Federal Register, Volume 61 Issue 103 (Tuesday, May 28, 1996)

[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26670-26728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12942]

[[Page 26669]]

_______________________________________________________________________

Part III

Federal Communications Commission

_______________________________________________________________________

47 CFR Part 1 et al.

Terrestrial Microwave Fixed Radio Services; Final Rule

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

[[Page 26670]]

FEDERAL COMMUNICATIONS COMMISSION

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

[WT Docket No. 94-148, FCC 96-51]

Terrestrial Microwave Fixed Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission has adopted a Report and Order to establish
regulations governing the Terrestrial Microwave Fixed Radio Services
and implement section 403(j) of the Telecommunications Act of 1996.
These amendments streamline the Commission's rules, expedite processing
of authorizations for the Terrestrial Microwave Fixed Radio Services,
and clarify rules concerning the Terrestrial Microwave Fixed Radio
Services.

EFFECTIVE DATE: These regulations are effective August 1, 1996.

FOR FURTHER INFORMATION CONTACT: Robert James of the Wireless
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted February 8, 1996, and released February 29, 1996.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 239,
1919 M Street, NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street, NW., Suite 140, Washington, DC 20037.

Summary of Report and Order

1. In this action, the Commission created one comprehensive new
rule part for the microwave services and eliminated undue regulatory
burdens resulting in significant benefits for both the public and the
Commission. We reorganized and amended parts 21 and 94 of the rules to
establish a new part 101. We anticipate that the new consolidated part
101 will result in a number of major benefits. First, the public will
benefit from simplified and streamlined rules. Second, both the public
and the Commission will benefit from reduced regulatory burdens. Third,
the new rules will encourage more efficient use of microwave spectrum
by permitting more intensive use of microwave equipment. Fourth, common
technical standards for common carrier and private operational fixed
microwave equipment will lead to economics of scale in microwave
equipment production and lower equipment prices to licensees. The new
consolidated part 101 will eliminate arbitrary distinction and further
regulatory symmetry between common carrier and private operational
fixed microwave services.
2. Section 403(j) of the 1996 Telecommunications Act amends section
309(b) of the Communications Act by removing the requirement that the
Commission delay granting an application for a private fixed point-to-
point microwave station until thirty days after the Commission issues a
public notice announcing that it has accepted the application for
filing. This Report and Order deletes Sec. 1.962(a) of its rules, 47
CFR 1.962(a), to reflect this statutory change.
3. These new rules reflect a comprehensive restructuring in the
regulatory requirements and policies of the fixed microwave services.
The streamlined and simplified rules, reduce regulatory burdens,
encourage more efficient use of the microwave spectrum, and foster
economies of scale in microwave equipment production. These rules will
allow licensees to compete more on price and quality of service rather
than on regulatory gamesmanship.
4. The rules are set forth below.
5. This Report and Order is issued under the authority of sections
4(i) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i) and 303(r).
6. Need and purpose of this action. This Report and Order
simplifies the rules for the common carrier and private operational
fixed services, currently contained respectively in parts 21 and 94 of
the Commission's rules, and consolidates those rules into a new part
101. These new rules eliminate unnecessary information collection
requirements, eliminate redundancy, remove obsolete language, and
promote the public interest.
7. Summary of issues raised by the public. Several commenters
suggested modifications to some of the Commission's proposals. As a
result of these comments, we have made modifications to the proposed
rules as appropriate. The specific suggestions and modifications are
discussed in the paragraphs above.
8. Significant alternatives considered. The Notices of Proposed
Rule Making in the two subject proceedings offered numerous proposals.
The commenters overwhelmingly supported the majority of the proposed
rule changes. Several commenters suggested modifications to some of the
Commission's proposals. Many of the suggested modifications are
incorporated in the final rules. The regulatory burdens which we have
retained are necessary to fulfill our duties under the Communications
Act of 1934, as amended. We will continue to examine alternatives in
the future with the objective of eliminating unnecessary regulations
and minimizing economic impact on small business entities.

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 2

Communications equipment.

47 CFR Part 21

Communications equipment, Radio, Reporting and recordkeeping
requirements.

47 CFR Part 94

Communications equipment, Radio, Reporting and recordkeeping
requirements.

47 CFR Part 101

Communications equipment, Radio, Reporting and recordkeeping
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Final Rules

Parts 1, 2, 21 and 94 of Chapter I of Title 47 of the Code of
Federal Regulations are amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and 303(j) unless otherwise
noted.

