
    (ii) Pathway Interference Analysis.
    (8) Equipment disposal/shipping
    (9) Program Management (third party or internal costs to manage the 
BTA conversion); and
    (10) Travel and Per Diem Cost.
    (d) Transmission facility-digital conversion costs:
    (1) New transmitter or retuning;
    (2) Digital compression equipment-TX site (including encoders, 
controller, and software);
    (3) Combiners-new or retune;
    (4) Power divider/circulator adjacent channel combiner hardware;
    (5) Cabinets, cabling, feedline and connectors;
    (6) STL--fiber digital upgrade;
    (7) Installation cost due to adding additional broadcast antenna (4 
or more digital channels required);
    (8) Contract labor:
    (i) Tower;
    (ii) Building modifications;
    (iii) Electrical/HVAC; and
    (iv) Mechanical.
    (9) Proof of performance testing (may be contracted);
    (10) Engineering:

[[Page 390]]

    (i) Structural; and
    (ii) Path engineering analysis.
    (11) Equipment disposal/shipping;
    (12) Training;
    (13) Program management (third party or internal costs to manage BTA 
conversion);
    (14) Travel and per diem costs.
    (e) Qualified receive-sites only-modifications (analog and digital):
    (1) Digital set top boxes;
    (2) Downconverters (with filtering)/antennas (replacement 
downconverters);
    (3) Contract labor:
    (i) Antenna change/DC install (antenna change may be necessary); and
    (ii) Electrical; and mechanical
    (4) Project management (third party or internal costs to manage the 
BTA conversion);
    (5) Proof of performance testing (may be contracted);
    (6) Mini headend (cost effective distribution method):
    (i) Modulators, combiners;
    (ii) Equipment racks; and
    (iii) Amplifiers
    (7) Cable, connectors; and
    (8) Training.
    (f) Miscellaneous transition fees. (1) Filing fees;
    (2) Arbitrator fee; and
    (3) Legal fees.

[71 FR 35193, June 19, 2006]



Sec. 27.1239  Reimbursement obligation.

    (a) A proponent may request reimbursement from BRS licensees and 
lessees, EBS lessees, and commercial EBS licensees in a BTA after the 
Transition Notification has been filed with the Secretary of the 
Commission and the proponent has accumulated the documentation to 
substantiate the full and accurate cost of the transition. A self-
transitioning licensee may request reimbursement from BRS licensees and 
lessees, EBS lessees, and commercial EBS licensees in a BTA where its 
GSA geographic center point is located after it has completed the self-
transition and has filed a modification application with the Commission 
and has accumulated the documentation to substantiate the full and 
accurate cost of the transition.
    (b) If a license is assigned, transferred, partitioned, or 
disaggregated, all parties to the assignment, transfer, disaggregation, 
or partition are jointly and severally liable for paying the 
reimbursement obligation until that obligation is paid.

[71 FR 35193, June 19, 2006]

           Relocation Procedures for the 2150-2160/62 MHz Band

    Source: Sections 27.1250 through 27.1255 appear at 71 FR 29840, May 
24, 2006, unless otherwise noted.



Sec. 27.1250  Transition of the 2150-2160/62 MHz band from the Broadband
Radio Service to the Advanced Wireless Service.

    The 2150-2160/62 MHz band has been allocated for use by the Advanced 
Wireless Service (AWS). The rules in this section provide for a 
transition period during which AWS licensees may relocate existing 
Broadband Radio Service (BRS) licensees using these frequencies to their 
assigned frequencies in the 2496-2690 MHz band or other media.
    (a) AWS licensees and BRS licensees shall engage in mandatory 
negotiations for the purpose of agreeing to terms under which the BRS 
licensees would:
    (1) Relocate their operations to other frequency bands or other 
media; or alternatively
    (2) Accept a sharing arrangement with the AWS licensee that may 
result in an otherwise impermissible level of interference to the BRS 
operations.
    (b) If no agreement is reached during the mandatory negotiation 
period, an AWS licensee may initiate involuntary relocation procedures. 
Under involuntary relocation, the incumbent is required to relocate, 
provided that the AWS licensee meets the conditions of Sec. 27.1252.
    (c) Relocation of BRS licensees by AWS licensees will be subject to 
a three-year mandatory negotiation period. BRS licensees may suspend the 
running of the three-year negotiation period for up to one year if the 
BRS licensee cannot be relocated to comparable facilities at the time 
the AWS licensee seeks entry into the band.

[[Page 391]]



Sec. 27.1251  Mandatory Negotiations.

    (a) Once mandatory negotiations have begun, a BRS 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. 
The BRS licensee is required to cooperate with an AWS licensee's request 
to provide access to the facilities to be relocated, other than the BRS 
customer location, so that an independent third party can examine the 
BRS system and prepare an appraisal of the costs to relocate the 
incumbent. In evaluating claims that a party has not negotiated in good 
faith, the FCC will consider, inter alia, the following factors:
    (1) Whether the AWS licensee has made a bona fide offer to relocate 
the BRS licensee to comparable facilities in accordance with Sec. 
27.1252(b);
    (2) If the BRS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as 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.
    (b) 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.
    (c) Mandatory negotiations will commence for each BRS licensee when 
the AWS licensee informs the BRS licensee in writing of its desire to 
negotiate. Mandatory negotiations will be conducted with the goal of 
providing the BRS licensee with comparable facilities, defined as 
facilities possessing the following characteristics:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. 
System is defined as a base station and all end user units served by 
that base station. If analog facilities are being replaced with analog, 
comparable facilities may provide a comparable number of channels. If 
digital facilities are being replaced with digital, comparable 
facilities provide equivalent data loading bits per second (bps).
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. Comparable 
facilities provide reliability equal to the overall reliability of the 
BRS system. For digital systems, reliability is measured by the percent 
of time the bit error rate (BER) exceeds a desired value, and for analog 
or digital video transmission, it is measured by whether the end-to-end 
transmission delay is within the required delay bound. If an analog 
system is replaced with a digital 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 BRS system. AWS licensees would compensate BRS licensees 
for any increased recurring costs associated with the replacement 
facilities (e.g., additional rental payments, and increased utility 
fees) for five years after relocation. AWS licensees could satisfy this 
obligation by making a lump-sum payment based on present value using 
current interest rates. Additionally, the maintenance costs to the BRS 
licensee would be equivalent to the replaced system in order for the 
replacement system to be comparable.
    (d) AWS licensees are responsible for the relocation costs of end 
user units served by the BRS base station that is being relocated. If a 
lessee is operating under a BRS license, the BRS licensee may rely on 
the throughput, reliability, and operating costs of facilities

[[Page 392]]

in use by a lessee in negotiating comparable facilities and may include 
the lessee in negotiations.



Sec. 27.1252  Involuntary Relocation Procedures.

    (a) If no agreement is reached during the mandatory negotiation 
period, an AWS licensee may initiate involuntary relocation procedures 
under the Commission's rules. AWS licensees are obligated to pay to 
relocate BRS systems to which the AWS system poses an interference 
problem. Under involuntary relocation, the BRS licensee is required to 
relocate, provided that the AWS licensee:
    (1) Guarantees payment of relocation costs, including all 
engineering, equipment, site and FCC fees, as well as any legitimate and 
prudent transaction expenses incurred by the BRS 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. There is no cap on the actual costs 
of relocation. AWS licensees are not required to pay BRS licensees for 
internal resources devoted to the relocation process. AWS licensees are 
not required to pay for transaction costs incurred by BRS licensees 
during the mandatory period once the involuntary period is initiated, or 
for fees that cannot be legitimately tied to the provision of comparable 
facilities; and
    (2) Completes all activities necessary for implementing the 
replacement facilities, including engineering and cost analysis of the 
relocation procedure and, if radio facilities are used, identifying and 
obtaining, on the incumbents' behalf, new microwave frequencies and 
frequency coordination.
    (b) Comparable facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing BRS 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. 
System is defined as a base station and all end user units served by 
that base station. If analog facilities are being replaced with analog, 
the AWS licensee is required to provide the BRS licensee with a 
comparable number of channels. If digital facilities are being replaced 
with digital, the AWS licensee must provide the BRS licensee with 
equivalent data loading bits per second (bps). AWS licensees must 
provide BRS licensees with enough throughput to satisfy the BRS 
licensee's system use at the time of relocation, not match the total 
capacity of the BRS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. AWS licensees 
must provide BRS 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 video transmissions, it is 
measured by whether the end-to-end transmission delay is within the 
required delay bound.
    (3) Operating costs. Operating costs are the cost to operate and 
maintain the BRS system. AWS licensees must compensate BRS licensees for 
any increased recurring costs associated with the replacement facilities 
(e.g., additional rental payments, increased utility fees) for five 
years after relocation. AWS 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 BRS licensee must be 
equivalent to the replaced system in order for the replacement system to 
be considered comparable.
    (c) AWS licensees are responsible for the relocation costs of end 
user units served by the BRS base station that is being relocated. If a 
lessee is operating under a BRS license, the AWS licensee shall on the 
throughput, reliability, and operating costs of facilities in use by a 
lessee at the time of relocation in determining comparable facilities 
for involuntary relocation purposes.
    (d) Twelve-month trial period. If, within one year after the 
relocation to new facilities, the BRS licensee demonstrates that the new 
facilities are

[[Page 393]]

not comparable to the former facilities, the AWS licensee must remedy 
the defects or pay to relocate the BRS licensee to one of the following: 
Its former or equivalent 2 GHz channels, another comparable frequency 
band, a land-line system, or any other facility that satisfies the 
requirements specified in paragraph (b) of this section. This trial 
period commences on the date that the BRS licensee begins full operation 
of the replacement system. If the BRS 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.



Sec. 27.1253  Sunset Provisions.

    (a) BRS licensees will maintain primary status in the 2150-2160/62 
MHz band unless and until an AWS licensee requires use of the spectrum. 
AWS licensees are not required to pay relocation costs after the 
relocation rules sunset (i.e. fifteen years from the date the first AWS 
license is issued in the band). Once the relocation rules sunset, an AWS 
licensee may require the incumbent to cease operations, provided that 
the AWS licensee intends to turn on a system within interference range 
of the incumbent, as determined by Sec. 27.1255. AWS licensee 
notification to the affected BRS 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 BRS 
licensee must turn its license back into the Commission, unless the 
parties have entered into an agreement which allows the BRS licensee to 
continue to operate on a mutually agreed upon basis.
    (b) If the parties cannot agree on a schedule or an alternative 
arrangement, requests for extension will be accepted and reviewed on a 
case-by-case basis. The Commission will grant such extensions only if 
the incumbent can demonstrate that:
    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available); and
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations.



Sec. 27.1254  Eligibility.

    (a) BRS licensees with primary status in the 2150-2162 MHz band as 
of June 23, 2006, will be eligible for relocation insofar as they have 
facilities that are constructed and in use as of this date.
    (b) Future Licensing and Modifications. After June 23, 2006, all 
major modifications to existing BRS systems in use in the 2150-2160/62 
MHz band will be authorized on a secondary basis to AWS systems, unless 
the incumbent affirmatively justifies primary status and the incumbent 
BRS licensee establishes that the modification would not add to the 
relocation costs of AWS licensees. Major modifications include the 
following:
    (1) Additions of new transmit sites or base stations made after June 
23, 2006;
    (2) Changes to existing facilities made after June 23, 2006, that 
would increase the size or coverage of the service area, or interference 
potential, and that would also increase the throughput of an existing 
system (e.g., sector splits in the antenna system). Modifications to 
fully utilize the existing throughput of existing facilities (e.g., to 
add customers) will not be considered major modifications even if such 
changes increase the size or coverage of the service area, or 
interference potential.



Sec. 27.1255  Relocation Criteria for Broadband Radio Service Licensees
in the 2150-2160/62 MHz band.

    (a) An AWS licensee in the 2150-2160/62 MHz band, prior to 
initiating operations from any base or fixed station that is co-channel 
to the 2150-2160/62 MHz band, must relocate any incumbent BRS system 
that is within the line of sight of the AWS licensee's base or fixed 
station. For purposes of this section, a determination of whether an AWS 
facility is within the line of sight of a BRS system will be made as 
follows:
    (1) For a BRS system using the 2150-2160/62 MHz band exclusively to 
provide one-way transmissions to subscribers, the AWS licensee will 
determine whether there is an unobstructed signal path (line of sight) 
to the incumbent licensee's geographic service area (GSA), based on the 
following criteria:

[[Page 394]]

use of 9.1 meters (30 feet) for the receiving antenna height, use of the 
actual transmitting antenna height and terrain elevation, and assumption 
of 4/3 Earth radius propagation conditions. Terrain elevation data must 
be obtained from the U.S. Geological Survey (USGS) 3-second database. 
All coordinates used in carrying out the required analysis shall be 
based upon use of NAD-83.
    (2) For all other BRS systems using the 2150-2160/62 MHz band, the 
AWS licensee will determine whether there is an unobstructed signal path 
(line of sight) to the incumbent licensee's receive station hub using 
the method prescribed in ``Methods for Predicting Interference from 
Response Station Transmitters and to Response Station Hubs and for 
Supplying Data on Response Station Systems. MM Docket 97-217,'' in 
Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution 
Service and Instructional Television Fixed Service Licensees to Engage 
in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order 
on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 
FCC Rcd 14566 at 14610, Appendix D.
    (b) Any AWS licensee in the 2110-2180 MHz band that causes actual 
and demonstrable interference to a BRS licensee in the 2150-2160/62 MHz 
band must take steps to eliminate the harmful interference, up to and 
including relocation of the BRS licensee, regardless of whether it would 
be required to do so under paragraph (a), of this section.



              Subpart N_700 MHz Public/Private Partnership

    Source: 72 FR 48854, Aug. 24, 2007, unless otherwise noted.



Sec. 27.1301  Purpose and scope.

    The purpose of this subpart, in conjunction with subpart AA of part 
90, is to establish rules and procedures relating to the 700 MHz Public/
Private Partnership entered between the winning bidder for the Upper 700 
MHz D Block license, the Upper 700 MHz D Block licensee, the Network 
Assets Holder, the Operating Company, the Public Safety Broadband 
Licensee, and other related entities as the Commission may require or 
allow. Pursuant to this partnership, the Upper 700 MHz D Block licensee 
and the Operating Company will be responsible for constructing and 
operating a nationwide, shared interoperable wireless broadband network 
used to provide a commercial service and a broadband network service for 
public safety entities. The shared network assets will be held by the 
Network Assets Holder and the Shared Wireless Broadband Network will 
operate on both the commercial spectrum licensed to the Upper 700 MHz D 
Block licensee and the public safety broadband spectrum licensed to the 
Public Safety Broadband Licensee. This subpart of the part 27 rules sets 
forth specific provisions relating to the Upper 700 MHz D Block license, 
the Upper 700 MHz D Block licensee, and other related entities as the 
Commission may require or allow with respect to the 700 MHz Public/
Private Partnership. Subpart AA of the part 90 rules sets forth related 
provisions applicable to the Public Safety Broadband License and the 
Public Safety Broadband Licensee with respect to the 700 MHz Public/
Private Partnership.



Sec. 27.1303  Upper 700 MHz D Block license conditions.

    (a) The winning bidder at auction of the license for Block D in the 
758-763 MHz and 788-793 MHz bands will be granted the Upper 700 MHz D 
Block license only after this winning bidder has entered, with the 
Public Safety Broadband Licensee and other related entities as the 
Commission may require or allow, into the Network Sharing Agreement 
(NSA) that has been approved by the Commission, has executed such other 
agreements as the Commission may require or allow, and has met all other 
necessary conditions pertaining to the award of this license.
    (b) The Upper 700 MHz D Block licensee shall comply with all of the 
applicable requirements set forth in this part and subpart, including 
the construction requirements set forth in Sec. 27.14, and shall comply 
with the terms of the NSA and such other agreements as the Commission 
may require or allow.

[[Page 395]]

    (c) The Upper 700 MHz D Block licensee shall have the exclusive 
right to build and operate the shared wireless broadband network, except 
as set forth in Sec. Sec. 20.1330 and 90.1430 of this chapter.
    (d) The Upper 700 MHz D Block licensee must not discontinue, reduce, 
or impair service to public safety users unless and until, pursuant to 
Commission procedures, it has obtained prior authorization from the 
Commission.
    (e) The Upper 700 MHz D Block licensee must provide the Public 
Safety Broadband Licensee with priority access during emergencies, as 
specified in the NSA.
    (f) These conditions and requirements will apply to any related 
entities that the Commission may require or allow, as provided for in 
the NSA or otherwise as authorized by the Commission.



Sec. 27.1305  Shared wireless broadband network.

    The Shared Wireless Broadband Network developed by the 700 MHz 
Public/Private Partnership must be designed to meet requirements 
associated with a nationwide, public safety broadband network. At a 
minimum, the network must incorporate the following features:
    (a) Design for operation over a broadband technology platform that 
provides mobile voice, video, and data capability that is seamlessly 
interoperable across public safety local and state agencies, 
jurisdictions, and geographic areas, and that includes current and 
evolving state-of-the-art technologies reasonably made available in the 
commercial marketplace with features beneficial to the public safety 
community.
    (b) Sufficient signal coverage to ensure reliable operation 
throughout the service area consistent with typical public safety 
communications systems.
    (c) Sufficient robustness to meet the reliability and performance 
requirements of public safety.
    (d) Sufficient capacity to meet the needs of public safety.
    (e) Security and encryption consistent with state-of-the-art 
technologies.
    (f) A mechanism to automatically prioritize public safety 
communications over commercial uses on a real-time basis consistent with 
the requirements of Sec. 27.1307.
    (g) Operational capabilities consistent with features and 
requirements that are typical of current and evolving state-of-the-art 
public safety systems.
    (h) Operational control of the network by the Public Safety 
Broadband Licensee to the extent necessary to ensure that public safety 
requirements are met.



Sec. 27.1307  Spectrum use in the network.

    (a) Spectrum use. The shared wireless broadband network developed by 
the 700 MHz Public/Private Partnership will operate using spectrum 
associated with the Upper 700 MHz D Block license in the 758-763 MHz and 
788-793 MHz bands and the Public Safety Broadband License in the 
adjacent 763-768 MHz and 793-798 MHz bands.
    (b) Access to spectrum in the 758-763 MHz and 788-793 MHz bands. The 
Upper 700 MHz D Block licensee shall lease the spectrum rights 
associated with the Upper 700 MHz D Block license to the Operating 
Company, pursuant to the Commission's spectrum leasing rules. The 
spectrum leasing arrangement shall be a long-term de facto transfer 
leasing arrangement for the entire remaining term of the Upper 700 MHz D 
Block license. If the Upper 700 MHz D Block license is renewed, the 
parties will be required to renew this spectrum leasing arrangement as 
well.
    (c) Access to spectrum in the 763-768 MHz and 793-798 MHz bands. The 
Public Safety Broadband Licensee, which holds the Public Safety 
Broadband License pursuant to part 90 rules, must lease the spectrum 
usage rights associated with this license, pursuant to a spectrum 
manager leasing arrangement set forth in part 1 subpart X, to the Upper 
700 MHz D Block licensee and the Operating Company for the entire 
remaining term of the Public Safety Broadband License to effectuate the 
700 MHz Public/Private Partnership. The Upper 700 MHz D Block licensee 
and the Operating Company are the only entities that are eligible to 
lease the spectrum usage rights associated with the Public Safety 
Broadband License to operate on the 763-768 and 793-

[[Page 396]]

798 MHz bands. If the Upper 700 MHz D Block license is cancelled, this 
spectrum leasing arrangement will automatically terminate.
    (d) Commercial operations in the 763-768 MHz and 793-798 MHz bands. 
Commercial operations in the 763-768 MHz and 793-798 MHz bands through 
the spectrum manager leasing arrangement shall not cause harmful 
interference to primary users (i.e., public safety users) and cannot 
claim protection from harmful interference from the primary public 
safety operations in the 763-768 MHz and 793-798 MHz bands. The network 
providing commercial operations in the 763-768 MHz and 793-798 MHz bands 
through the spectrum manager leasing arrangement must be designed to 
automatically assign priority to public safety users, to the exclusion 
and/or immediate preemption of any commercial use on a dynamic, real-
time priority basis, and to guarantee that public safety users suffer no 
harmful interference or interruption or degradation of service due to 
commercial operations in the 763-768 MHz and 793-798 MHz bands.



Sec. 27.1308  Organization and structure of the 700 MHz public/private 
partnership.

    (a) The Upper 700 MHz D Block licensee, the Network Assets Holder 
and such other related entities as the Commission may require or allow 
shall be formed by the winning bidder of the Upper 700 MHz D Block 
license. The Upper 700 MHz D Block licensee, the Network Assets Holder, 
and related entities as the Commission may require or allow must be 
Special Purpose Bankruptcy Remote Entities formed to hold the license, 
to hold the shared network assets, or for such other purpose as the 
Commission may require or allow. The winning bidder of the Upper 700 MHz 
D Block license shall also form the Operating Company, which must also 
be a Special Purpose Bankruptcy Remote Entity. Upon issuance of the 
Upper 700 MHz D Block license, the winning bidder will assign all of its 
rights and obligations under the NSA to the Upper 700 MHz D Block 
licensee, Network Assets Holder, the Operating Company, and any other 
related entities that the Commission may require or allow.
    (b) The Upper 700 MHz D Block licensee and other related entities as 
the Commission may require or allow shall have the obligation to build 
out the Shared Wireless Broadband Network, as provided for in the NSA or 
otherwise as authorized by the Commission.



Sec. 27.1310  Network sharing agreement.

    The relationship between the Upper 700 MHz D Block licensee, the 
Public Safety Broadband Licensee, and related entities as the Commission 
may require or allow will be governed by the Network Sharing Agreement 
(NSA) and such other separate agreements as the Commission may require 
or allow that are negotiated and entered into between the parties. The 
NSA must, at a minimum, include the following terms:
    (a) All of the substantive rights and obligations of the parties 
relating to the NSA, as established by the Commission concerning the 700 
MHz Public/Private Partnership.
    (b) Network specifications that comply with Sec. 27.1305.
    (c) The definition of ``emergency'' for purposes of emergency 
priority access.
    (d) All service fees to be imposed for services to public safety, 
including fees for normal network service and fees for priority access 
to the D Block spectrum in an emergency.
    (e) A detailed build-out schedule consistent with Sec. 27.1327, 
including coverage of major highways and interstates, as well as 
incorporated communities with a population in excess of 3,000.
    (f) The right of the Public Safety Broadband Licensee to determine 
and approve the specifications of public safety equipment used on the 
network and the right to purchase its own subscriber equipment from any 
vendor it chooses, to the extent such specifications and equipment are 
consistent with reasonable network control requirements established in 
the NSA.
    (g) The Upper 700 MHz D Block licensee must offer at least one 
handset suitable for public safety use that includes a seamlessly 
integrated satellite solution pursuant to the terms, conditions, and 
timeframes set forth in the NSA.

[[Page 397]]

    (h) Any major modification of the terms of the NSA, related 
agreements or documents, or such other agreements as the Commission may 
require or allow must be submitted to the Commission for prior approval. 
All other modifications must be submitted to the Chiefs of the Wireless 
Telecommunications Bureau and the Public Safety and Homeland Security 
Bureau for prior approval.
    (i) The NSA shall require, in a separate agreement, the granting of 
an irrevocable and assignable right of first refusal to purchase the 
network assets if and whenever such assets are otherwise to be sold and 
an irrevocable and assignable option in favor of the Public Safety 
Broadband Licensee to purchase the network and all network assets if and 
whenever the Upper 700 MHz D Block license is cancelled or terminated, 
by reason of default or for any other reason, for a consideration 
equivalent to the fair market value of the tangible and intangible 
assets sold. This right and option shall be senior to, and have priority 
over, any other right, claim, or interest in or to the network or the 
network assets. The NSA shall also include a fair market valuation 
methodology to determine the fair market value of the shared wireless 
broadband network assets.
    (j) The NSA must have a term, not to exceed 10 years from June 13, 
2009, that coincides with the terms of the Upper 700 MHz D Block license 
and the Public Safety Broadband License.

[72 FR 48854, Aug. 24, 2007, as amended at 74 FR 8878, Feb. 27, 2009]



Sec. 27.1315  Establishment, execution, and application of the network
sharing agreement.

    The following requirements and processes relate to the 
establishment, execution, and application of the NSA:
    (a) Approval of NSA as pre-condition for granting the Upper 700 MHz 
D Block License. The Commission shall not grant the Upper 700 MHz D 
Block license until the winning bidder for the Upper 700 MHz D Block 
license has negotiated the NSA and such other agreements as the 
Commission may require or allow with the Public Safety Broadband 
Licensee, and the NSA and related agreements or documents have been 
approved by the Commission and executed by the required parties. Parties 
to the NSA must also include the Upper 700 MHz D Block licensee, the 
Network Assets Holder, and the Operating Company, as these entities are 
defined in Sec. 27.4.
    (b) Requirement of negotiation. Negotiation of an NSA between the 
winning bidder for the Upper 700 MHz D Block license and the Public 
Safety Broadband Licensee must commence by the date the winning bidder 
files its long form application or the date on which the Commission 
designates the Public Safety Broadband Licensee, whichever is later, and 
must conclude within six months of that date. Parties to this 
negotiation are required to negotiate in good faith. Two members of the 
Commission staff, one from the Wireless Telecommunications Bureau and 
one from the Public Safety and Homeland Security Bureau, shall be 
present at all stages of the negotiation as neutral observers.
    (c) Reporting requirements. The winning bidder for the Upper 700 MHz 
D Block license must file a report with the Commission within 10 
business days of the commencement of the negotiation period certifying 
that active and good faith negotiations have begun, providing the date 
on which they commenced, and providing a schedule of the initial dates 
on which the parties intend to meet for active negotiations, covering at 
a minimum the first 30-day period. Beginning three months from the 
triggering of the six-month negotiation period, the winning bidder for 
the Upper 700 MHz D Block license and the Public Safety Broadband 
Licensee must jointly provide detailed reports, on a monthly basis and 
subject to a request for confidential treatment, on the progress of the 
negotiations throughout the remainder of the negotiations. These reports 
must include descriptions of all material issues that the parties have 
yet to resolve.
    (d) Submission of final agreement. As soon as the parties have 
reached an agreement on all the terms of the NSA, related agreements or 
documents, and such other agreements as the Commission may require or 
allow, but not later than five business days after the

[[Page 398]]

six-month period for negotiation has expired, they must submit the NSA 
together with all agreements and related documents referenced in the 
NSA, for review and approval by the full Commission. The Commission will 
act on the NSA within 60 days of receipt. The Commission may approve the 
NSA in its entirety, approve with modifications, or require the parties 
to address additional terms or re-draft existing terms within a 
specified timeframe. After the NSA is approved, the parties must execute 
the NSA and such other agreements as the Commission may require or 
allow, and submit executed copies to the Commission within 10 business 
days of approval.
    (e) Submission of disputed issues. If the parties have not reached 
agreement on all terms of the NSA and related agreements by the end of 
the six-month period, they must notify the Commission not later than 
five business days after the expiration of the six-month period of the 
terms on which they have agreed, the nature of the remaining issues, 
each party's position on each issue, whether additional negotiation is 
likely to produce an agreement, and, if so, a proposed deadline for 
reaching agreement on the NSA. Authority is delegated jointly to the 
Chiefs of the Wireless Telecommunications Bureau and the Public Safety 
and Homeland Security Bureau to resolve any remaining disputes.
    (f) Resolution of disputes. Actions to resolve disputes may include, 
but are not limited to:
    (1) Granting additional time for negotiation;
    (2) Issuing a decision on the disputed issues and requiring the 
submission of a draft agreement consistent with the decision;
    (3) Directing the parties to further brief the remaining issues in 
full for immediate Commission decision; and/or
    (4) Immediate denial of the long-form application filed by the 
winning bidder for the Upper 700 MHz D Block license.
    (g) Default by winning bidder for Upper 700 MHz D Block license. If 
the winning bidder for the Upper 700 MHz D Block fails to comply with 
negotiation or dispute resolution requirements or fails to execute a 
Commission-approved NSA, its long form application will be denied. If 
the long form application of the winning bidder of the Upper 700 MHz D 
Block license is denied for any reason, including as a consequence of an 
action taken pursuant to paragraphs (e) and (f) of this section, it will 
be deemed to have defaulted under Sec. 1.2109(c) of this chapter, and 
will be liable for the default payment specified in Sec. 1.2104(g) of 
this chapter.



Sec. 27.1320  Failure to comply with the NSA or the Commission's rules.

    (a) Failure to comply with the Commission's rules or the terms of 
the NSA may warrant cancelling the Upper 700 MHz D Block license and 
awarding it to a new licensee. In the event the Upper 700 MHz D Block 
license is cancelled, the Commission shall issue an order cancelling the 
license and announcing the process for awarding rights to the spectrum 
to a new licensee. Pending the award to a new licensee, the Commission 
shall issue the Operating Company a special temporary authority to 
prevent interruption of services provided over the Shared Wireless 
Broadband Network. The Operating Company must continue to provide both 
commercial service and services to public safety during the transition. 
Upon grant of a new license, the Commission shall establish the terms 
and timing under which the special temporary authorization shall be 
cancelled and the new Upper 700 MHz D Block licensee assumes the 
construction and operation of the network.
    (b) If the Commission cancels or terminates the Upper 700 MHz D 
Block license, a fair market valuation of the shared wireless broadband 
network assets shall be performed immediately, pursuant to the fair 
market valuation methodology set forth in the NSA. In the event that the 
Upper 700 MHz D Block license is awarded to a new entity, the Public 
Safety Broadband Licensee's option to purchase the network and all 
network assets if and whenever the Upper 700 MHz D Block license is 
cancelled or terminated and its right of first refusal to purchase the 
network assets if and whenever such assets are otherwise to be sold 
shall be assigned to the new Upper 700 MHz D

[[Page 399]]

Block licensee and the new Network Assets Holder.



Sec. 27.1325  Resolution of disputes after grant of the upper 700 MHz D
block license.

    (a) The Upper 700 MHz D Block licensee, the Operating Company, the 
Network Assets Holder and the Public Safety Broadband Licensee may at 
any time bring a complaint to the Commission based on a claim that 
another party to the NSA has deviated from the terms of the NSA, or a 
petition for a declaratory ruling to resolve the proper interpretation 
of an NSA term or provision. The Commission also may at any time, on its 
own motion, determine to address any material breach or interpret any 
NSA term or provision.
    (b) The Commission shall have primary responsibility and 
jurisdiction for adjudicating disputes that arise following execution of 
the NSA. The Commission may, however, require the parties to first seek 
a settlement to the dispute or authorize the parties to resolve the 
dispute through litigation or other means. Breach of license terms, the 
NSA, or the Commission's rules may result in cancellation of the Upper 
700 MHz D Block license, the Public Safety Broadband License, or both.
    (c) The Chiefs of the Public Safety and Homeland Security Bureau and 
the Wireless Telecommunications Bureau are delegated joint 
responsibility for adjudicating disputes.



Sec. 27.1327  Construction requirements; criteria for renewal.

    (a) The Upper 700 MHz D Block licensee shall comply with the 
applicable construction requirements of Sec. 27.14.
    (b) The Upper 700 MHz D Block licensee shall comply with the 
applicable procedures and criteria for license renewal of Sec. 27.14.



Sec. 27.1330  Local public safety build-out and operation.

    (a) The Upper 700 MHz D Block licensee and the Operating Company 
through its lease arrangements shall, except in the two limited 
circumstances set forth herein, have the exclusive right to build and 
operate the Shared Wireless Broadband Network.
    (b) Rights to early build-out in areas with a build-out commitment. 
In an area where the Upper 700 MHz D Block licensee has committed, in 
the NSA, to build out by a certain date, a public safety entity may, 
with the pre-approval of the Public Safety Broadband Licensee and 
subject to the requirements set forth herein, construct a broadband 
network in that area at its own expense so long as the network is 
capable of operating on the Shared Wireless Broadband Network and meets 
all the requirements and specifications of the network required under 
the NSA.
    (1) Options for early build-out in areas with a build-out 
commitment. In order to obtain authorization to construct a broadband 
network as set forth in paragraph (b) of this section, the requesting 
public safety entity must agree to one of the following:
    (i) To, on its own, or through the Public Safety Broadband Licensee 
acting on its behalf, construct the network at its own expense, and upon 
completion of construction transfer the network to the Upper 700 MHz D 
Block licensee, which shall then integrate that network into the Shared 
Wireless Broadband Network constructed pursuant to the NSA; or
    (ii) To, in agreement with the Upper 700 MHz D Block licensee, 
provide all funds necessary for the Upper 700 MHz D Block licensee to 
complete the early construction of the network, including any and all 
additional resource and personnel costs, allowing the Upper 700 MHz D 
Block licensee at all times to own, operate, and manage the network as 
an integrated part of the Shared Wireless Broadband Network.
    (2) Negotiation of amendment to NSA. Under either early build out 
option set forth in paragraph (b)(1) of this section, the Public Safety 
Broadband Licensee, the Upper 700 MHz D Block licensee, and the public 
safety entity must, prior to any construction, negotiate an amendment to 
the NSA regarding this part of the network, specifying ownership rights, 
fees, and other terms, which may be distinct from the analogous terms 
governing the Shared Wireless Broadband Network, and such amendment must 
be approved by the Commission.

[[Page 400]]

    (i) Such amendment must provide the terms under which the Upper 700 
MHz D Block licensee shall receive full ownership rights and shall 
compensate the public safety entity (or the Public Safety Broadband 
Licensee, where appropriate) for the construction of the network; and 
shall, absent agreement to the contrary, provide for such transfer and 
compensation to occur prior to the scheduled build out date for such 
network in the NSA.
    (ii) Any right to compensation from the Upper 700 MHz D Block 
licensee related to such early build-out shall be limited to the cost 
that would have been incurred had the Upper 700 MHz D Block licensee 
constructed the network itself in accordance with the original terms and 
specifications of the NSA, as reasonably determined by the parties and 
negotiated as part of the NSA amendment required in paragraph (b)(2) of 
this section. Such costs shall not include costs attributable solely to 
advancing the date of construction or otherwise expediting the 
construction process.
    (3) Operations. The public safety entity may not commence operations 
on the network until ownership of the network has been transferred to 
the Upper 700 MHz D Block licensee. Further, no operations shall be 
allowed except those authorized and conducted pursuant to the authority 
of the Public Safety Broadband License.
    (4) Attribution of early build-out to national benchmarks. Upon 
completion of construction, transfer of ownership to the Upper 700 MHz D 
Block licensee, and compensation as required herein, if applicable, the 
Upper 700 MHz D Block licensee may include the network constructed 
pursuant to the early build-out provisions herein for purposes of 
determining whether it has met its national build-out benchmarks and the 
build-out requirements of the NSA.
    (5) Rights to build out and operate in areas without a build-out 
commitment. In areas for which the NSA does not require the Upper 700 
MHz D Block licensee to build out the Shared Wireless Broadband Network, 
a public safety entity may build out and operate a separate, exclusive 
network in the 700 MHz public safety broadband spectrum at any time, 
provided the public safety entity has received the written approval of 
the Public Safety Broadband Licensee and operates its independent 
network pursuant to a spectrum leasing arrangement into which the public 
safety entity has entered with the Public Safety Broadband Licensee.
    (i) Such leasing arrangement shall not require the approval or 
consent of the Upper 700 MHz D Block licensee; however, the Public 
Safety Broadband Licensee must provide the Upper 700 MHz D Block 
licensee with notice of the public safety entity's intent to construct 
in that area within 30 days of receipt of a request from a public safety 
entity seeking to exercise this option, and shall inform the Upper 700 
MHz D Block licensee of the public safety entity's anticipated build-out 
date(s).
    (ii) Should the Upper 700 MHz D Block licensee, within 30 calendar 
days from receipt of notice of the public safety entity's intent to 
construct in that area, certify in writing to the Public Safety 
Broadband Licensee that it will build out the shared network in the area 
within a reasonable time of the anticipated build-out date(s), as 
determined by the Public Safety Broadband Licensee, the Public Safety 
Broadband Licensee shall not allow the public safety entity to build and 
operate its own separate exclusive network in that area, provided that 
the Upper 700 MHz D Block licensee and the Public Safety Broadband 
Licensee execute an amendment to the NSA indicating the Upper 700 MHz D 
Block licensee's commitment to build the network in that area. Such 
commitment shall become enforceable against the Upper 700 MHz D Block 
licensee as part of its overall build-out requirements.
    (iii) If the Upper 700 MHz D Block licensee does not exercise its 
option to commit to build out the network in the requested area within 
30 calendar days of receipt of notice of the public safety entity's 
intent to construct in such area, the Public Safety Broadband Licensee 
and the public safety entity may proceed with a spectrum leasing 
arrangement, which must be filed with the Commission prior to the public 
safety entity commencing any operations. The spectrum leasing 
arrangement must take the form of a spectrum manager leasing arrangement 
under

[[Page 401]]

the rules specified in Sec. 1.9020 of this chapter, and incorporate the 
following conditions:
    (A) The network must provide broadband operations;
    (B) The network must be fully interoperable with the Shared Wireless 
Broadband Network;
    (C) The network must be available for use by any public safety 
entity in the area;
    (D) The network must satisfy any other terms or conditions required 
by the Public Safety Broadband Licensee; and
    (E) The public safety entity must construct and place into operation 
its network within one year of the effective date of the spectrum 
manager leasing arrangement. If the public safety entity fails to place 
the network into operation within one year, the Public Safety Broadband 
Licensee shall terminate the spectrum leasing arrangement pursuant to 
Sec. 1.9020(h)(3) of this chapter. The public safety entity may also 
seek extended implementation authority from the Commission pursuant to 
the requirements of Sec. 90.629 of this chapter.
    (6) Except as set forth herein, the separate network is not required 
to meet the other specifications of the Shared Wireless Broadband 
Network. Absent agreement of the public safety entity, the Public Safety 
Broadband Licensee, and the Upper 700 MHz D Block licensee, the separate 
network may not operate using any spectrum associated with the Upper 700 
MHz D Block license.
    (7) The Public Safety Broadband Licensee must file with the 
Commission any spectrum manager leasing arrangement as specified in 
Sec. 1.9020(e) of this chapter; such filing shall identify the public 
safety entity leasing the spectrum, the particular areas of spectrum 
leased as part of this build-out option, and the specific network 
infrastructure and equipment deployed on such leased spectrum.



Sec. 27.1333  Geographic partitioning, spectrum disaggregation, license 
assignment, and transfer.

    (a) The 700 MHz Upper D Block license may not be partitioned or 
disaggregated.
    (b) The 700 MHz Upper D Block licensee will be permitted to assign 
or transfer its license subject to Commission review and prior approval. 
The Upper 700 MHz D Block license assignment or transfer applications 
are precluded from the immediate approval procedures as specified in 
Sec. 1.948(j)(2).

[72 FR 48854, Aug. 24, 2007, as amended at 72 FR 67577, Nov. 29, 2007]



Sec. 27.1335  Prohibition on discontinuance of public safety operations.

    The Upper 700 MHz D Block licensee, the Operating Company and the 
Network Assets Holder are prohibited from discontinuing or degrading the 
broadband network service provided to the Public Safety Broadband 
Licensee or to public safety entities unless either at the request of 
the public safety entity or entities in question or with the pre-
approval of the Commission. The Upper 700 MHz D Block licensee shall 
notify the affected public safety entity or entities and the Public 
Safety Broadband Licensee at least 30 days prior to any unrequested 
discontinuance or degradation of network service.