2. Section 1.77 is amended by adding a new paragraph (i) to read as
follows:

Sec. 1.77 Detailed application procedures; cross references.

* * * * *
(i) Rules governing applications for authorizations in the Common
Carrier and Private Radio terrestrial microwave services are set out in
part 101 of this chapter.
3. Section 1.741 is revised to read as follows:

Sec. 1.741 Scope.

The general rules relating to applications contained in Secs. 1.742
through 1.748 apply to all applications filed by carriers except those
filed by public correspondence radio stations

[[Page 26671]]

pursuant to parts 80, 87, and 101 of this chapter, and those filed by
common carriers pursuant to part 25 of this chapter. Parts 21 and 101
of this chapter contain general rules applicable to applications filed
pursuant to these parts. For general rules applicable to applications
filed pursuant to parts 80 and 87 of this chapter, see such parts and
subpart F of this part. For rules applicable to applications filed
pursuant to part 25, see said part.
4. Section 1.761 is revised to read as follows:

Sec. 1.761 Cross reference.

Specific types of applications under Title III of the
Communications Act involving public correspondence radio stations are
specified in parts 23, 80, 87, and 101 of this chapter.
5. Section 1.825 is amended by revising paragraph (b) to read as
follows:

Sec. 1.825 Random selection procedures for Digital Electronic Message
Service.

* * * * *
(b) Petitions to deny applications for digital electronic message
service authorizations, and responsive pleadings, shall be filed prior
to conducting the random selection, pursuant to the requirements of
Sec. 101.43 of this chapter. Following the random selection, petitions
against tentative selectee's applications shall be resolved by the
Commission.
6. Section 1.901 is revised to read as follows:

Sec. 1.901 Scope.

In the case of any conflict between the rules set forth in this
subpart and the rules set forth in part 13 of this chapter or the rules
set forth for specific services in parts 80 through 101 of this
chapter, the rules in this subpart shall govern.
7. Section 1.924 is amended by revising paragraph (b)(2)(ii) to
read as follows:

Sec. 1.924 Assignment or transfer of control, voluntary and
involuntary.

* * * * *
(b)(1) * * *
(2) * * *
(ii) FCC Form 402. For assignment of station authorizations in the
Private Operational Fixed Microwave Service (part 101 of this chapter).
Attached thereto shall be an executed Form 1046 or a signed letter from
proposed assignor stating the assignor's desire to assign the current
authorization in accordance with the rules governing the particular
service involved.
* * * * *
8. Section 1.926 is amended by revising paragraph (a)(6) to read as
follows:

Sec. 1.926 Application for renewal of license.

(a) * * *
(6) Renewal of station authorizations in the Private Operational
Fixed Microwave Service (part 101 of this chapter) shall be submitted
on such form as the Commission may designate by the public notice in
accordance with the provisions of Sec. 101.13 of this chapter.
* * * * *

Sec. 1.962 [Amended]

9. Section 1.962 is amended by removing paragraph (a)(1) and
redesignating paragraphs (a)(2) through paragraphs (a)(7) as paragraphs
(a)(1) through (a)(6) respectively.
10. Section 1.972 is amended by revising paragraphs (a)(1) and (c)
to read as follows:

Sec. 1.972 Grants by random selection.

(a) * * *
(1) For stations in the following Private Radio Services:

Part 80--Stations in the Maritime Services
Part 87--Aviation Services
Part 90--Private Land Mobile Services
Part 95--Subpart F--Personal Radio Services
Part 101--Subpart H--Private Operational Fixed Point-to-Point
Microwave Service.
* * * * *
(c) If there are mutually exclusive applications for an initial
license for stations subject to part 80 or part 87 of this chapter, or
if there are more applications for an initial license in part 90, part
95-subpart F, or part 101- subpart H of this chapter, than can be
accommodated on available frequencies, the Commission may process the
applications pursuant to a system of random selection. Each such random
selection shall be conducted pursuant to an order issued by the
Wireless Telecommunications Bureau and under the direction of the Chief
of the Bureau.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

1. The authority citation for part 2 continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307,
unless otherwise noted.

2. Section 2.995 is amended by revising paragraph (a)(2) to read as
follows:

Sec. 2.995 Measurements required: Frequency stability.