Sec. 27.1340  Reporting obligations.

    (a) The Upper 700 MHz D Block licensee and the Public Safety 
Broadband Licensee shall jointly file quarterly reports with the 
Commission. These reports shall include audited financial statements, 
how the specific requirements of public safety are being met, detailed 
information on the areas where broadband service has been deployed, 
which public safety entities are using the broadband network in each 
area of operation, what types of applications are in use in each area of 
operation, and the number of declared emergencies in each area of 
operation.
    (b) The Upper 700 MHz D Block licensee and Public Safety Broadband 
Licensee have joint responsibility to register the base station 
locations with the Commission, providing basic technical information, 
including geographic location.

[[Page 402]]



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.
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.

[[Page 403]]

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.
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.

[[Page 404]]

                           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 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,

[[Page 405]]

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. 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.
    (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.
    (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

[[Page 406]]

equals, exceeds, or falls below the indexed revenue threshold.

[67 FR 5679, Feb. 6, 2002, as amended at 69 FR 53648, Sept. 2, 2004]



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 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

[[Page 407]]

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 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

[[Page 408]]

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 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

[[Page 409]]

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 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.

[[Page 410]]

    (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 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, 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.
    (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

[[Page 411]]

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 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

[[Page 412]]

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, as amended at 69 FR 53648, Sept. 2, 2004]



            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

[[Page 413]]

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.
    (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,

[[Page 414]]

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 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

[[Page 415]]

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.
    (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 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.
    (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, as amended at 69 FR 53648, Sept. 2, 2004]



Sec. 32.1350  Other current assets.

    This account shall include the amount of all current assets which 
are

[[Page 416]]

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 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]

[[Page 417]]



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 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

[[Page 418]]

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 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.

[[Page 419]]

    (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 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.

[[Page 420]]

    (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 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

[[Page 421]]

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 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

[[Page 422]]

    (iii) Any other specific financial and cost accounting information 
not properly warranting separate disclosure as an account or subaccount 
but which is needed to support regulatory, cost, tax, management and 
other specific accounting information needs and requirements.
    (2) The basic property records must be: (i) Subject to internal 
accounting controls, (ii) auditable, (iii) equal in the aggregate to the 
total investment reflected in the financial property control accounts as 
well as the total of the cost allocations supporting the determination 
of cost-of-service at any particular point in time, and (iv) maintained 
throughout the life of the property.
    (3) The basic property records shall consist of (i) continuing 
property records and (ii) records supplemental thereto which together 
reveal clearly, by accounting area, the detailed and systematically 
summarized information necessary to meet fully the requirements of 
paragraphs (e)(1) and (e)(2) of this section.
    (4) Companies shall establish and maintain basic property records 
for each class of property recorded in the several plant accounts which 
comprise the balance sheet Account 2001, Telecommunications Plant In 
Service, Account 2002, Property Held for Future Telecommunications Use, 
and Account 2006, Nonoperating Plant.
    (5) The company shall notify the Commission of a plan for the basic 
property record as follows:
    (i) Not later than June 30 of the year following that in which it 
becomes subject to this system of accounts, the company shall file with 
the Commission two (2) copies of a complete plan of the method to be 
used in the compilation of a basic property record with respect to each 
class of property. The plan shall include a list of proposed accounting 
areas accompanied by description of the boundaries of each area as 
defined in accordance with the requirements of Sec. 32.2000(f)(1) (i) 
and (ii) of this subpart. The plan shall also include a list of property 
record units proposed for use under each regulated plant account. These 
property record units shall be selected such that the requirements of 
Sec. 32.2000(f)(2) (i), (ii) and (iii) of this subpart can be 
satisfied.
    (ii) The company shall submit to the Commission one copy of any 
major proposed changes in its basic property record plan at least 30 
days before the effective date of the proposed changes.
    (6) The company shall prepare and maintain the basic property record 
as follows:
    (i) Not later than June 30 of the year following that in which the 
company becomes subject to this system of accounts, begin the 
preparation of a basic property record.
    (ii) Complete within two years of the prescribed beginning date, 
basic property records for all property as of the end of the preceding 
calendar year.
    (iii) Promptly process in the basic property records all property 
changes affecting periods subsequent to initial establishment of the 
basic property record.
    (7) The basic property record components (see paragraph (c) of this 
section) shall be arranged in conformity with the regulated plant 
accounts prescribed in this section of accounts as follows:
    (i) The continuing property records shall be compiled on the basis 
of original cost (or other book cost consistent with this system of 
accounts). The continuing property records shall be maintained as 
prescribed in Sec. 32.2000(f)(2)(iii) of this subpart in such manner as 
will meet the following basic objectives:
    (A) Provide for the verification of property record units by 
physical examination.
    (B) Provide for accurate accounting for retirements.
    (C) Provide data for use in connection with depreciation studies.
    (ii) The records supplemental to the continuing property records 
shall disclose such service designations, usage measurement criteria, 
apportionment factors, or other data as may be prescribed by the 
Commission in this part or other parts of its Rules and Regulations. 
Such data are subject to the same general controls and standards for 
auditability and support as are all other elements of the basic property 
records.
    (f) Standard practices for establishing and maintaining continuing 
property records--(1) Accounting area. (i) The

[[Page 423]]

continuing property record, as related to each primary plant account, 
shall be established and maintained by subaccounts for each accounting 
area. An accounting area is the smallest territory of the company for 
which accounting records of investment are maintained for all plant 
accounts within the area. Areas already established for administrative, 
accounting, valuation, or other purposes may be adopted for this purpose 
when appropriate. In no case shall the boundaries of accounting areas 
cross either State lines or boundaries prescribed by the Commission.
    (ii) In determining the limit of each area, consideration shall be 
given to the quantities of property, construction conditions, operating 
districts, county and township lines, taxing district boundaries, city 
limits, and other political or geographical limits, in order that the 
area adopted may have maximum adaptability, within the confines of 
practicability, for both the company's purpose and those of Federal, 
State, and municipal authorities.
    (2) Property record units. (i) In each of the established accounting 
areas, the ``property record units'' which are to be maintained in the 
continuing property record shall be set forth separately, classified by 
size and type with the amount of original cost (or other appropriate 
book cost) associated with such units. When a list of property record 
units has been accepted by the Commission, they shall become the units 
referred to in this statement of standard practices. Such units shall 
apply to only the regulated portion of this system of accounts.
    (ii) When it is found necessary to revise this list because of the 
addition of units used in providing new types of service, or new units 
resulting from improvements in technology, or because of the grouping or 
elimination of units which no longer merit separate recognition as 
property record units, one copy of such changes shall be submitted to 
the Commission. Upon appropriate showing by the company, the Commission 
may specifically exempt the company from these filing requirements.
    (iii) The continuing property record shall reveal the description, 
location, date of placement, the essential details of construction, and 
the original cost (note also Sec. 32.2000(f)(3) of this subpart) of the 
property record units. The continuing property record and other 
underlying records of construction costs shall be so maintained that, 
upon retirement of one or more retirement units or of minor items 
without replacement when not included in the costs of retirement units, 
the actual cost or a reasonably accurate estimate of the cost of the 
plant retired can be determined.
    (3) Methods of determining original cost of property record units. 
The original cost of the property record units shall be determined by 
analyses of the construction costs incurred as shown by completion 
reports and other data, accumulated in the respective construction work 
orders or authorizations. Costs shall be allocated to and associated 
with the property record units to facilitate accounting for retirements. 
The original cost of property record units shall be determined by unit 
identification or averaging as described in paragraphs (f)(3) (i) and 
(ii) of this section.
    (i) Unit identification. Cost shall be identified and maintained by 
specific location for property record units contained within certain 
regulated plant accounts or account groupings such as Land, Buildings, 
Central Office Assets, Motor Vehicles, garage work equipment 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

[[Page 424]]

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.
    (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.

[[Page 425]]

    (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.
    (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 6561, Depreciation expense--
Telecommunications plant in service, or Account 6562, Depreciation 
expense--property held for future telecommunications use, over such 
period as this Commission may direct or approve.
    (h) Amortization accounting. (1) Unless otherwise provided by this 
Commission, either through approval, or upon prescription by this 
Commission, amortization shall be computed on the straight-line method, 
i.e., equal annual amounts shall be applied. The cost of each type asset 
shall be amortized on the basis the estimated life of that asset and 
shall not be written off in the

[[Page 426]]

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.
    (i) [Reserved]
    (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.


[[Page 427]]


[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; 69 FR 53648, Sept. 2, 2004]

    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.



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, 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

[[Page 428]]

specifically approved by this Commission, or when the provisions of 
paragraph (b)(3) of this section apply, debit amounts shall be amortized 
to Account 6565, Amortization expense--other.
    (2) Credit amounts shall be disposed of in such manner as this 
Commission may approve or direct, except for credit amounts referred to 
in paragraph (b)(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 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.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5685, Feb. 6, 2002; 69 
FR 53648, Sept. 2, 2004]



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]



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

[[Page 429]]

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 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

[[Page 430]]

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 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

[[Page 431]]

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 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]

[[Page 432]]



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 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

[[Page 433]]

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 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

[[Page 434]]

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 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 construction 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]

[[Page 435]]



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 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.

[[Page 436]]

    (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. 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.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002; 69 
FR 53649, Sept. 2, 2004]



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 
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.
    (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.

[[Page 437]]

    (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, as amended at 69 FR 53649, Sept. 2, 2004]



Sec. 32.3000  Instructions for balance sheet accounts--Depreciation and amortization.

    (a) Depreciation and Amortization Subsidiary Records:
    (1) Subsidiary record categories shall be maintained for each class 
of depreciable telecommunications plant in Account 3100 for which there 
is a prescribed depreciation rate. (See also Sec. 32.2000(g)(1)(iii) of 
this subpart.)
    (2) Subsidiary records shall be maintained for Accounts 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 depreciation--Tangible........  ...........         3400
    Accumulated depreciation--Capitalized              3410
     leases...................................
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994; 
67 FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004]



Sec. 32.3100  Accumulated depreciation.

    (a) This account shall include the accumulated depreciation 
associated with the investment contained in Account 2001, 
Telecommunications Plant in Service.
    (b) This account shall be credited with depreciation amounts 
concurrently charged to Account 6561, Depreciation expense--
telecommunications plant in service. (Note also Account 3300, 
Accumulated depreciation--nonoperating.)
    (c) At the time of retirement of depreciable operating 
telecommunications plant, this account shall be charged with the 
original cost of the property retired plus the cost of removal and 
credited with the salvage value and any insurance proceeds recovered.
    (d) This account shall be credited with amounts charged to Account 
1438, Deferred maintenance, 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.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002; 69 
FR 53649, Sept. 2, 2004]



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.

[[Page 438]]

    (b) This account shall be credited with amounts concurrently charged 
to Account 6562, Depreciation expense--property held for future 
telecommunications use.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5688, Feb. 6, 2002; 69 
FR 53649, Sept. 2, 2004]



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.

    (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.

[69 FR 53649, Sept. 2, 2004]



Sec. 32.3410  Accumulated amortization--capitalized leases.

    (a) This account shall include the accumulated amortization 
associated with the investment contained in Account 2681, Capital 
Leases.
    (b) This account shall be credited with amounts for the amortization 
of capital leases concurrently charged to Account 6563, Amortization 
expense--tangible. (Note also Account 3300, Accumulated depreciation--
nonoperating.)
    (c) When any item carried in Account 2681 is sold, is relinquished, 
or is otherwise retired from service, this account shall be charged with 
the cost of the retired item. Remaining amounts associated with the item 
shall be debited to Account 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; 69 
FR 53649, Sept. 2, 2004]



Sec. 32.3999  Instructions for balance sheet accounts--liabilities and
stockholders' equity.

[[Page 439]]



 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.
    (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]

[[Page 440]]



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.
    (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

[[Page 441]]

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:
    (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.)

[[Page 442]]

    (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.



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

[[Page 443]]

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]



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

[[Page 444]]

Current Deferred Nonoperating Income Taxes.
    (g) 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.
    (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.
    (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

[[Page 445]]

company and from all other transactions not includable in the other 
accounts appropriate for inclusion of stockholders' equity.
    (b) Subsidiary records shall be maintained wherein are recorded all 
entries to retained earnings during the year such that the detail of the 
entries may be disclosed to the Commission.



               Subpart D_Instructions For Revenue Accounts



Sec. 32.4999  General.

    (a) Purpose of revenue accounts. The revenue accounts are intended 
to include the actual cash inflows (or equivalents) that have or will 
occur as a result of the company's ongoing major or central operations 
during the period. They will include the revenues which arise from 
furnishing regulated telecommunications services to others, from 
directory advertising, rentals of telecommunications assets and from 
providing other services which are directly associated with the 
provision of regulated telecommunications services.
    (b) Deductions from revenue. Corrections of overcharges, authorized 
refunds of overcollections previously credited to revenue, authorized 
refunds and adjustments on account of failure in service, and other 
corrections shall be charged to the revenue account previously credited 
with the amounts involved.
    (c) Commissions. Commissions paid to others or employees in place of 
compensation or salaries for services rendered, such as public telephone 
commissions, shall be charged to Account 6623, Customer services, and 
not to the revenue accounts. Other commissions shall be charged to the 
appropriate expense accounts.
    (d) Revenue recognition. Credits shall be made to the appropriate 
revenue accounts when such revenue is actually earned. When the billing 
cycle encompasses more than one accounting period, adjustments are 
necessary to properly recognize the revenue applicable to the current 
accounting period under report. Revenues recorded under the terms of 
two-tier contracts or other variable payment plans should be deferred, 
if necessary, and recognized ratably with expenses over the terms of the 
related contract. Any amounts deferred shall be credited to Account 
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 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 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

[[Page 446]]

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.
    (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.................       5100       5100
Miscellaneous revenues:
    Miscellaneous revenue.........................       5200       5200
    Directory revenue.............................       5230  .........

[[Page 447]]

 
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; 69 FR 53649, Sept. 2, 2004]



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 5230, 
Directory 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, as amended at 69 FR 53650, Sept. 2, 2004]



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 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

[[Page 448]]

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 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

[[Page 449]]

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 (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 
sources. For Class B companies, this account shall also include revenue 
of the type and

[[Page 450]]

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, 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;

[[Page 451]]

    (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.

[69 FR 53650, Sept. 2, 2004]



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 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.

[[Page 452]]

    (b) Plant Specific Operations Expense. (1) The Plant Specific 
Operations Expense Accounts, 6110 through 6441, are used to record costs 
related to specific kinds of telecommunications plant.
    (2) The Plant Specific Operations Expense accounts predominantly 
mirror the telecommunications plant in service detail accounts and are 
numbered consistently with them; the first digit of the expense account 
being six (6) and the remaining digits being the same as the last three 
numbers of the related plant account. In classifying Plant Specific 
Operations expenses, the text of the corresponding plant account should 
be consulted to ensure appropriateness.
    (3) The Plant Specific Operations Expense accounts shall include the 
costs of inspecting, testing (except as specified in Account 6533, 
Testing Expense) and reporting on the condition of telecommunications 
plant to determine the need for repairs, replacements, rearrangements 
and changes; performing routine work to prevent trouble (except as 
specified in Account 6533), replacing items of plant other than 
retirement units; rearranging and changing the location of plant not 
retired; repairing material for reuse; restoring the condition of plant 
damaged by storms, floods, fire or other casualties (other than the cost 
of replacing retirement units); inspecting after repairs have been made; 
and receiving training to perform these kinds of work. Also included are 
the costs of direct supervision (immediate of first-level) and office 
support of this work.
    (4) In addition to the activities specified in paragraph (b)(3) of 
this section, the appropriate Plant Specific Operations Expense accounts 
shall include the cost of personnel whose principal job is the operation 
of plant equipment, such as general purpose computer operators, aircraft 
pilots, chauffeurs and shuttle bus drivers. However, when the operation 
of equipment is performed as part of other identifiable functions (such 
as the use of office equipment, capital tools or motor vehicles), the 
operators' cost shall be charged to accounts appropriate for those 
functions. (For costs of operator services personnel, see Accounts 6621, 
Call completion services, and 6622, Number services, and for costs of 
test board personnel see Account 6533.)
    (c) Plant nonspecific operations expense. The Plant Nonspecific 
Operations Expense accounts shall include expenses related to property 
held for future telecommunications use, provisioning expenses, network 
operations expenses, and depreciation and amortization expenses. 
Accounts in this group (except for Account 6540, Access expense, and 
Accounts 6560 through 6565) shall include the costs of performing 
activities described in narratives for individual accounts. These costs 
shall also include the costs of supervision and office support of these 
activities.
    (d) Customer Operations Expense. The Customer Operations Expense 
accounts shall include the cost of performing customer related marketing 
and services activities described in narratives for individual accounts. 
These costs shall also include the costs of supervision, office support 
and training for these activities.
    (e) Corporate Operations Expense. The Corporate Operations Expense 
accounts shall include the costs of performing executive and planning 
activities and general and administrative activities described in 
narratives for individual accounts. These costs shall also include the 
costs of supervision, office support and training for these activities.
    (f) 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  ...........

[[Page 453]]

 
    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
    Depreciation expense--telecommunications           6561  ...........
     plant in service.........................
    Depreciation expense--property held for            6562  ...........
     future telecommunications use............
    Amortization expense--tangible............         6563  ...........
    Amortization expense--intangible..........         6564  ...........
    Amortization expense--other...............         6565  ...........
Customer operations expense:
    Marketing.................................  ...........         6610
    Product management and sales..............         6611  ...........
    Product advertising.......................         6613  ...........
    Services..................................  ...........         6620
    Call completion services..................         6621  ...........
    Number services...........................         6622  ...........
    Customer services.........................         6623  ...........
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; 69 FR 53651, Sept. 2, 2004]



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

[[Page 454]]

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 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.

[[Page 455]]



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]



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

[[Page 456]]

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.



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

[[Page 457]]

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.)



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.

    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 53652, Sept. 2, 2004]



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]

[[Page 458]]



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]



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]



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.

    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.

[69 FR 53652, Sept. 2, 2004]



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;

[[Page 459]]

    (2) Maintaining and billing customer accounts;
    (3) Collecting and investigating customer accounts, including 
collecting revenues, reporting receipts, administering collection 
treatment, and handling contacts with customers regarding adjustments of 
bills;
    (4) Collecting and reporting pay station receipts; and
    (5) Instructing customers in the use of products and services.
    (b) This account shall also include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for 
billing and collection services. Subsidiary record categories shall be 
maintained in order that the entity may separately report interstate and 
intrastate amounts. Such subsidiary record categories shall be reported 
as required by part 43 of 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

[[Page 460]]

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 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]

[[Page 461]]



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 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.

[[Page 462]]



Sec. 32.7230  Operating state and local income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes--
Accrued, shall be credited for the amount of state and local income 
taxes for the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes should be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) No entries shall be made to this account to reflect interperiod 
tax allocations.



Sec. 32.7240  Operating other taxes.

    (a) This account shall be charged and Account 4080, Other Taxes--
Accrued, shall be credited for all taxes, other than Federal, state and 
local income taxes and payroll related taxes, related to regulated 
operations applicable to current periods. Among the items includable in 
this account are property, gross receipts, franchise and capital stock 
taxes; this account shall also reflect subsequent adjustments to amounts 
previously charged.
    (b) Special assessments for street and other improvements and 
special benefit taxes, such as water taxes and the like, shall be 
included in the operating expense accounts or investment accounts, as 
may be appropriate.
    (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.

[[Page 463]]

    (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.
    (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]

[[Page 464]]



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.
    (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.

[[Page 465]]

    (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.
    (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]

[[Page 466]]



                           Subpart G_Glossary



Sec. 32.9000  Glossary of terms.

    When used in this system of accounts:
    Accelerated depreciation means a depreciation method or period of 
time, including the treatment given cost of removal and gross salvage, 
used in calculating depreciation deductions on income tax returns which 
is different from the depreciation method or period of time prescribed 
by this Commission for use in calculating depreciation expense recorded 
in a company's books of account.
    Account means a specific element of a chart of accounts used to 
record, classify and accumulate similar financial transactions resulting 
from the operations of the entity. ``Accounts'' or ``these accounts'' 
refer to the accounts of this system of accounts.
    Accounting system means the total set of interrelated principles, 
rules, requirements, definitions, accounts, records, procedures and 
mechanisms necessary to operate and evaluate the entity from a financial 
perspective. An accounting system generally consists of a chart of 
accounts, various parallel subsystems and subsidiary records. An 
accounting system is utilized to provide the necessary financial 
information to users to meet judiciary and other responsibilities.
    Affiliated companies means companies that directly or indirectly 
through one or more intermediaries, control or are controlled by, or are 
under common control with, the accounting company. See also Control.
    Amortization means the systematic recoveries, through ratable 
charges to expense, of the cost of assets.
    Associated equipment means that equipment which functions with a 
specific type of plant or with two (2) or more types of plant, e.g., 
switching equipment, network power equipment, circuit equipment, common 
channel network signaling equipment or network operations equipment. 
Associated equipment shall be classified to the account appropriate for 
the type of equipment with which it is predominately used rather than on 
its own characteristics.
    Illustrative examples of associated equipment are:

Alarm and signal apparatus
Auxiliary framing
Cable and cable racks
Distributing frames and equipment thereon
Frame and aisle lighting equipment (not permanently attached to the 
building)
Relay racks and panels

    Basic service area means the minimum specified calling area for 
which a tariff is prescribed.
    Book cost means the amount at which property is recorded in these 
accounts, 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.

[[Page 467]]

    Cost of removal means the cost of demolishing, dismantling, 
removing, tearing down, or otherwise disposing of telecommunications 
plant and recovering the salvage, including the cost of transportation 
and handling incident thereto.
    Depreciation means the loss not restored by current maintenance, 
incurred in connection with the consumption or prospective retirement of 
telecommunications plant in the course of service from causes which are 
known to be in current operation, against which the company is not 
protected by insurance, and the effect of which can be forecast with a 
reasonable approach to accuracy. Among the causes to be given 
consideration are wear and tear, decay, action of the elements, 
inadequacy, obsolescence, changes in technology, changes in demand and 
requirements of public authorities.
    Entity means a legal enterprise (common carrier) engaged in 
interstate communications within the meaning of the Communications Act 
of 1934, as amended.
    Group plan, as applied to depreciation accounting, means the plan 
under which depreciation charges are accrued upon the basis of the 
original cost of all property included in each depreciable plant 
account, using the average service life thereof properly weighted, and 
upon the retirement of any depreciable property its cost is charged to 
the depreciation reserve whether or not the particular item has attained 
the average service life.
    Indexed revenue threshold for a given year means $100 million, 
adjusted for inflation, as measured by the Department of Commerce Gross 
Domestic Product Chain-type Price Index (GDP-CPI), for the period from 
October 19, 1992 to the given year. The indexed revenue threshold for a 
given year shall be determined by multiplying $100 million by the ratio 
of the annual value of the GDP-CPI for the given year to the estimated 
seasonally adjusted GDP-CPI on October 19, 1992. The indexed revenue 
threshold shall be rounded to the nearest $1 million. The seasonally 
adjusted GDP-CPI on October 19, 1992 is determined to be 100.69.
    Intangible property means assets that have no physical existence but 
instead have value because of the rights which ownership confers.
    Intrasystems means assets consisting of:
    (1) PBX and Key System Common Equipment (a switchboard or switching 
equipment shared by all stations);
    (2) Associated CPE station equipment (usually telephone or Key 
Telephone Systems); and
    (3) Intrasystem wiring (all cable or wiring and associated 
components which connect the common equipment and the station equipment, 
located on 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.

[[Page 468]]

    Plant retired means plant which has been removed, sold, abandoned, 
destroyed, or otherwise withdrawn from service.
    Retirement units, as applied to depreciable telecommunications 
plant, means those items of plant which when removed (with or without 
replacement) cause the initiation of retirement accounting entries.
    Salvage value means the amount received for property retired, if 
sold, or if retained for reuse, the amount at which the material 
recovered is chargeable to Account 1220, Material and Supplies, or other 
appropriate account.
    Straight-line method, as applied to depreciation accounting, means 
the plan under which the cost of property is charged to operating 
expenses and credited to accumulated depreciation through equal annual 
charges as nearly as may be during its service life.
    Subsidiary record means accumulation of detailed information which 
is required by this Commission to be maintained in support of entries to 
the accounts.
    Subsidiary record categories means those segregations of certain 
regulated costs, expenses and revenues which must be maintained and are 
subject to specific reporting requirements of this Commission.
    Subsystems, parallel mechanisms means processes or procedures which 
augment the use of a chart of accounts in the financial operation of the 
entity. These subsystems operate on and/or process account and 
subsidiary record information for specific purposes.
    Telecommunications means any transmission, emission, or reception of 
signs, signals, writing, images or sounds or intelligence of any nature 
by wire, radio, visual or other electromagnetic systems. This 
encompasses the aggregate of several modes of conveying information, 
signals or messages over a distance. Included in the telecommunications 
industry is the transmitting, receiving, or exchanging of information 
among multiple locations. The minimum elements required for the 
telecommunications process to occur are a message source, a transmission 
medium and a receiver.
    Time of installation means the date at which telecommunications 
plant is placed in service.
    Time of retirement means the date at which telecommunications plant 
is retired from service.
    Tangible property means assets characterized by physical existence, 
such as land, buildings, equipment, furniture, fixtures and tools.

[51 FR 43499, Dec. 2, 1986, as amended at 61 FR 50245, Sept. 25, 1996; 
62 FR 39778, July 24, 1997; 62 FR 51064, Sept. 30, 1997; 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.

[[Page 469]]

36.125 Local switching equipment--Category 3.
36.126 Circuit equipment--Category 4.

           Information Origination/Termination (IOT) Equipment

36.141 General.
36.142 Categories and apportionment procedures.

                        Cable and Wire Facilities

36.151 General.
36.152 Categories of Cable and Wire Facilities (C&WF).
36.153 Assignment of Cable and Wire Facilities (C&WF) to categories.
36.154 Exchange Line Cable and Wire Facilities (C&WF)--Category 1--
          apportionment procedures.
36.155 Wideband and exchange truck (C&WF)--Category 2--apportionment 
          procedures.
36.156 Interexchange Cable and Wire Facilities (C&WF)--Category 3--
          apportionment procedures.
36.157 Host/remote message Cable and Wire Facilities (C&WF)--Category 
          4--apportionment procedures.

                           Amortizable Assets

36.161 Tangible assets--Account 2680.
36.162 Intangible assets--Account 2690.

                     Telecommunications Plant--Other

36.171 Property held for future telecommunications use--Account 2002; 
          Telecommunications plant under construction--Account 2003; and 
          Telecommunications plant adjustment--Account 2005.

                       Rural Telephone Bank Stock

36.172 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).

[[Page 470]]

                       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.

                 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

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.

    Editorial Note: Nomenclature changes to part 36 appear at 74 FR 
23956, May 22, 2009.



                            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.

[[Page 471]]

    (1) Where a value basis is used instead of book costs, the ``costs'' 
referred to are the ``values'' of the property derived from the 
valuation.
    (b) The separations procedures set forth in this part are designed 
primarily for the allocation of property costs, revenues, expenses, 
taxes and reserves between state and interstate jurisdictions. For 
separations, where required, of the state portion between exchange and 
toll or for separations of individual exchanges or special services, 
further analyses and studies may be required to adapt the procedures to 
such additional separations.
    (c) The fundamental basis on which separations are made is the use 
of telecommunications plant in each of the operations. The first step is 
the assignment of the cost of the plant to categories. The basis for 
making this assignment is the identification of the plant assignable to 
each category and the determination of the cost of the plant so 
identified. The second step is the apportionment of the cost of the 
plant in each category among the operations by direct assignment where 
possible, and all remaining costs are assigned by the application of 
appropriate use factors.
    (d) In assigning book costs to categories, the costs used for 
certain plant classes are average unit costs which equate to all book 
costs of a particular account or subaccount; for other plant classes, 
the costs used are those which either directly approximate book cost 
levels or which are equated to match total book costs at a given 
location.
    (e) The procedures outlined herein reflect ``short-cuts'' where 
practicable and where their application produces substantially the same 
separations results as would be obtained by the use of more detailed 
procedures, and they assume the use of records generally maintained by 
Telecommunications Companies.
    (f) The classification to accounts of telecommunications property, 
revenues, expenses, etc., set forth in this manual is that prescribed by 
the Federal Communications Commission's Uniform System of Accounts for 
Telecommunications Companies.
    (g) In the assignment of property costs to categories and in the 
apportionment of such costs among the operations, each amount so 
assigned and apportioned is identified as to the account classification 
in which the property is included. Thus, the separated results are 
identified by property accounts and apportionment bases are provided for 
those expenses which are separated on the basis of the apportionment of 
property costs. Similarly, amounts of revenues and expenses assigned 
each of the operations are identified as to account classification.
    (h) The separations procedures described in this part are not to be 
interpreted as indicating what property, revenues, expenses and taxes, 
or what items carried in the income, reserve and retained earnings 
accounts, should or should not be considered in any investigation or 
rate proceeding.



Sec. 36.2  Fundamental principles underlying procedures.

    (a) The following general principles underlie the procedures 
outlined in this part:
    (1) Separations are intended to apportion costs among categories or 
jurisdictions by actual use or by direct assignment.
    (2) Separations are made on the ``actual use'' basis, which gives 
consideration to relative occupancy and relative time measurements.
    (3) In the development of ``actual use'' measurements, measurements 
of use are (i) determined for telecommunications plant or for work 
performed by operating forces on a unit basis (e.g., conversation-
minute-kilometers per message, weighted standard work seconds per call) 
in studies of traffic handled or work performed during a representative 
period for all traffic and (ii) applied to overall traffic volumes, 
i.e., 24-hour rather than busy-hour volumes.
    (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.

[[Page 472]]

    (2) Within the interexchange classification, there are three broad 
types of plant, i.e., operator systems, switching plant, and trunk 
transmission equipment. Within the exchange classification there are 
four board types of plant, i.e., operator systems, switching plant, 
truck equipment and subscriber plant. Subscriber plant comprises lines 
to the subscriber.
    (3) In general, the basis for apportioning telecommunications plant 
used jointly for state and interstate operations are:
    (i) Operator work time expressed in weighted standard work seconds 
is the basis for measuring the use of operator systems.
    (ii) Holding-time-minutes is the basis for measuring the use of 
local and 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) Message telecommunications subscriber plant shall be 
apportioned on the basis of a Gross Allocator which assigns 25 percent 
to the interstate jurisdiction and 75 percent to the state jurisdiction.
    (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; 71 
FR 65745, Nov. 9, 2006]



Sec. 36.3  Freezing of jurisdictional separations category relationships
and/or allocation factors.

    (a) Effective July 1, 2001, through June 30, 2010, 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

[[Page 473]]

telecommunications plant categories during the period July 1, 2001, 
through June 30, 2010, for which it had no separations allocation 
factors for the twelve month period ending December 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, 2010, 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, 2010, 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, 2010, 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, 2010, 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, 
2010, 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,

[[Page 474]]

2001 through June 30, 2010, such companies shall utilize the separations 
allocation factors and account categorization subject to the 
requirements of 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 475]]

                        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 476]]

    (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, 2010, 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, 2010, 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 477]]

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 478]]

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, 2010, 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, 2010, 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 479]]

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, 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 interstate DEM factor and the 1996 interstate DEM 
factor multiplied by a weighting factor as determined by the table 
below. The Category 3 investment that is not assigned to the interstate 
jurisdiction pursuant to this paragraph is assigned to the state 
jurisdiction.

------------------------------------------------------------------------
                                                               Weighting
       Number 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, 2010, 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, 2010, 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, 
2010, 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; 71 FR 65745, Nov. 9, 
2006]



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.
    (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.

[[Page 480]]

    (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, 2010, 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 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, 2010, 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

[[Page 481]]

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. 36.156.
    (3) All Other Interexchange Circuit Equipment--Category 4.23--This 
category includes the cost of all interexchange circuit equipment not 
assigned to Categories 4.21 and 4.22. The cost of interexchange basic 
circuit equipment used for the following classes of circuits is included 
in this category: Jointly used message circuits, i.e., message switching 
plant circuits carrying messages from the state and interstate 
operations; circuits used for state 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

[[Page 482]]

termination counts of each of the following classes of circuits: Private 
Line, State Private Line, Message. 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) [Reserved]
    (iii) The cost of special circuit equipment is segregated among 
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 special circuit equipment cost assigned to 
telegraph grade and other private line services is directly assigned to 
the appropriate operations.
    (4) Effective July 1, 2001, through June 30, 2010, 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, 2010, 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; 71 FR 65745, Nov. 
9, 2006]

           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, 2010, 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.

[[Page 483]]

    (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, 2010, 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; 71 
FR 65746, Nov. 9, 2006]

                        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.



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, 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 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

[[Page 484]]

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, 2010, 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; 71 
FR 65746, Nov. 9, 2006]



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 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,

[[Page 485]]

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 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

[[Page 486]]

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) Effective January 1, 1986, 25 percent of the costs assigned to 
subcategory 1.3 shall be allocated to the interstate jurisdiction.
    (d)-(f) [Reserved]
    (g) Effective July 1, 2001, through June 30, 2010, 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; 71 FR 65746, Nov. 9, 2006]



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, 2010, 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 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 where 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, etc.
    (c) Effective July 1, 2001, through June 30, 2010, 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; 
71 FR 65746, Nov. 9, 2006]



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, 2010, 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]

[[Page 487]]

                           Amortizable Assets



Sec. 36.161  Tangible assets--Account 2680.

    (a) Tangible Assets, Account 2680 includes the costs of property 
acquired under capital leases and the original cost of leasehold 
improvements.
    (b) The costs of capital leases are apportioned among the operations 
based on similar plant owned or by analysis.
    (c) The cost of leasehold improvements are apportioned among the 
operations in direct proportion to the costs of the related primary 
account.



Sec. 36.162  Intangible assets--Account 2690.

    (a) Intangible Assets, Account 2690 includes the costs of organizing 
and incorporating the company, franchises, patent rights, and other 
intangible property having a life of more than one year.
    (b) The amount included in this account is apportioned among the 
operations on the basis of the separation of the cost of 
Telecommunications Plant In Service, Account 2001, excluding the 
Intangible Assets, Account 2690.

                     Telecommunications Plant--Other



Sec. 36.171  Property held for future telecommunications use--Account 2002;
Telecommunications plant under construction--Account 2003; and 

Telecommunications  plant adjustment--Account 2005.

    The amounts carried in Accounts 2002, 2003, and 2005 are apportioned 
among the operations on the basis of the apportionment of Account 2001, 
Telecommunications Plant in Service.

[60 FR 12138, Mar. 6, 1995]

                       Rural Telephone Bank Stock



Sec. 36.172  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

[[Page 488]]

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, 2010, 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
    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 revenues from monthly and miscellaneous 
charges, service connections, move and change charges, are apportioned 
between state and interstate operations on the basis of the relative 
number of minutes-of-use in the study area. Effective July 1, 2001, 
through June 30, 2010,

[[Page 489]]

all study areas shall apportion Wideband Message Service revenues among 
the jurisdictions using the relative number of 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; 71 
FR 65746, Nov. 9, 2006]



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 revenues from monthly and miscellaneous 
charges, service connections, move and change charges, are apportioned 
between state and interstate operations on the basis of the relative 
number of minutes-of-use in the study area. Effective July 1, 2001 
through June 30, 2010, all study areas shall apportion Wideband Message 
Service revenues among the jurisdictions using the relative number of 
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; 71 
FR 65746, Nov. 9, 2006]



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.

[[Page 490]]

    (c) The portion reflecting allowance for funds used during 
construction is apportioned on the basis of the cost of 
Telecommunications Plant Under Construction--Account 2003. The portion 
reflecting costs for social and community welfare contributions and fees 
is apportioned on the basis of the apportionment of corporate operations 
expenses.

[52 FR 17229, May 6, 1987, as amended at 60 FR 12138, Mar. 6, 1995]



Sec. 36.223  Interest and related items--Account 7500.

    (a) Only interest paid relating to capital leases is considered in 
this account for separations purposes. Subsidiary Record Categories 
should be maintained for this account that include details relating to 
interest expense on capital leases. Such interest expense is apportioned 
on a basis consistent with the associated capital leases in Account 
2680.



Sec. 36.224  Extraordinary items--Account 7600.

    (a) Amounts in this account of an operating nature are apportioned 
on a basis consistent with the nature of these items.



Sec. 36.225  Income effect of jurisdictional ratemaking differences
--Account 7910.

    (a) Amounts in this account are directly assigned to the appropriate 
jurisdiction.



                 Subpart D_Operating Expenses and Taxes

                                 General



Sec. 36.301  Section arrangement.

    (a) This subpart is arranged in sections as follows:

General......................................  36.301 and
                                               36.302.
Plant Specific Operations Expenses:
    General..................................  36.310.
    Network Support/General Support Expenses-- 36.311.
     Accounts 6110 and 6120 (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 6530  36.353.
     (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
     Telephone Companies); Accounts 7210,      36.412.
     7220, 7230, 7240, and 7250 (Class A
     Telephone Companies).
    Equal Access Expenses....................  36.421.
 


[[Page 491]]


[69 FR 12551, Mar. 17, 2004]



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 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,

[[Page 492]]

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]

                   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.
 


[[Page 493]]


[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.

                      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, 
2010, 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,

[[Page 494]]

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, 2010, 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, 2010, 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) 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.
    (3) The expense associated with directories and traffic information 
records prepared for one locality and used in another locality is known 
as ``foreign directories expense.'' Such expense is assigned to the 
appropriate operation on the basis of the location of the point where 
used with respect to the locality for which the directories and records 
were prepared.
    (4) Effective July 1, 2001, through June 30, 2010, 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.
    (5) Effective July 1, 2001 through June 30, 2010, 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; 71 
FR 65746, Nov. 9, 2006]



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, 2010, 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

[[Page 495]]

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.
    (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) [Reserved]
    (ix) Effective July 1, 2001, through June 30, 2010, 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 
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, 2010, 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.
    (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.

[[Page 496]]

    (v) Local, including directory advertising payment and collection 
expense is assigned to the State jurisdiction.
    (vi) [Reserved]
    (vii) Effective July 1, 2001, through June 30, 2010, 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. 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)(v), 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; 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.
    (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) [Reserved]
    (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, 2010 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. 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.

[[Page 497]]

    (vi) Interstate billing and collection service order processing 
expense is directly assigned to the interstate jurisdiction.
    (vii) Effective July 1, 2001 through June 30, 2010, 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.
    (i) State special access and private line payment and collection 
expense is directly assigned to the State 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 State jurisdiction.
    (vi) Interstate billing and collection payment and collection 
expense is directly assigned to the interstate jurisdiction.
    (vii) Effective July 1, 2001 through June 30, 2010, 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, 2010, study areas 
subject to price cap regulation, pursuant to Sec. 61.41

[[Page 498]]

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) [Reserved]

[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001; 71 
FR 65746, Nov. 9, 2006]



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, 2010, 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, 2010, 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, 2010, 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

[[Page 499]]

one third of the expenses assigned this classification to the interstate 
jurisdiction, and two thirds of the expenses assigned this 
classification to the state jurisdiction.
    (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, 2010, 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, 2010, 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, 2010, 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, 2010, 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, 2010, 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 
Companies); Accounts 6211 and 6212 (Class A Telephone Companies)

[[Page 500]]

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 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.

[[Page 501]]



                    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-
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.

[[Page 502]]

    (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 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

[[Page 503]]

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]



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

[[Page 504]]

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, 
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

[[Page 505]]

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 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

[[Page 506]]

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 4.13 investment 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 
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

[[Page 507]]

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) Until June 30, 2001, an amount calculated to produce the maximum 
total Universal Service Fund allowable pursuant to Sec. 36.601(c). 
Effective July 1, 2001, for non-rural carriers, an amount calculated to 
produce the maximum non-rural carrier portion of nationwide loop cost 
expense adjustment allowable pursuant to Sec. 36.602. Effective July 1, 
2001, for rural carriers, an amount calculated to produce the maximum 
rural incumbent local exchange carrier portion of nationwide loop cost 
expense adjustment allowable pursuant to Sec. 36.603(a).

[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; 72 FR 46919, Aug. 22, 
2007]

    Calculation of Expense Adjustment--Additional Interstate Expense 
                               Allocation



Sec. 36.631  Expense adjustment.

    (a)-(b) [Reserved]
    (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

[[Page 508]]

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, 1998, 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) 
for non-rural telephone companies serving study areas reporting more 
than 200,000 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) Ten percent of the study area average unseparated loop cost per 
working loop cost per working loop as calculated pursuant to Sec. 
36.622(b) in excess of 115 percent of the national average for this cost 
but not greater than 160 percent of the national average for this cost 
as calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area;
    (2) Thirty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
160 percent of the national average for this cost but not greater than 
200 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area;
    (3) Sixty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
200 percent of the national average for this cost but not greater than 
250 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area; and
    (4) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in 
excess of 250 percent of the national average for this cost as 
calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area.
    (e) Beginning April 1, 1989, the expense adjustment calculated 
pursuant to Sec. 36.631 (c) and (d) shall be adjusted each year to 
reflect changes in the size of the Universal Service Fund resulting from 
adjustments calculated pursuant to Sec. 36.612(a) made during the 
previous year. If the resulting amount exceeds the previous year's fund 
size, the difference will be added to the amount calculated pursuant to 
Sec. 36.631 (c) and (d) for the following year. If the adjustments made 
during the previous year result in a decrease in the size of the funding 
requirement, the difference will be subtracted from the amount 
calculated pursuant to Sec. 36.631 (c) and (d) for the following year.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33011 and 33012, Aug. 29, 
1988; 63 FR 2125, Jan. 13, 1998; 64 FR 67430, Dec. 1, 1999; 64 FR 73428, 
Dec. 30, 1999; 69 FR 12553, Mar. 17, 2004; 71 FR 65747, Nov. 9, 2006]

                     Transitional Expense Adjustment

Subpart G [Reserved]



                   Sec. 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.

                                Book Cost

    The cost of property as recorded on the books of a company.

[[Page 509]]

                            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, or private 
line services.

                           Circuit Kilometers

    The route kilometers or revenue producing circuits in service, 
determined by measuring the length in terms of kilometers, of the actual 
path followed by the transmission medium.

                    Common Channel Network Signaling

    Channels between switching offices used to transmit signaling 
information independent of the subscribers' communication paths or 
transmission channels.

                          Complement (of cable)

    A group of conductors of the same general type (e.g., quadded, 
paired) within a single cable sheath.

                                 Complex

    All groups of operator positions, wherever located, associated with 
the same call distribution and/or stored program control unit.

                         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

[[Page 510]]

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 machines for transcribing 
raw data into punched cards, etc., but does not include such items as 
key-operated, manually or electrically driven adding, calculating, 
bookkeeping or billing machines, typewriters or similar equipment.

                        Dial Switching Equipment

    Switching equipment actuated by electrical impulses generated by a 
dial or key pulsing arrangement.

                           Equal Access Costs

    Include only initial incremental presubscription costs and initial 
incremental expenditures for hardware and software related directly to 
the provision of equal access which would not be required to upgrade the 
switching capabilities of the office involved absent the provisions of 
equal access.

                            Equivalent Gauge

    A standard cross section of cable conductors for use in equating the 
metallic content of cable conductors of all gauge to a common base.

                    Equivalent Kilometers of 104 Wire

    The basic units employed in the allocation of pole lines costs for 
determining the relative use made of poles by aerial cables and by 
aerial wire conductors of various sizes. This unit reflects the relative 
loads of such cable and wire carried on poles.

                       Equivalent Pair Kilometers

    The product of sheath Kilometers and the number of equivalent gauge 
pairs of conductors in a cable.

                      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 facilities (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.

[[Page 511]]

                           Intertoll Circuits

    Circuits between toll centers and circuits between a toll center and 
a tandem system in a different toll center area.

                              Local Channel

    The portion of a private line circuit which is included in the 
exchange transmission plant. However, common usage of this term usually 
excludes information origination/termination equipment.

                              Local Office

    A central office serving primarily as a place of termination for 
subscriber lines and for providing telephone service to the subscribers 
on these lines.

                                  Loop

    A pair of wires, or its equivalent, between a customer's station and 
the central office from which the station is served.

                                 Message

    A completed call, i.e., a communication in which a conversation or 
exchange of information took place between the calling and called 
parties.

                 Message Service or Message Toll Service

    Switched service furnished to the general public (as distinguished 
from private line service). Except as otherwise provided, this includes 
exchange switched services and all switched services provided by 
interexchange carriers and completed by a local telephone company's 
access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs.

                              Message Units

    Unit of measurement used for charging for measured message telephone 
exchange traffic within a specified area.

                        Metropolitan Service Area

    The area around and including a relatively large city and in which 
substantially all of the message telephone traffic between the city and 
the suburban points within the area is classified as exchange in one or 
both directions.

                             Minutes-of-Use

    A unit of measurement expressed as either holding time or 
conversation time.

                        Minutes-of-Use-Kilometers

    The product of (a) the number of minutes-of-use and (b) the average 
route kilometers of circuits involved.

                          Multi-Center Exchange

    An exchange area in which are located two or more local central 
office buildings or wire centers.

                               Operations

    The term denoting the general classifications of services rendered 
to the public for which separate tariffs are filed, namely exchange, 
state toll and interstate toll.

                             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 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.

[[Page 512]]

                            Special Services

    All services other than message telephones, e.g., 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) 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 or PBX station 
and the central office which serves it.

                           Subtributary Office

    A class of tributary office which does not have direct access to its 
toll center, but which is connected to its toll center office by means 
of circuits which are switched through to the toll center at another 
tributary office.

                               Tandem Area

    The general areas served by the local offices having direct trunks 
to or from the tandem office. This area may consist of one or more 
communities or may include only a portion of a relatively large city.

                         Tandem Circuit or Trunk

    A general classification of circuits or trunks between a tandem 
central office unit and any other central office or switchboard.

                            Tandem Connection

    A call switched at a tandem office.

                              Tandem Office

    A central office unit used primarily as an intermediate switching 
point for traffic between local central offices within the tandem area. 
Where qualified by a modifying expression, or other explanation, this 
term may be applied to an office employed for both the interconnection 
of local central offices within the tandem area and for the 
interconnection of these local offices with other central offices, e.g., 
long haul tandem office.

                               Toll Center

    An office (or group of offices) within a city which generally 
handles the originating and incoming toll traffic for that city to or 
from other toll center areas and which handles through switched traffic. 
The toll center normally handles the inward toll traffic for its 
tributary exchanges and, in general, either handles the outward traffic 
originating at its tributaries or serves as the outlet to interexchange 
circuits for outward traffic ticketed and timed at its tributaries. Toll 
centers are listed as such in the Toll Rate and Route Guide.

                            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

[[Page 513]]

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.

                      Weighted Standard Work Second

    A measurement of traffic operating work which is used to express the 
relative time required to handle the various kinds of calls or work 
functions, and which is weighted to reflect appropriate degrees of 
waiting to serve time.

                    Wide Area Telephone Service WATS

    A toll service offering for customer dial type telecommunications 
between a given customer station and stations within specified 
geographic rate areas employing a single access line between the 
customer location and the serving central office. Each access line may 
be arranged for either outward (OUT-WATS) or inward (IN-WATS) service or 
both.

                            Wideband Channel

    A communication channel of a bandwidth equivalent to twelve or more 
voice grade channels.

                              Working Loop

    A revenue producing pair of wires, or its equivalent, between a 
customer's station and the central office from which the station is 
served.

[71 FR 65747, Nov. 9, 2006]

                         PARTS 37	39 [RESERVED]

[[Page 515]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 517]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2009)

                      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  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 518]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         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 (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)

[[Page 519]]

       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 520]]

                         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)
      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 Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)

[[Page 521]]

      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)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    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)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

[[Page 522]]

     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      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)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       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 (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (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)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)

[[Page 523]]

         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 524]]

          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 Service, 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 525]]

        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 (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          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 
                HousingCommissioner, 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)

[[Page 526]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, 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 (Parts 1200--1299)

                      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)

[[Page 527]]

        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   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)

[[Page 528]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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)

[[Page 529]]

    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)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       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)

[[Page 530]]

        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 (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             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)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        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 Regulatory 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)

[[Page 531]]

            Chapters 62--100 [Reserved]
            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)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [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 303-1--303-99)
       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)

[[Page 532]]

             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
        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) 
                [Reserved]
         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)

[[Page 533]]

       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)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, 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  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)

[[Page 534]]

        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)
        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 [Reserved]
        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  Pipeline and Hazardous Materials Safety 
                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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

[[Page 535]]

                   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)
         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 537]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2009)

                                                  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              22, II
  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                               2, IX; 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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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 538]]

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                       5, LXVIII; 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
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 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 539]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
Election Assistance Commission                    11, II
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                   2, XV; 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

[[Page 540]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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 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 Agency                    12, XII
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

[[Page 541]]

General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  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 Accountability Office                  4, I
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          2, III; 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
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 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
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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

[[Page 542]]

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
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
  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            2, XIV; 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 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
Investment Security, Office of                    31, VIII
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                                2, XXVII; 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

[[Page 543]]

  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
  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
  Copyright Royalty Board                         37, III
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, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
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
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
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 Intelligence, Office of Director of      32, XVII
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

[[Page 544]]

National Science Foundation                       2, XXV; 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
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
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
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
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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
[[Page 545]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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                                  2, VI; 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
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                     2, XII; 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
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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 Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 546]]

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 547]]







                      Table of OMB Control Numbers



The OMB control numbers for chapter I of title 47 are consolidated into 
Sec.  0.408. For the convenience of the user, Sec.  0.408 is reprinted 
below.

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, Public Law 104-13. The Commission 
intends that this section comply with the requirement that agencies 
``display'' current control numbers and expiration dates assigned by the 
Director, 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 
currently valid OMB 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''), Office of Managing Director, Federal Communications 
Commission, Washington, DC 20554 by sending an e-mail to Judith-
[email protected].
    (b) Display.

------------------------------------------------------------------------
                      FCC form number or 47 CFR
                       section or part, docket
   OMB control No.         number or title         OMB expiration date
                           identifying the
                              collection
------------------------------------------------------------------------
3060-0004...........  Secs. 1.1307 and 1.1311,   03/31/11
                       Guidelines for
                       Evaluating the
                       Environmental Effects of
                       Radiofrequency
                       Radiation, ET Docket No.
                       93-62.
3060-0009...........  FCC 316..................  06/30/11
3060-0010...........  FCC 323..................  01/31/09
3060-0016...........  FCC 346..................  03/31/11
3060-0017...........  FCC 347..................  05/31/09
3060-0027...........  FCC 301..................  08/31/11
3060-0029...........  FCC 302-DTV..............  05/31/11
3060-0031...........  FCC 314, FCC 315.........  06/30/11
3060-0053...........  FCC 703..................  06/30/11
3060-0055...........  FCC 327..................  10/31/09
3060-0056...........  Part 68..................  05/31/11
3060-0057...........  FCC 731..................  03/31/11
3060-0059...........  FCC 740..................  02/28/10
3060-0061...........  FCC 325..................  Pending OMB Approval.
3060-0065...........  FCC 442..................  06/30/11
3060-0068...........  FCC 702..................  06/30/11
3060-0075...........  FCC 345..................  06/30/11
3060-0076...........  FCC 395..................  12/31/10
3060-0084...........  FCC 323-E................  03/31/11
3060-0093...........  FCC 405..................  01/31/09
3060-0095...........  FCC 395-A................  Pending OMB Approval.
3060-0106...........  Part 43..................  05/31/10
3060-0110...........  FCC 303-S................  06/30/11
3060-0113...........  FCC 396/396-A............  12/31/09
3060-0126...........  Sec. 73.1820.............  12/31/08
3060-0132...........  FCC 1068A................  11/30/09
3060-0139...........  FCC 854..................  Pending OMB Approval.
3060-0147...........  Sec. 64.804..............  01/31/09
3060-0149...........  Part 63, Section 214,      03/31/11
                       Secs. 63.01, 63.602;
                       63.50, 63.51, 63.52,
                       63.53; 63.61, 63.62,
                       63.63; 63.65, 63.66;
                       63.71; 63.90; 63.500,
                       63.501; 63.504, 63.505
                       and 63.601.
3060-0157...........  Sec. 73.99...............  02/28/09
3060-0161...........  Sec. 73.61...............  05/31/09
3060-0166...........  Part 42..................  11/30/10
3060-0168...........  Sec. 43.43...............  09/30/09
3060-0169...........  Secs. 43.51 and 43.53....  Pending OMB Approval.

[[Page 548]]

 
3060-0170...........  Sec. 73.1030.............  12/31/10
3060-0171...........  Sec. 73.1125.............  12/31/10
3060-0174...........  Secs. 73.1212, 76.1615,    02/28/09
                       and 76.1715.
3060-0175...........  Sec. 73.1250.............  06/30/11
3060-0176...........  Sec. 73.1510.............  02/28/09
3060-0178...........  Sec. 73.1560.............  01/31/09
3060-0179...........  Sec. 73.1590.............  10/31/10
3060-0180...........  Sec. 73.1610.............  10/31/10
3060-0182...........  Sec. 73.1620.............  05/31/10
3060-0184...........  Sec. 73.1740.............  10/31/10
3060-0185...........  Sec. 73.3613.............  02/28/11
3060-0188...........  Call Sign Reservation and  11/30/10
                       Authorization System.
3060-0190...........  Sec. 73.3544.............  01/31/10
3060-0192...........  Sec. 87.103..............  09/30/10
3060-0202...........  Sec. 87.37...............  09/30/09
3060-0204...........  Sec. 90.20(a)(2)(v)......  01/31/09
3060-0207...........  Part 11..................  08/31/11
3060-0208...........  Sec. 73.1870.............  09/30/09
3060-0213...........  Sec. 73.3525.............  12/31/09
3060-0214...........  Secs. 73.3526 and          Pending OMB Approval.
                       73.3527; Secs. 76.1701
                       and 73.1943.
3060-0216...........  Sec. 73.3538 and Sec.      02/28/11
                       73.1690(e).
3060-0219...........  Sec. 90.20(a)(2)(xi).....  11/30/08
3060-0221...........  Sec. 90.155 (b) and (d)..  01/31/11
3060-0222...........  Sec. 97.213..............  09/30/09
3060-0223...........  Sec. 90.129..............  01/31/09
3060-0228...........  Sec. 80.59...............  07/31/10
3060-0233...........  Part 36..................  11/30/09
3060-0236...........  Sec. 74.703..............  06/30/11
3060-0248...........  Sec. 74.751..............  02/28/11
3060-0249...........  Secs. 74.781, 74.1281,     10/31/09
                       and 78.69.
3060-0250...........  Secs. 73.1207, 74.784 and  10/31/10
                       74.1284.
3060-0259...........  Sec. 90.263..............  09/30/09
3060-0261...........  Sec. 90.215..............  06/30/10
3060-0262...........  Sec. 90.179..............  03/31/11
3060-0264...........  Sec. 80.413..............  09/30/09
3060-0265...........  Sec. 80.868..............  05/31/10
3060-0270...........  Sec. 90.443..............  01/31/10
3060-0281...........  Sec. 90.651..............  06/30/10
3060-0286...........  Sec. 80.302..............  04/30/10
3060-0288...........  Sec. 78.33...............  02/28/09
3060-0289...........  Secs. 76.601, 76.1704,     06/30/11
                       76.1705, and 76.1717.
3060-0290...........  Sec. 90.517..............  04/30/11
3060-0291...........  Sec. 90.477(a), (b)(2),    06/30/11
                       (d)(2) and (d)(3).
3060-0292...........  Part 69 (Sec. 69.605)....  01/31/10
3060-0295...........  Sec. 90.607(b)(1) and      04/30/10
                       (c)(1).
3060-0297...........  Sec. 80.503..............  09/30/09
3060-0298...........  Part 61..................  07/31/11
3060-0307...........  Amendment of Part 90 of    01/31/10
                       the Commission's Rules
                       to Facilitate Future
                       Development of SMR
                       Systems in the 800 MHz
                       Frequency Band.
3060-0308...........  Sec. 90.505..............  04/30/10
3060-0310...........  FCC 322..................  10/31/09
3060-0311...........  Sec. 76.54...............  04/30/11
3060-0316...........  Secs. 76.1700, 76.1702,    02/28/11
                       76.1703, 76.1704,
                       76.1707, and 76.1711.
3060-0320...........  Sec. 73.1350.............  03/31/10
3060-0325...........  Sec. 80.605..............  09/30/11
3060-0329...........  Sec. 2.955...............  01/31/09
3060-0331...........  FCC 321..................  10/31/09
3060-0332...........  Secs. 76.614 and 76.1706.  11/30/10
3060-0340...........  Sec. 73.51...............  01/31/10
3060-0341...........  Sec. 73.1680.............  10/31/09
3060-0346...........  Sec. 78.27...............  01/31/10
3060-0347...........  Sec. 97.311..............  01/31/09
3060-0349...........  Secs. 73.2080, 76.73,      01/31/10
                       76.75, 76.79, and
                       76.1702.
3060-0355...........  FCC 492 and FCC 492A.....  07/31/10
3060-0357...........  Sec. 63.701..............  06/30/11
3060-0360...........  Sec. 80.409..............  11/30/10
3060-0370...........  Part 32..................  04/30/11
3060-0384...........  Secs. 64.904 and 64.905..  01/31/11
3060-0386...........  Sec. 73.1635.............  08/31/11
3060-0387...........  Sec. 15.201(d)...........  09/30/09
3060-0390...........  FCC 395-B................  Pending OMB Approval.
3060-0391...........  Parts 54 and 36, Program   05/31/11
                       to Monitor the Impacts
                       of the Universal Service
                       Support Mechanisms.

[[Page 549]]

 
3060-0392...........  47 CFR Part 1, Subpart J,  01/31/10
                       Pole Attachment
                       Complaint Procedures.
3060-0394...........  Sec. 1.420...............  06/30/11
3060-0395...........  FCC Reports 43-02, FCC 43- Pending OMB Approval.
                       05 and FCC 43-07.
3060-0398...........  Secs. 2.948 and            08/31/09
                       15.117(g)(2).
3060-0400...........  Tariff Review Plan.......  03/31/09
3060-0404...........  FCC 350..................  02/28/11
3060-0407...........  Sec. 73.3598.............  06/30/11
3060-0410...........  FCC 495A and FCC 495B....  Pending OMB Approval.
3060-0411...........  FCC 485..................  05/31/10
3060-0414...........  Terrain Shielding Policy.  01/31/10
3060-0419...........  Secs. 76.94, 76.95,        07/31/11
                       76.105, 76.106, 76.107,
                       and 76.1609.
3060-0422...........  Sec. 68.5................  09/30/10
3060-0423...........  Sec. 73.3588.............  11/30/08
3060-0430...........  Sec. 1.1206..............  04/30/11
3060-0433...........  FCC 320..................  05/31/11
3060-0434...........  Sec. 90.20(e)(6).........  05/31/11
3060-0436...........  Equipment Authorization--  06/30/09
                       Cordless Telephone
                       Security Coding.
3060-0439...........  Sec. 64.201..............  10/31/10
3060-0441...........  Sec. 90.621(b)(4) and      09/30/09
                       (b)(5).
3060-0454...........  Secs. 43.51, 64.1001, and  08/31/11
                       64.1002.
3060-0463...........  Telecommunications Relay   07/31/11
                       Services and Speech-to-
                       Speech Services for
                       Individuals with Hearing
                       and Speech Disabilities,
                       Report and Order and
                       Declaratory Ruling, CG
                       Docket No. 03-123, FCC
                       07-186.
3060-0466...........  Secs. 73.1201, 74.783,     12/31/10
                       and 74.1283.
3060-0470...........  Secs. 64.901 and 64.903,   02/28/11
                       and RAO Letters 19 and
                       26.
3060-0473...........  Sec. 74.1251.............  09/30/11
3060-0474...........  Sec. 74.1263.............  02/28/09
3060-0484...........  Part 4 of the              02/28/11
                       Commission's Rules
                       Concerning Disruptions
                       to Communications.
3060-0489...........  Sec. 73.37...............  01/31/10
3060-0496...........  FCC Report 43-08.........  03/31/10
3060-0500...........  Sec. 76.1713.............  10/31/10
3060-0501...........  Secs. 73.1942, 76.206 and  01/31/09
                       76.1611.
3060-0506...........  FCC 302-FM...............  04/30/09
3060-0508...........  Part 1 and Part 22         04/30/11
                       Reporting and
                       Recordkeeping
                       Requirements.
3060-0511...........  FCC Report 43-04.........  10/31/08
3060-0512...........  FCC Report 43-01.........  07/31/09
3060-0513...........  FCC Report 43-03.........  07/31/09
3060-0514...........  Sec. 43.21(b)............  03/31/09
3060-0515...........  Sec. 43.21(c)............  08/31/11
3060-0519...........  Rules and Regulations      11/30/10
                       Implementing the
                       Telephone Consumer
                       Protection Act (TCPA) of
                       1991, Order, CG Docket
                       No. 02-278.
3060-0526...........  Sec. 69.123, Density       08/31/11
                       Pricing Zone Plans,
                       Expanded Interconnection
                       with Local Telephone
                       Company Facilities.
3060-0531...........  Local Multipoint           01/31/10
                       Distribution Service
                       (LMDS).
3060-0532...........  Secs. 2.1033(b)(10) and    12/31/08
                       15.121.
3060-0537...........  Sec. 13.217..............  04/30/11
3060-0546...........  Sec. 76.59...............  03/31/09
3060-0548...........  Secs. 76.1708, 76.1709,    07/31/11
                       76.1620, 76.56, and
                       76.1614.
3060-0550...........  FCC 328..................  09/30/11
3060-0560...........  Sec. 76.911..............  07/31/10
3060-0561...........  Sec. 76.913..............  11/30/09
3060-0562...........  Sec. 76.916..............  04/30/10
3060-0565...........  Sec. 76.944..............  12/31/09
3060-0567...........  Sec. 76.962..............  12/31/10
3060-0568...........  Secs. 76.970, 76.971 and   10/31/09
                       76.975.
3060-0569...........  Sec. 76.975..............  08/31/09
3060-0572...........  Filing Manual for Annual   05/31/10
                       International Circuit
                       Status Reports.
3060-0573...........  FCC 394..................  06/30/09
3060-0580...........  Sec. 76.1710.............  01/31/10
3060-0584...........  FCC 44 and FCC 45........  04/30/09
3060-0589...........  FCC 159, FCC 159-B, FCC    01/31/11
                       159-C, FCC 159-E, and
                       FCC 159-W.
3060-0594...........  FCC 1220.................  08/31/10
3060-0599...........  Secs. 90.647 and 90.425..  03/31/10
3060-0600...........  FCC 175..................  11/30/09
3060-0601...........  FCC 1200.................  08/31/10
3060-0607...........  Sec. 76.922..............  11/30/09
3060-0609...........  Sec. 76.934(e)...........  10/31/10
3060-0625...........  Sec. 24.103..............  04/30/10
3060-0626...........  Sec. 90.483..............  12/31/10
3060-0627...........  FCC 302-AM...............  05/31/09
3060-0633...........  Secs. 73.1230, 74.165,     10/31/10
                       74.432, 74.564, 74.664,
                       74.765, 74.832, and
                       74.1265.
3060-0634...........  Sec. 73.691..............  02/28/10
3060-0636...........  Sec. 2.1075..............  04/30/09

[[Page 550]]

 
3060-0645...........  Sec. 17.4................  04/30/09
3060-0647...........  Annual Cable Price Survey  08/31/09
                       and Supplemental
                       Questions.
3060-0649...........  Secs. 76.1601, 76.1617,    12/31/10
                       76.1697 and 76.1708.
3060-0652...........  Secs. 76.309, 76.1602,     03/31/11
                       76.1603, and 76.1619.
3060-0653...........  Sec. 64.703(b) and (c)...  04/30/11
3060-0655...........  Request for Waivers of     05/31/10
                       Regulatory and
                       Application Fees
                       Predicated on
                       Allegations of Financial
                       Hardship.
3060-0665...........  Sec. 64.707..............  10/31/10
3060-0667...........  Secs. 76.630, 76.1621,     03/31/11
                       and 76.1622.
3060-0668...........  Sec. 76.936..............  12/31/10
3060-0669...........  Sec. 76.946..............  02/28/11
3060-0674...........  Sec. 76.1618.............  08/31/11
3060-0678...........  FCC 312, Schedule S......  03/31/10
3060-0681...........  Secs. 52.103 and 52.105..  10/31/09
3060-0685...........  FCC 1210 and FCC 1240....  04/30/09
3060-0686...........  Streamlining the           02/28/09
                       International Section
                       214 Authorization
                       Process and Tariff
                       Requirements.
3060-0687...........  Access to                  05/31/09
                       Telecommunications
                       Equipment and Services
                       by Persons with
                       Disabilities, CC Docket
                       No. 87-124.
3060-0688...........  FCC 1235.................  11/30/10
3060-0690...........  Sec. 101.17..............  09/30/09
3060-0691...........  Sec. 90.665..............  07/31/10
3060-0692...........  Home Wiring Provisions...  03/31/10
3060-0695...........  Sec. 87.219..............  01/31/09
3060-0698...........  Secs. 23.20, 25.203, and   11/30/10
                       73.1030, Radio Astronomy
                       Coordination Zone in
                       Puerto Rico.
3060-0700...........  FCC 1275.................  07/31/10
3060-0703...........  FCC 1205.................  04/30/09
3060-0704...........  Policy and Rules           01/31/09
                       Concerning the
                       Interstate,
                       Interexchange
                       Marketplace;
                       Implementation of
                       Section 254(g) of the
                       Communications Act of
                       1934, as amended, CC
                       Docket No. 96-61.
3060-0706...........  Cable Act Reform.........  Pending OMB Approval.
3060-0707...........  Over-the Air Reception     06/30/11
                       Devices (OTARD).
3060-0710...........  Policy and Rules           02/28/10
                       Concerning the
                       Implementation of the
                       Local Competition
                       Provisions in the
                       Telecommunications Act
                       of 1996--CC Docket No.
                       96-98.
3060-0711...........  Secs. 1.5001, 1.5002,      10/31/09
                       1.5003, 1.5004, 1.5005,
                       1.5006 and 1.5007,
                       Implementation of
                       Section 34(a)(1) of the
                       Public Utility Holding
                       Company Act of 1935.
3060-0713...........  Alternative Broadcast      04/30/11
                       Inspection Program
                       (ABIP) Compliance
                       Notification.
3060-0715...........  Telecommunications         07/31/11
                       Carriers' Use of
                       Customer Proprietary
                       Network Information
                       (CPNI) and Other
                       Customer Information--CC
                       Docket No. 96-115.
3060-0716...........  Secs. 73.88, 73.718,       11/30/09
                       73.685 and 73.1630.
3060-0717...........  Secs. 64.703(a), 64.709,   06/30/11
                       and 64.710.
3060-0718...........  Part 101, Governing the    06/30/09
                       Terrestrial Microwave
                       Fixed Radio Service.
3060-0719...........  Quarterly Report of        01/31/10
                       IntraLATA Carriers
                       Listing Payphone
                       Automatic Number
                       Identifications (ANIs).
3060-0723...........  Public Disclosure of       10/31/09
                       Network Information by
                       Bell Operating Companies
                       (BOCs).
3060-0725...........  Quarterly Filing of        08/31/09
                       Nondiscrimination
                       Reports (on Quality of
                       Service, Installation,
                       and Maintenance) by Bell
                       Operating Companies
                       (BOCs).
3060-0727...........  Sec. 73.213..............  01/31/10
3060-0734...........  Secs. 53.209, 53.211 and   07/31/11
                       53.213; Sections 260 and
                       271-276 of the
                       Communications Act of
                       1934, as amended.
3060-0737...........  Disclosure Requirements    06/30/09
                       for Information Services
                       Provided Under a
                       Presubscription or
                       Comparable Arrangement.
3060-0740...........  Sec. 95.1015.............  01/31/09
3060-0741...........  Implementation of the      01/31/11
                       Local Competition
                       Provisions of the
                       Telecommunications Act
                       of 1996--CC Docket No.
                       96-98.
3060-0742...........  Secs. 52.21, 52.22,        11/30/08
                       52.23, 52.24, 52.25,
                       52.26, 52.27, 52.28,
                       52.29, 52.30, 52.31,
                       52.32 and 52.33 and CC
                       Docket No. 95-116.
3060-0743...........  Implementation of the Pay  01/31/10
                       Telephone
                       Reclassification and
                       Compensation Provisions
                       of the
                       Telecommunications Act
                       of 1996--CC Docket No.
                       96-128.
3060-0745...........  Implementation of the      11/30/09
                       Local Exchange Carrier
                       Tariff Streamlining
                       Provisions of the
                       Telecommunications Act
                       of 1996, CC Docket No.
                       96-187.
3060-0748...........  Sec. 64.1504.............  04/30/10
3060-0749...........  Sec. 64.1509.............  04/30/10
3060-0750...........  Secs. 73.671 and 73.673..  07/31/11
3060-0751...........  Reports Concerning         01/31/09
                       International Private
                       Lines Interconnected to
                       the U.S. Public Switched
                       Network.
3060-0752...........  Sec. 64.1510.............  04/30/10
3060-0754...........  FCC 398..................  06/30/09
3060-0755...........  Secs. 59.1, 59.2, 59.3     03/31/09
                       and 59.4.

[[Page 551]]

 
3060-0757...........  FCC Auctions Customer      03/31/10
                       Survey.
3060-0758...........  Amendment of Part 5 of     03/31/10
                       the Commission's Rules
                       to Revise the
                       Experimental Radio
                       Service Regulations, ET
                       Docket No. 96-256.
3060-0760...........  Access Charge Reform, CC   Pending OMB Approval.
                       Docket No. 96-262.
3060-0761...........  Sec. 79.1................  12/31/08
3060-0763...........  FCC Report 43-06.........  04/30/09
3060-0767...........  Sections 1.2110, 1.2111,   04/30/11
                       and 1.2112, Auction
                       Forms and License
                       Transfer Disclosure
                       Requirements.
3060-0768...........  28 GHz Band Segmentation   01/31/09
                       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 (LMDS) and for
                       the Fixed Satellite
                       Service (FSS).
3060-0770...........  Price Cap Performance      11/30/08
                       Review for Local
                       Exchange Carriers--CC
                       Docket No. 94-1 (New
                       Services).
3060-0773...........  Sec. 2.803...............  02/28/10
3060-0774...........  Parts 36 and 54, Federal-  04/30/11
                       State Joint Board on
                       Universal Service.
3060-0775...........  Sec. 64.1903.............  01/31/10
3060-0779...........  Amendment of Part 90 of    09/30/10
                       the Commission's Rules
                       to Provide for Use of
                       the 220 MHz Band by the
                       Private Land Mobile
                       Radio Service (PLMRS),
                       PR Docket No. 89-552.
3060-0782...........  Petition for Limited       11/30/09
                       Modification of LATA
                       Boundaries to Provide
                       Expanded Local Calling
                       Service (ELCS) at
                       Various Locations.
3060-0783...........  Sec. 90.176..............  01/31/09
3060-0786...........  Petitions for LATA         11/30/09
                       Association Changes by
                       Independent Telephone
                       Companies.
3060-0787...........  Implementation of          07/31/11
                       Subscriber Carrier
                       Selection Changes
                       Provisions of the
                       Telecommunications Act
                       of 1996; Policies and
                       Rules Concerning
                       Unauthorized Changes of
                       Consumers' Long Distance.
3060-0788...........  DTV Showings/Interference  01/31/11
                       Agreements.
3060-0790...........  Sec. 68.110(c)...........  10/31/09
3060-0791...........  Accounting for Judgments   11/30/09
                       and Other Costs
                       Associated with
                       Litigation, CC Docket
                       No. 93-240.
3060-0793...........  Federal-State Joint Board  09/30/11
                       on Universal Service,
                       Procedures for Self-
                       Certifying as a Rural
                       Carrier, CC Docket No.
                       96-45.
3060-0795...........  FCC 606..................  06/30/11
3060-0798...........  FCC 601..................  12/31/10
3060-0799...........  FCC 602..................  12/31/10
3060-0800...........  FCC 603..................  01/31/11
3060-0804...........  FCC 465, FCC 466, FCC 466- Pending OMB Approval.
                       A, and FCC 467.
3060-0805...........  Secs. 90.523, 90.527,      07/31/11
                       90.545 and 90.1211.
3060-0806...........  FCC 470 and FCC 471......  01/31/11
3060-0807...........  Sec. 51.803 and            09/30/10
                       Supplemental Procedures
                       for Petitions to Section
                       252(e)(5) of the
                       Communications Act of
                       1934, as amended.
3060-0809...........  Communications Assistance  01/31/11
                       for Law Enforcement Act
                       (CALEA).
3060-0810...........  Procedures for             09/30/09
                       Designation of Eligible
                       Telecommunications
                       Carriers (ETCs) Pursuant
                       to Section 214(e)(6) of
                       the Communications Act
                       of 1934, as amended.
3060-0812...........  Exemption from Payment of  01/31/09
                       Regulatory Fees When
                       Claiming Non-Profit
                       Status.
3060-0813...........  Commission's Rules to      02/28/09
                       Ensure Compatibility
                       with Enhanced 911
                       Calling Systems.
3060-0814...........  Sec. 54.301, Local         02/28/11
                       Switching Support and
                       Local Switching Support
                       Data Collection Form and
                       Instructions.
3060-0816...........  FCC 477..................  06/30/11
3060-0817...........  Computer III Further       09/30/09
                       Remand Proceedings: BOC
                       Provision of Enhanced
                       Services (ONA
                       Requirements), CC Docket
                       No. 95-20.
3060-0819...........  Secs. 54.400, 54.401,      07/31/11
                       54.402, 54.403, 54.404,
                       54.405, 54.406, 54.407,
                       54.408, 54.409. 54.410,
                       54.411, 54.412, 54.413,
                       54.414, 54.415, 54.416
                       and 54.417, and FCC 497.
3060-0823...........  Part 64, Pay Telephone     06/30/11
                       Reclassification.
3060-0824...........  FCC 498..................  09/30/09
3060-0833...........  Implementation of Section  04/30/11
                       255 of the
                       Telecommunications Act
                       of 1996: Complaint
                       Filings.
3060-0835...........  FCC 806, FCC 824, FCC 827  04/30/09
                       and FCC 829.
3060-0841...........  Public Notice--Additional  02/28/11
                       Processing Guidelines
                       for DTV (Nonchecklist
                       Applications).
3060-0844...........  Carriage of the            11/30/10
                       Transmissions of Digital
                       Television Broadcast
                       Stations.
3060-0848...........  Deployment of Wireline     04/30/09
                       Services Offering
                       Advanced
                       Telecommunications
                       Capability--CC Docket
                       No. 98-147.
3060-0849...........  Commercial Availability    06/30/10
                       of Navigation Devices,
                       CS Docket No. 97-80.
3060-0850...........  FCC 605..................  04/30/11
3060-0853...........  FCC 479, FCC 486, and FCC  04/30/10
                       500.

[[Page 552]]

 
3060-0854...........  Truth-in-Billing Format,   Pending OMB Approval.
                       CC Docket No. 98-170.
3060-0855...........  FCC 499-A and FCC 499-Q..  09/30/10
3060-0856...........  FCC 472, FCC 473, and FCC  04/30/10
                       474.
3060-0859...........  Suggested Guidelines for   06/30/09
                       Petitions for Ruling
                       under Section 253 of the
                       Communications Act.
3060-0862...........  Handling Confidential      06/30/11
                       Information.
3060-0863...........  Satellite Delivery of      04/30/09
                       Network Signals to
                       Unserved Households for
                       Purposes of the
                       Satellite Home Viewer
                       Act (SHVA).
3060-0865...........  Wireless                   07/31/10
                       Telecommunications
                       Bureau Universal
                       Licensing System
                       Recordkeeping and Third-
                       Party Disclosure
                       Requirements.
3060-0874...........  FCC 475B, FCC 2000         09/30/10
                       Series, FCC Form E.
3060-0876...........  Sec. 54.703 and Secs.      09/30/09
                       54.719, 54.720, 54.721,
                       54.722, 54.723, 54.724
                       and 54.725.
3060-0881...........  Sec. 95.861..............  08/31/11
3060-0882...........  Sec. 95.833..............  01/31/09
3060-0888...........  Secs. 76.7, 76.9, 76.61,   02/28/11
                       76.914, 76.1003,
                       76.1302, and 76.1513.
3060-0894...........  Secs. 54.313 and 54.316    09/30/10
                       and Certification Letter
                       Accounting for Receipt
                       of Federal Support and
                       Rate Comparability
                       Review and Certification.
3060-0895...........  FCC 502..................  05/31/10
3060-0896...........  Broadcast Auction Form     12/31/08
                       Exhibits.
3060-0900...........  Compatibility of Wireless  02/28/09
                       Services with Enhanced
                       911--CC Docket No. 94-
                       102.
3060-0901...........  Reports of Common          04/30/09
                       Carriers and Affiliates.
3060-0905...........  Secs. 18.213 and 18.307..  11/30/08
3060-0906...........  FCC 317..................  05/31/09
3060-0910...........  Third Report and Order in  09/30/09
                       CC Docket No. 94-102 to
                       Ensure Compatibility
                       with Enhanced 911
                       Emergency Calling
                       Systems.
3060-0912...........  Cable Attribution Rules..  11/30/09
3060-0917...........  FCC 160..................  03/31/10
3060-0918...........  FCC 161..................  03/31/10
3060-0920...........  FCC 318..................  06/30/11
3060-0921...........  Petitions for LATA         09/30/09
                       Boundary Modification
                       for the Deployment of
                       Advanced Services.
3060-0922...........  FCC 397..................  09/30/09
3060-0927...........  Auditor's Annual           04/30/09
                       Independence and
                       Objectivity
                       Certification.
3060-0928...........  FCC 302-CA...............  01/31/10
3060-0931...........  Maritime Mobile Services   06/30/09
                       Identity (MMSI).
3060-0932...........  FCC 301-CA...............  02/28/11
3060-0936...........  Secs. 95.1215 and 95.1217  08/31/09
3060-0937...........  Establishment of a Class   09/30/10
                       A Television Service, MM
                       Docket No. 00-10.
3060-0938...........  FCC 319..................  09/30/09
3060-0942...........  Access Charge Reform,      03/31/10
                       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..............  10/31/09
3060-0944...........  Review of Commission       03/31/09
                       Consideration of
                       Applications Under the
                       Cable Landing License
                       Act.
3060-0949...........  FCC 159-W................  03/31/10
3060-0950...........  Bidding Credits for        09/30/10
                       Tribal Lands, WT Docket
                       No. 99-266.
3060-0951...........  Sec. 1.1204(b) Note, and   01/31/10
                       Sec. 1.1206(a) Note 1.
3060-0952...........  Proposed Demographic       01/31/10
                       Information and
                       Notifications, CC Docket
                       Nos. 98-147 and 96-98.
3060-0953...........  Wireless Medical           04/30/10
                       Telemetry Service, ET
                       Docket No. 99-255, FCC
                       00-211.
3060-0955...........  2 GHz Mobile Satellite     02/28/10
                       Service Reports.
3060-0957...........  Requests for Waiver of     12/31/10
                       Deadline on Location-
                       Capable Handset
                       Deployment (4th MO&O in
                       CC Docket No. 94-102).
3060-0960...........  Secs. 76.122, 76.123,      04/30/11
                       76.124 and 76.127.
3060-0962...........  Redesignation of the 18    11/30/08
                       GHz Frequency Band,
                       Blanket Licensing of
                       Satellite Earth Stations
                       in the Ka-Band, and the
                       Allocation of Additional
                       Spectrum for Broadcast
                       Satellite Service Use.
3060-0967...........  Sec. 79.2................  09/30/10
3060-0968...........  FCC 501..................  09/30/10
3060-0971...........  Sec. 52.15...............  01/31/11
3060-0972...........  FCC 507, FCC 508 and FCC   01/31/11
                       509.
3060-0973...........  Sec. 64.1120(e)..........  10/31/10
3060-0975...........  Secs. 68.3 and 1.4000....  11/30/10
3060-0978...........  Sec. 20.18, 911 Service,   04/30/09
                       Fourth Report and Order.
3060-0979...........  Spectrum Audit Letter....  09/30/09
3060-0980...........  Sec. 76.66, Satellite      08/31/11
                       Home Viewer Extension
                       and Reauthorization Act
                       of 2004 (SHVERA) Rules,
                       Local Broadcast Signal
                       Carriage Issues and
                       Retransmission Consent
                       Issues.
3060-0982...........  Implementation of Low      11/30/10
                       Power Television (LPTV)
                       Digital Data Services
                       Pilot Project.

[[Page 553]]

 
3060-0984...........  Secs. 90.35(b)(2) and      09/30/10
                       90.175(b)(1).
3060-0986...........  FCC 525..................  07/31/11
3060-0987...........  911 Callback Capability:   10/31/08
                       Non-initialized Phones.
3060-0989...........  Secs. 63.01, 63.03 and     11/30/08
                       63.04.
3060-0991...........  AM Measurement Data......  04/30/11
3060-0992...........  Sec. 54.507(d)(1)-(4)....  12/31/10
3060-0994...........  Flexibility for Delivery   01/31/10
                       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...........  Sec. 1.2105(c)...........  03/31/11
3060-0996...........  AM Auction Section 307(b)  02/28/11
                       Submissions.
3060-0997...........  Sec. 52.15(k)............  04/30/11
3060-0998...........  Sec. 87.109..............  08/31/10
3060-0999...........  Sec. 20.19...............  07/31/11
3060-1000...........  Sec. 87.147..............  12/31/10
3060-1003...........  Communications Disaster    07/31/10
                       Information Reporting
                       System (DIRS).
3060-1004...........  Revision of the            09/30/09
                       Commission's Rules to
                       Ensure Compatibility
                       with Enhanced 911
                       Emergency Calling
                       Systems.
3060-1005...........  Numbering Resource         07/31/11
                       Optimization--Phase 3.
3060-1007...........  Streamlining and Other     07/31/10
                       Revisions of Part 25 of
                       the Commission's Rules.
3060-1008...........  Reallocation and Service   Pending OMB Approval.
                       Rules for the 698-746
                       MHz Band (Television
                       Channels 52-59).
3060-1009...........  FCC 499-M................  01/31/09
3060-1013...........  Mitigation of Orbital      03/31/11
                       Debris.
3060-1014...........  Ku-Band NGSO FSS.........  04/30/09
3060-1015...........  Ultra Wideband             04/30/09
                       Transmission Systems
                       Operating Under Part 15.
3060-1021...........  Sec. 25.139..............  06/30/11
3060-1022...........  Sec. 101.1403............  01/31/09
3060-1023...........  Sec. 101.103.............  01/31/09
3060-1024...........  Sec. 101.1413............  01/31/09
3060-1025...........  Sec. 101.1440............  01/31/09
3060-1026...........  Sec. 101.1417............  01/31/09
3060-1027...........  Sec. 27.602..............  03/31/09
3060-1028...........  International Signaling    05/31/11
                       Point Code (ISPC).
3060-1029...........  Data Network               08/31/11
                       Identification Code
                       (DNIC).
3060-1030...........  Service Rules for          06/30/10
                       Advanced Wireless
                       Services (AWS) in the
                       1.7 GHz and 2.1 GHz
                       Bands.
3060-1031...........  Revision of the            10/31/09
                       Commission's Rules to
                       Ensure Compatibility
                       with Enhanced 911
                       Emergency Calling
                       Systems--Petition of
                       City of Richardson, TX;
                       Order on Reconsideration
                       II.
3060-1033...........  FCC 396-C................  05/31/10
3060-1034...........  Digital Audio              12/31/10
                       Broadcasting Systems and
                       Their Impact on the
                       Terrestrial Radio
                       Broadcast Service.
3060-1035...........  FCC 309, FCC 310 and FCC   01/31/09
                       311.
3060-1036...........  Potential Reporting        05/31/09
                       Requirements on Local
                       Exchange Carriers to
                       Assist Expeditious
                       Implementation of
                       Wireless E911 Service.
3060-1038...........  Digital Television         01/31/10
                       Transition Information
                       Questionnaires.
3060-1039...........  FCC 620 and FCC 621......  Pending OMB Approval.
3060-1040...........  Broadcast Ownership        02/28/10
                       Rules, Report and Order
                       in MB Docket No. 02-777
                       and MM Docket Nos. 02-
                       235, 02-327, and 00-244.
3060-1041...........  Remedial Measures for      06/30/09
                       Failure to Construct
                       Digital Television
                       Stations (DTV Policy
                       Statement).
3060-1042...........  Request for Technical      11/30/10
                       Support--Help Request
                       Form.
3060-1043...........  Telecommunications Relay   03/31/11
                       Services and Speech-to-
                       Speech Services for
                       Individuals with Hearing
                       and Speech Disabilities,
                       CC Docket No. 98-67.
3060-1044...........  Review of the Section 251  03/31/10
                       Unbundling Obligations
                       of Incumbent Local
                       Exchange Carriers, CC
                       Docket No. 01-338, and
                       WC Docket No. 04-313,
                       FCC 04-290, Order on
                       Remand.
3060-1045...........  FCC 324..................  11/30/09
3060-1046...........  Part 64, Pay Telephone     06/30/11
                       Reclassification and
                       Compensation Provisions
                       of the
                       Telecommunications Act
                       of 1996.
3060-1047...........  Telecommunications Relay   02/28/09
                       Services and Speech-to-
                       Speech Services for
                       Individuals with Hearing
                       and Speech Disabilities,
                       Report and Order, CG
                       Docket Nos. 03-123, FCC
                       05-203.
3060-1048...........  Sec. 1.929(c)(1).........  03/31/10
3060-1050...........  Sec. 97.303..............  11/30/10
3060-1053...........  Sec. 64.604,               05/31/10
                       Telecommunications Relay
                       Services, and Speech-to-
                       Speech Services for
                       Individuals with Hearing
                       and Speech Disabilities,
                       Two-Line Captioned
                       Telephone Order,....
3060-1054...........  FCC 422-IB...............  02/28/10
3060-1055...........  FCC 423-IB...............  02/28/10
3060-1056...........  FCC 421-IB...............  02/28/10
3060-1057...........  FCC 420-IB...............  02/28/10
3060-1058...........  FCC 608..................  01/31/11

[[Page 554]]

 
3060-1059...........  Global Mobile Personal     01/31/11
                       Communications by
                       Satellite (GMPCS)/E911
                       Call Centers.
3060-1060...........  Wireless E911              10/31/10
                       Coordination Initiative
                       Letter.
3060-1061...........  Earth Stations on Board    04/30/11
                       Vessels (ESVs).
3060-1062...........  Schools and Libraries      07/31/10
                       Universal Service
                       Support Mechanism--
                       Notification of
                       Equipment Transfers.
3060-1063...........  Global Mobile Personal     03/31/10
                       Communications by
                       Satellite (GMPCS)
                       Authorization, Marketing
                       and Importation Rules.
3060-1064...........  Regulatory Fee Assessment  06/30/11
                       True-Ups.
3060-1065...........  Sec. 25.701..............  06/30/10
3060-1066...........  FCC 312-R................  03/31/10
3060-1067...........  FCC 312-EZ...............  05/31/10
3060-1069...........  Rules and Policies         08/31/10
                       Concerning Attribution
                       of Joint Sales
                       Agreements in Local
                       Television Markets,
                       NPRM, MB Docket No. 94-
                       246, FCC 04-173.
3060-1070...........  Allocations and Service    12/31/08
                       Rules for the 71-76 GHz,
                       81-86 GHz, and 92-95 GHz
                       Bands.
3060-1078...........  Rules and Regulations      11/30/10
                       Implementing the
                       Controlling the Assault
                       of Non-Solicited
                       Pornography and
                       Marketing Act of 2003
                       (CAN-SPAM Act), CG
                       Docket No. 04-53.
3060-1079...........  Sec. 15.240, Radio         02/28/11
                       Frequency Identification
                       Equipment (RFID).
3060-1080...........  Collections for the        08/31/11
                       Prevention or
                       Elimination of
                       Interference and for the
                       Reconfiguration of the
                       800 MHz Band.
3060-1081...........  Federal-State Joint Board  10/31/08
                       on Universal Service, CC
                       Docket No. 96-45.
3060-1083...........  Secs. 64.1300 through      06/30/11
                       64.1340.
3060-1084...........  Rules and Regulations      06/30/10
                       Implementing Minimum
                       Customer Account Record
                       Obligations on All Local
                       and Interexchange
                       Carriers (CARE), CG
                       Docket No. 02-386.
3060-1085...........  Collection of Location     01/31/09
                       Information, Provision
                       of Notice and Reporting
                       on Interconnected Voice
                       Over Internet Protocol
                       (VoIP) E911 Compliance.
3060-1086...........  Secs. 74.786, 74.787,      07/31/11
                       74.790, 74.794 and
                       74.796.
3060-1087...........  Section 15.615, Broadband  07/31/11
                       Over Power Lines (BPL).
3060-1088...........  FCC 1088 Series..........  03/31/10
3060-1089...........  Telecommunications Relay   10/31/10
                       Services and Speech-to-
                       Speech Services for
                       Individuals with Hearing
                       and Speech Disabilities;
                       Emergency Access Notice
                       of Proposed Rulemaking
                       and IP Relay/VRS
                       Fraud.....
3060-1092...........  FCC 609-T and FCC 611-T..  01/31/11
3060-1094...........  Licensing, Operation, and  10/31/09
                       Transition of the 2500-
                       2690 MHz Band.
3060-1095...........  Surrenders of              12/31/09
                       Authorization for
                       International Carrier,
                       Space Station and Earth
                       Station Licensees.
3060-1096...........  Prepaid Calling Card       02/28/10
                       Service Provider
                       Certification, WC Docket
                       No. 05-68.
3060-1098...........  Rural Health Care Support  03/31/10
                       Mechanism.
3060-1100...........  Sec. 15.117..............  09/30/10
3060-1101...........  Children's Television      06/30/10
                       Requests for Preemption
                       Flexibility.
3060-1103...........  Sec. 76.41...............  07/31/10
3060-1104...........  Sec. 83.682(d)...........  03/31/11
3060-1105...........  Digital TV Transition      06/30/11
                       Report.
3060-1108...........  Consummations of           09/30/10
                       Assignments and
                       Transfers of Control
                       Authorization.
3060-1110...........  Sunset of the Cellular     10/31/10
                       Radiotelephone Service
                       Analog Service
                       Requirement and Related
                       Matters, MO&O, FCC 07-
                       103.
3060-1111...........  Sections 225 and 255,      01/31/11
                       Interconnected Voice
                       Over Internet Protocol
                       (VoIP) Services.
3060-1112...........  Comprehensive Review of    01/31/11
                       the Universal Service
                       Fund Management,
                       Administration, and
                       Oversight.
3060-1114...........  Information Needed in      09/30/08
                       Requests for Waiver of
                       June 26, 2008 Deadline
                       for Rebanding Completion.
3060-1115...........  Secs. 15.124, 27.20,       Pending OMB Approval.
                       54.418, 73.674, and
                       76.1630.
3060-1116...........  Submarine Cable Reporting  10/31/08
3060-1117...........  Viewer Notification        Pending OMB Approval.
                       Requirements in the
                       Third DTV Periodic
                       Report and Order, FCC 07-
                       228.
3060-1118...........  DTV Retailer Site Visit    12/31/08
                       Program.
3060-1119...........  Section 12.3, Information  08/31/11
                       Collection Regarding
                       Redundancy, Resiliency
                       and Reliability of 911
                       and E911 Networks and/or
                       Systems as Set Forth in
                       the Commission's Rules.
3060-XXXX...........  Service Quality            Pending OMB Approval.
                       Measurement Plan for
                       Interstate Special
                       Access and Monthly
                       Useage Reporting
                       Requirements (272 Sunset
                       Rulemaking).
------------------------------------------------------------------------


[73 FR 57544, Oct. 3, 2008]

[[Page 555]]



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 556]]

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 557]]

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 558]]

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 559]]

    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 560]]

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 561]]

    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 562]]

    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 563]]

    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 564]]

    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 565]]

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 566]]

    (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

47 CFR
                                                                   69 FR
                                                                    Page
Chapter I
20 Actions on petitions............................................30234
    Authority citation revised.....................................77938
20.15 (b)(1) revised (OMB number pending)..........................77938
20.18 (l)(1)(i), (2) introductory text and (i) revised..............2519
    (a), (b) and (c) revised; (g)(1)(vi) and (m) added..............6581
21 Removed.........................................................72031
22 Actions on petitions............................................17063
    Technical correction...........................................55516
    Compliance notification........................................67853
22.702 Revised.....................................................75170
22.913 (a) revised.................................................75171
22.942 Removed.....................................................75171
22.970 Added.......................................................67834
22.971 Added.......................................................67834
22.972 Added (OMB number pending)..................................67834
22.973 Added (OMB number pending)..................................67834
24 Actions on petitions............................................17063
    Technical correction...........................................55516
    Compliance notification........................................67853
24.203 (b) revised; (d) added......................................67835
    (a) revised....................................................75171
24.229 (c) added...................................................67836
24.232 Revised.....................................................75171
24.237 (d) revised.................................................75171
24.239 Amended.....................................................77559
24.247 (c) added...................................................67836
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

[[Page 567]]

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
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, 70378
27.1 (b)(8) added...................................................5714
    (b)(9) added...................................................72031
    (b)(7) removed.................................................77949
27.3 (m) through (p) redesignated as (n) through (q); new (m) 
        added.......................................................5714
    (h) removed; (i) through (q) redesignated as (h) through (p) 
                                                                   72031
27.4 Amended.................................................5714, 72031
27.5 (h) added......................................................5714
    (i) added......................................................72032
    (g) removed....................................................77950
27.6 (h) added......................................................5714
    (g) removed....................................................77950
27.11 (i) added.....................................................5715
    (e) through (h) revised........................................39867
    (h) removed....................................................77950
27.12 Revised......................................................72032
27.13 (g) added.....................................................5715
    (f) removed....................................................77950
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

[[Page 568]]

    (h) redesignated as (i); new (h) added.........................72033
    (d) revised....................................................75172
    (g) removed....................................................77950
27.53 (g) through (k) redesignated as (h) through (l); new (g) 
        added.......................................................5715
    (l) redesignated as (m); new (l) added.........................72033
    (k) removed....................................................77950
27.55 Revised.......................................................5715
    (a)(4) added...................................................72034
27.57 (c) added.....................................................5715
27.58 Heading, (a), (d) and (e) revised............................72034
27.60 (b)(1)(iii) revised..........................................59535
27.63 Revised.......................................................5715
27.601 (c)(1)(iii) revised.........................................17858
27.803 (b)(3) revised..............................................17858
27.903 (b)(3) revised..............................................17858
27.1001--27.1006 (Subpart K) Removed...............................77950
27.1003 (b)(3) revised.............................................17858
27.1101--27.1135 (Subpart L) added..................................5716
27.1200--27.1235 (Subpart M) Added.................................72034
27.1231 (d) and (f) (OMB number pending)...........................72035
27.1235 OMB number pending.........................................72035
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
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

[[Page 569]]

                                  2005

47 CFR
                                                                   70 FR
                                                                    Page
Chapter I
20 Authority citation revised......................................16145
    Actions on petitions...........................................67915
20.11 (d) and (e) added............................................16145
20.15 Regulation at 69 FR 77938 confirmed..........................38794
20.19 (b)(4) added; (c)(2) and (3)(i) revised......................43325
22 Actions on petitions............................................17327
    Actions on petitions...........................................76411
22.1 (b) revised...................................................19307
22.3 (b) revised...................................................19307
22.7 Revised.......................................................19307
22.99 Amended......................................................19307
22.105 Regulation at 63 FR 68943 eff. 1-21-99......................19315
22.143 (d)(4) revised..............................................19308
22.157 Removed.....................................................19308
22.159 Removed.....................................................19308
22.161 Removed.....................................................19308
22.303 Revised.....................................................61058
22.313 (a)(3) and (5) removed......................................19308
22.351 Revised.....................................................19308
22.352 Introductory text amended...................................19308
22.357 Revised.....................................................19308
22.359 Revised.....................................................19308
22.361 Removed.....................................................19309
22.363 Removed.....................................................19309
22.367 Removed.....................................................19309
22.373 Removed.....................................................19309
22.379 Removed.....................................................19309
22.381 Removed.....................................................19309
22.401 Introductory text amended...................................19309
22.411 Removed.....................................................19309
22.415 Removed.....................................................19309
22.417 Removed.....................................................19309
22.529 Regulation at 64 FR 53240 eff. in part 10-1-99..............19315
22.531 (a) and (b) removed.........................................19309
22.539 Removed.....................................................19309
22.551 Removed.....................................................19309
22.563 Removed.....................................................19309
22.565 (g) removed.................................................19309
22.569 Removed.....................................................19309
22.577 Removed.....................................................19309
22.591 Introductory text amended; (b) removed......................19309
22.593 Revised.....................................................19309
22.601 Heading and introductory text revised.......................19309
22.602 Introductory text revised...................................19309
22.625 (a) revised.................................................19309
22.655 Removed.....................................................19309
22.709 Regulation at 63 FR 68948 eff. in part 1-21-99..............19315
    Regulation at 64 FR 53240 eff. 10-1-99.........................19315
22.725 Heading revised; introductory text amended; (c) removed.....19309
22.727 (f) removed.................................................19309
22.729 Removed.....................................................19309
22.757 Revised.....................................................19309
22.801 Revised.....................................................19309
22.803 Redesignated as 22.807......................................19309
    Regulation at 63 FR 68948 eff. in part 1-21-99.................19315
    Regulation at 64 FR 53240 eff. 10-1-99.........................19315
22.807 Redesignated from 22.803; heading, introductory text, 
        (b)(1) and (2) revised; (c) removed........................19309
22.811 Removed.....................................................19310
22.815 Revised.....................................................19310
22.819 Removed.....................................................19310
22.853 Added.......................................................19310
22.857 Introductory text revised...................................19310
    Correctly revised..............................................21663
22.859 Revised.....................................................19310
22.861 Revised.....................................................19310
22.863 Revised.....................................................19310
22.865 Removed.....................................................19310
22.867 Revised.....................................................19310
22.869 Removed.....................................................19310
22.871 Removed.....................................................19310
22.873 Revised.....................................................19310
22.875 Removed.....................................................19311
    Regulation at 63 FR 68951 eff. in part 1-21-99.................19315
22.877 Added.......................................................19311
22.878 Added.......................................................19311
22.879 Added.......................................................19311
22.880 Added.......................................................19312
22.881 Added.......................................................76417
22.882 Added.......................................................76417
22.929 Regulation at 63 FR 68951 eff. in part 1-21-99..............19315
    Regulation at 64 FR 53241 eff. in part 10-1-99.................19315
22.947 (c) introductory text revised...............................61058
22.948 (d) revised.................................................61059
22.949 (d) introductory text revised...............................61059
22.953 (b) and (c) revised.........................................61059
22.970 Heading and (a) introductory text revised...................76707

[[Page 570]]

22.971 (a) revised.................................................76707
22.972 Regulation at 69 FR 67834 confirmed..........................6761
    (c)(1) introductory text revised...............................76707
22.973 Regulation at 69 FR 67834 confirmed..........................6761
22.1003 Revised....................................................19312
23 Policy statement................................................56580
23.20 (f) introductory text revised................................31373
24 Actions on petitions............................................17327
24.12 Revised......................................................61059
24.232 Revised.....................................................61059
24.843 Removed.....................................................61059
25 Order...........................................................20479
25.109 (c) added...................................................32253
25.113 Heading and (a) revised; (b) removed........................32253
25.114 Regulation at 69 FR 54587 confirmed (OMB number)............59276
25.115 (a)(2)(iii) added............................................4783
    (a)(1) and (c)(1) revised (OMB number pending).................32253
    Regulation at 70 FR 32253 confirmed............................56581
25.117 (g) added...................................................32253
25.118 (a)(5) revised..............................................32253
25.129 Regulation at 69 FR 5709 confirmed...........................6771
25.130 (a) revised; (f) added (OMB number pending).................32253
    (a) revised.....................................................4783
    Regulation at 70 FR 32253 confirmed............................56581
25.131 (a) revised (OMB number pending)............................32253
    Regulation at 70 FR 32253 confirmed............................56581
25.132 Regulation at 69 FR 5710 confirmed...........................6771
    (a) revised; (b)(3) added (OMB number pending).................32253
    Regulation at 70 FR 32253 confirmed............................56581
25.133 (a) and (b) revised (OMB number pending)....................32254
    Regulation at 70 FR 32254 confirmed............................56581
25.134 (a)(1), (b) and (d) revised; (c) removed; (e) and (f) added 
        (OMB number pending).......................................32254
    (a)(1) revised; (g) and (h) added..............................33376
    Regulation at 70 FR 32254 confirmed............................56581
25.143 (b)(1) revised..............................................59277
25.144 (a)(1) removed..............................................32254
25.145 (c)(3) removed..............................................59277
25.146 (i)(4) removed..............................................59277
25.149 (a)(1) note added; (b)(1)(i) revised........................19318
25.151 (c)(2) and (d) revised; (e) added (OMB number pending)......32254
    Regulation at 70 FR 32254 confirmed............................56581
25.154 (c) and (d) revised; (e) added (OMB number pending).........32254
    Regulation at 70 FR 32254 confirmed............................56581
25.201 Amended...............................................4783, 19318
    Introductory text added; amended...............................32255
25.202 (a)(8) added.................................................4783
    (a)(1) table amended...........................................24725
    (a)(2) removed.................................................32255
25.203 (a), (b), (c) introductory text, (d) and (k) revised.........4784
    (i) introductory text revised..................................31373
25.204 (h) and (i) added............................................4784
    (a) and (b) revised............................................32255
25.205 Revised......................................................4784
25.208 (a) amended.................................................24725
    (p) through (t) redesignated as (q) through (u); new (p) added
                                                                   46675
25.209 (f) revised (OMB number pending)............................32255
    Regulation at 70 FR 32255 confirmed............................56581
25.210 (a) introductory text revised...............................32256
25.211 Heading and (d) revised; (e) and (f) added (OMB number 
        pending)...................................................32256
    Regulation at 70 FR 32256 confirmed............................56581
25.212 Heading, (c) and (d) revised; (e) added (OMB number 
        pending)...................................................32256
    (d) revised....................................................33376
    Regulation at 70 FR 32256 confirmed............................56581
25.216 (i) revised.................................................19318
25.217 (d) removed.................................................59277
25.220 Added (OMB number pending)..................................32256
    Regulation at 70 FR 32256 confirmed............................56581
25.221 Added; OMB number pending in part............................4784
    (a)(1), (2) and (4) revised....................................33377

[[Page 571]]

    Regulation at 70 FR 4784 confirmed in part.....................34665
25.222 Added; OMB number pending in part............................4786
    (a)(1), (2) and (4) revised....................................33377
    Regulation at 70 FR 4786 confirmed in part.....................34665
25.252 (a)(7) and (b)(3) revised...................................19318
25.253 Revised.....................................................19319
25.254 (a)(4) and (b)(4) revised...................................19320
25.256 Added.......................................................24725
25.271 (b) and (c) introductory text revised; (f) added.............4787
    (c)(5) added...................................................32257
25.274 (e) revised; (g) removed; (f) redesignated as new (g); new 
        (f) added..................................................32257
25.277 (b) and (c) introductory text revised........................4787
    (d) revised; (f) added (OMB number pending)....................32257
    Regulation at 70 FR 32257 confirmed............................56581
25.280 Regulation at 69 FR 54587 confirmed (OMB number)............59276
27.3 (o) and (p) redesignated as (p) and (q); new (o) added........61059
27.5 (h) revised...................................................58064
27.6 (h) revised...................................................58065
27.11 (i) revised..................................................58065
27.50 (h)(3) and (4) added..........................................1190
    (d) introductory text and (1) revised..........................58065
27.53 (l)(6) and (7) added..........................................1190
    (d)(1) through (4) revised.....................................21664
27.1221 (c), (d) and (e) added......................................1190

                                  2006

47 CFR
                                                                   71 FR
                                                                    Page
Chapter I
22.602 (b) and (h) removed; (c), (d) introductory text, (e) 
        introductory text and (j) revised; (k) added...............29834
22.879 (c)(3)(v) revised...........................................69038
22.972 (c)(3)(v) revised...........................................69038
22.1100--22.1103 (Subpart J) Removed...............................38111
24.900--24.903 (Subpart J) Removed.................................38111
25 Actions on petitions............................................35550
25.208 (v) added...................................................35188
25.213 (b) text added..............................................35188
27.4 Amended.......................................................35189
27.5 (i)(1), (2) Note, (ii), (iii) and (3) revised.................35189
27.14 (e) added....................................................35189
27.53 (l) introductory text revised................................35190
27.1101--27.1135 (Subpart L) Heading revised.......................29835
    Heading correctly revised......................................34420
27.1102 Heading revised............................................29835
27.1111 Revised....................................................29835
27.1132 Revised....................................................29835
27.1160 Added......................................................29835
27.1162 Added......................................................29835
27.1164 Added......................................................29835
27.1166 Added (OMB numbers pending in part)........................29835
27.1168 Added......................................................29835
27.1170 Added (OMB numbers pending)................................29835
27.1172 Added......................................................29835
27.1174 Added......................................................29835
27.1176 Added......................................................29835
27.1178 Added......................................................29835
27.1180 Added......................................................29835
27.1182 Added (OMB numbers pending in part)........................29835
27.1184 Added......................................................29835
27.1186 Added (OMB numbers pending)................................29835
27.1188 Added......................................................29835
27.1190 Added......................................................29835
27.1201 (a) introductory text revised; (c) removed; (d) added......35190
27.1202 (c) revised................................................35190
27.1203 (b) revised................................................35190
27.1213 (c)(2) revised.............................................35190
27.1214 (b)(1) and (c) revised; (e) added..........................35190
27.1216 Added......................................................35191
27.1221 (a) revised................................................35191
27.1230 Revised....................................................35191
27.1231 Revised (OMB numbers pending in part)......................35191
    Regulation at 71 FR 35191 confirmed in part....................70906
27.1232 (a), (b) introductory text and (c)(1) revised; (d)(1) and 
        (2) amended; (d)(3) and (4) added..........................35192
27.1233 (a)(1)(i) and (b)(3)(ii) revised; (c) removed..............35193
27.1235 Introductory text and (a) revised; (d) added (OMB numbers 
        pending)...................................................35193

[[Page 572]]

    Regulation at 71 FR 35193 confirmed............................70906
27.1236 Added (OMB numbers pending)................................35193
    Regulation at 71 FR 35193 confirmed............................70906
27.1237 Added (OMB numbers pending)................................35193
    Regulation at 71 FR 35193 confirmed............................70906
27.1238 Added (OMB numbers pending)................................35193
    Regulation at 71 FR 35193 confirmed............................70906
27.1239 Added (OMB numbers pending)................................35193
    Regulation at 71 FR 35193 confirmed............................70906
27.1250 Added......................................................29840
27.1251 Added......................................................29840
27.1252 Added......................................................29840
27.1253 Added......................................................29840
27.1254 Added......................................................29840
27.1255 Added......................................................29840
36 Order...........................................................29843
36.2 (b)(3)(ii) and (iv) revised...................................65745
36.125 (f) revised.................................................65745
36.126 (e)(2), (3) introductory text, (i) and (iii) revised; 
        (e)(3)(ii) removed.........................................65745
36.142 (a) revised.................................................65746
36.152 (a)(1) and (2) revised......................................65746
36.154 (c) revised; (d), (e) and (f) removed.......................65746
36.156 (b) revised.................................................65746
36.212 (c) revised.................................................65746
36.214 (a) revised.................................................65746
36.375 (b)(2) removed; (b)(3) through (6) redesignated as (b)(2) 
        through (5)................................................65746
36.377 (a)(1)(viii), (2)(vi), (3)(v) and (7) removed; (a)(1) 
        introductory text, (2) introductory text, (vii), (3) 
        introductory text, (vii), (5)(i), (v) and (vi) revised.....65746
36.631 (a) and (b) removed; (d) introductory text revised..........65747
36.641 Removed.....................................................65747
36 Appendix revised................................................65747

                                  2007

47 CFR
                                                                   72 FR
                                                                    Page
Chapter I
20.3 Amended; eff. 10-29-07........................................50073
20.9 (b) introductory text and (1) revised.........................31194
20.12 (a) and (c) revised; (d) added; eff. 10-29-07................50074
20.18 (a) revised (OMB number pending).............................27708
20.19 (a) and (b) introductory text revised........................27709
22 Policy statement.........................................20439, 41940
    Actions on petitions....................................38793, 56015
24 Actions on petitions............................................56015
25 Policy statement................................................70807
    (d)(7) and (15) revised; (d)(17) added.........................60278
25.114 (d)(7) revised; (d)(15) and (16) added......................50027
25.115 (g) added...................................................50027
25.117 (d)(2)(v) added.............................................60279
25.121 (a) revised.................................................50027
25.132 (b)(3) revised..............................................50028
25.140 (b)(2) revised; (b)(3) and (c) added........................50028
    (b)(2), (3) and (c) revised; (b)(4), (5) and (6) added.........60279
25.201 Amended.....................................................50028
25.202 (a)(1) table revised; (a)(9) added..........................50028
25.203 (l) added...................................................50029
25.204 (g) revised.................................................50029
25.208 (c) revised; (w) added......................................50029
25.209 (c) revised.................................................50029
25.210 (f) and (i) revised.........................................50029
25.212 (f) added...................................................50030
25.220 (a)(1) introductory text revised............................50030
25.223 Added.......................................................50030
25.224 Added.......................................................50031
25.225 Added.......................................................50033
25.262 Added.......................................................50033
    Revised........................................................60280
25.601 Revised.....................................................50033
25.701 (a)(3) revised; (a)(4) and (5) added........................50033
27 Policy statement................................................41940
    Actions on petitions...........................................56015
27.1 (b)(2) revised; eff. 10-23-07.................................48843
27.2 (b) revised; eff. 10-23-07....................................48843
27.4 Amended.......................................................27709
    Amended; eff. 10-23-07.........................................48843
27.5 (b) revised; eff. 10-23-07....................................48844
27.6 (a) introductory text, (b), (c) and (e) revised; eff. 10-23-
        07.........................................................48844
    (b)(3) correctly revised.......................................67577
27.10 Introductory text revised....................................27709
27.11 (c) and (d) revised; eff. 10-23-07...........................48845

[[Page 573]]

27.13 (b) revised..................................................27709
    (b) amended; eff. 10-23-07.....................................48845
27.14 Heading revised; (e) redesignated as (f); new (e) added......27709
    (a) revised; (f) removed; (e) redesignated as new (f); new (e) 
and (g) through (n) added; eff. 10-23-07...........................48846
    (a), (e), (g), (1) and (2) corrected (eff. date pending).......67578
    (g)(3), (h) introductory text through (3), (i) introductory 
text through (3), (k), (l) and (m) corrected (eff. date pending) 
                                                                   67579
    (m)(4) corrected (eff. date pending)...........................67580
27.15 (d) revised; eff. 10-23-07...................................48848
    (d), (1)(ii), (2)(i) and (ii) corrected (eff. date pending)....67580
27.16 Added; eff. 10-23-07.........................................48849
27.50 (b), (c) and Table 1 revised; Tables 2, 3 and 4 added (OMB 
        numbers pending in part)...................................27709
    (b)(1) through (12), (c)(5), (7), (8), (11) and Tables 1 
through 4 revised; eff. 10-23-07...................................48849
    (b) introductory text corrected................................67580
27.53 (d) through (m) redesignated as (e) through (n); new (e)(1) 
        through (4) redesignated as (e)(6) through (9); (c) 
        introductory text through (4), new (e) introductory text 
        and new (f) revised; new (d) and (e)(1) through (5) added; 
        eff. 10-23-07..............................................48851
27.55 (b) revised; (c) added.......................................27712
    Heading, (a)(2) and (c) revised; eff. 10-23-07.................48852
27.57 (b) revised; eff. 10-23-07...................................48852
27.60 Revised; eff. 10-23-07.......................................48852
27.70 Added........................................................27712
    (a) introductory text, (b)(1) and (2) revised; eff. 10-23-07 
                                                                   48853
27.303 (a) introductory text revised; eff. 10-23-07................48853
27.501--27.502 (Subpart F) Heading revised.........................27712
    Revised; eff. 10-23-07.........................................48853
27.502 Correctly revised...........................................63499
27.601--27.607 (Subpart G) Heading revised.........................27712
    Heading correctly revised......................................67577
27.601 Revised.....................................................27712
    (c)(1) introductory text revised; eff. 10-23-07................48853
27.602 Revised.....................................................27713
27.603 Removed.....................................................27713
27.605 Removed.....................................................27713
27.606 Removed.....................................................27713
27.607 Revised.....................................................27713
27.1166 Regulation at 71 FR 29835 confirmed in part................41939
27.1170 Regulation at 71 FR 29835 confirmed........................41939
27.1182 Regulation at 71 FR 29835 confirmed in part................41939
27.1186 Regulation at 71 FR 29835 confirmed........................41939
27.1301--27.1340 (Subpart N) Added; eff. 10-23-07..................48854
27.1333 (b) correctly revised......................................67577
36.622 (c)(2) correctly revised....................................46919

                                  2008

47 CFR
                                                                   73 FR
                                                                    Page
Chapter I
20 Comment request.................................................33324
20.18 (h) revised (OMB number pending)..............................8625
20.19 Revised (OMB number pending in part).........................25587
22.709 (b)(3) correctly reinstated; CFR correction.................55450
24.232 Revised.....................................................24183
25.115 (h) and (i) added (OMB number pending)......................70900
25.134 (g)(4) added (OMB number pending)...........................70900
25.138 (a)(4) revised..............................................70900
25.149 (a)(2)(iii) and (b)(5)(ii) revised..........................25592
25.202 (a)(1) revised..............................................25495
25.208 (n) revised.................................................25496
    (g) Table 1G and (h) Table 1H correctly amended; CFR 
correction.........................................................56999
    (g) Table 1G and (h) Table 1H correctly amended; CFR 
correction.........................................................56999
25.209 (a), (b), (c)(1) and (f) revised; (d) and (g) removed.......70901
25.212 (c) revised.................................................70901
25.218 Added (OMB number pending)..................................70901
25.220 (a) and (d) revised; (c), (e) and (f) removed (OMB number 
        pending)...................................................70904
25.254 (d) added...................................................25592

[[Page 574]]

27 Actions on petitions............................................48305
    Policy statement...............................................51375
27.5 (i)(2)(iii) and (2) note revised..............................26038
27.13 (h) added....................................................26038
27.14 (o) added....................................................26038
27.20 Added (OMB number pending)...................................15448
    Regulation at 73 FR 15448 confirmed............................16763
27.50 (d) revised..................................................24184
27.53 (m) introductory text, (2) and (4) revised...................26039
27.55 (a)(4)(i), (ii) and (iii) revised............................26040
27.1134 Table 1 correctly revised..................................50571
27.1201 (a)(3) and (d) revised.....................................26040
27.1207 (a) and (b) introductory text revised......................26040
27.1208 Revised....................................................26040
27.1214 (c) revised................................................26041
27.1217 Added......................................................26041
27.1218 Added......................................................26041
27.1221 (b) through (e) revised; (f) added (OMB number pending in 
        part)......................................................26041
    Regulation at 73 FR 26041 confirmed in part....................54324
27.1231 (f) introductory text revised..............................26041
27.1236 (a), (b)(1) and (6) revised................................26042
32 Order...........................................................37882
36 Order...........................................................37882

                                  2009

  (Regulations published from January 1, 2009, through October 1, 2009)

47 CFR
                                                                   74 FR
                                                                    Page
Chapter I
25.115 Regulation at 73 FR 70900 confirmed..........................9962
25.132 (b)(3) revised; eff. 10-15-09...............................47102
25.134 Regulation at 73 FR 70900 confirmed..........................9962
25.218 Regulation at 73 FR 70901 confirmed..........................9962
25.220 Regulation at 73 FR 70904 confirmed..........................9962
25.221 Revised; eff. 10-15-09 (OMB number pending in part).........47102
25.222 Revised; eff. 10-15-09 (OMB number pending in part).........47105
25.271 (b) and (c) introductory text revised; (f) removed; eff. 
        10-15-09...................................................47107
27 Policy statement................................................19010
27.5 (i)(2)(i) and (iii) revised; eff. 10-28-09....................49337
27.13 (b) revised...................................................8878
27.14 (g) introductory text, (1), (h) introductory text, (1), 
        (i)(1), (l) and (m)(1) amended..............................8878
27.20 (c) amended...................................................8878
27.1310 (j) amended.................................................8878
32.2000 (i) correctly removed; CFR correction......................47107
36.3 (a) through (e) amended; interim..............................23956
36.123 (a)(5) and (6) amended; interim.............................23956
36.124 (c) and (d) amended; interim................................23956
36.125 (h), (i) and (j) amended; interim...........................23956
36.126 (b)(5), (c)(4), (e)(4) and (f)(2) amended; interim..........23956
36.141 (c) amended; interim........................................23956
36.142 (c) amended; interim........................................23956
36.152 (d) amended; interim........................................23956
36.154 (g) amended; interim........................................23956
36.155 (b) amended; interim........................................23956
36.156 (c) amended; interim........................................23956
36.157 (b) amended; interim........................................23956
36.191 (d) amended; interim........................................23956
36.212 (c) amended; interim........................................23956
36.214 (a) amended; interim........................................23956
36.372 Amended; interim............................................23956
36.374 (b) and (d) amended; interim................................23956
36.375 (b)(4) and (5) amended; interim.............................23956
36.377 (a) introductory text, (1)(ix), (2)(vii), (3)(vii), 
        (4)(vii), (5)(vii) and (6)(vii) amended; interim...........23956
36.378 (b)(1) amended; interim.....................................23956

[[Page 575]]

36.379 (b)(1) and (2) amended; interim.............................23956
36.380 (d) and (e) amended; interim................................23956
36.381 (c) and (d) amended; interim................................23956
36.382 (a) amended; interim........................................23956


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