(a) * * *
(2) From -20 deg. to +50 deg. centigrade for equipment to be
licensed for use in the Maritime Services under part 80 of this
chapter, except Class A, B, and S Emergency Position Indicating
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952
MHz at operational fixed stations in all services, stations in the
Local Television Transmission Service and Point-to-Point Microwave
Radio Service under part 101 of this chapter, and equipment licensed
for use aboard aircraft in the Aviation Services under part 87 of this
chapter.
* * * * *

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

1. The authority citation for part 21 continues to read as follows:

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

2. Section 21.2 is revised to read as follows:

Sec. 21.2 Definitions.

As used in this part:
Antenna power gain. The square of the ratio of the root-mean-square
free space field intensity produced at one mile in the horizontal
plane, in millivolts per meter for one kilowatt antenna input power to
137.6 mV/m. This ratio should be expressed in decibels (dB). (If
specified for a particular direction, antenna power gain is based on
the field strength in that direction only.)
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structures. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The centre of the frequency band assigned to a
station.
Authorized bandwidth. The maximum width of the band of frequencies
permitted to be used by a station. This is normally considered to be
the necessary or occupied bandwidth, whichever is greater.
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Bandwidth occupied by an emission. The band of frequencies
comprising 99

[[Page 26672]]

percent of the total radiated power extended to include any discrete
frequency on which the power is at least 0.25 percent of the total
radiated power.
Basic Trading Area (BTA). The geographic areas by which the
Multipoint Distribution Service is licensed. BTA boundaries are based
on the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd
Edition, pp. 36-39, and include six additional BTA-like areas as
specified in Sec. 21.924(b).
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
BTA authorization holder. The individual or entity authorized by
the Commission to provide Multipoint Distribution Service to the
population of a BTA.
BTA service area. The area within the boundaries of a BTA to which
a BTA authorization holder may provide Multipoint Distribution Service.
This area excludes the protected service areas of incumbent MDS
stations and previously proposed and authorized ITFS facilities,
including registered receive sites.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. A control point is an operating position at which an
operator responsible for the operation of the transmitter is stationed
and which is under the control and supervision of the licensee.
Control station. A fixed station whose transmissions are used to
control automatically the emissions or operations of another radio
station at a specified location, or to transmit automatically to an
alarm center telemetering information relative to the operation of such
station.
Coordination distance. For the purpose of this part, the expression
``coordination distance'' means the distance from an earth station,
within which there is a possibility of the use of a given transmitting
frequency at this earth station causing harmful interference to
stations in the fixed or mobile service, sharing the same band, or of
the use of a given frequency for reception at this earth station
receiving harmful interference from such stations in the fixed or
mobile service.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g. one
consisting of coded pulses or states.
Domestic fixed public service. A fixed service, the stations of
which are open to public correspondence, for radiocommunications
originating and terminating solely at points all of which lie within:
(a) The State of Alaska;
(b) The State of Hawaii;
(c) The contiguous 48 States and the District of Columbia; or
(d) A single possession of the United States. Generally, in cases
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District
of Columbia) and Canada or Mexico, or radiocommunications between the
State of Alaska and Canada, are deemed to be in the domestic fixed
public service.
Domestic public radio services. The land mobile and domestic fixed
public services the stations which are open to public correspondence.

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

Earth station. A station located either on the earth's surface or
within the major portion of the earth's atmosphere and intended for
communications:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna. This product may be expressed in
watts or dB above 1 watt (dBW).
Facsimile. A form of telegraphy for the transmission of fixed
images, with or without half-tones, with a view to their reproduction
in a permanent form.
Fixed earth station. An earth station intended to be used at a
specified fixed point.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
centre frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency. The frequency tolerance is expressed as a
percentage or in Hertz.
Harmful interference. Interference which endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radiocommunication
service.
Incumbent. An MDS station that was authorized or proposed before
September 15, 1995, including those stations that are subsequently
modified, renewed or reinstated.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Multichannel multipoint distribution service. Those multipoint
distribution service channels that use the frequency band 2596 MHz to
2644 MHz and associated response channels.
Multipoint distribution service. A one-way domestic public radio
service rendered on microwave frequencies from a fixed station
transmitting (usually in an omnidirectional pattern) to multiple
receiving facilities located at fixed points.
Multipoint distribution service response station. A fixed station
operated at an MDS receive location to provide communications with the
associated station in the Multipoint Distribution Service.
Necessary bandwidth of emission. For a given class of emission, the
width of the frequency band that is just sufficient to ensure the
transmission of information at the rate and with the quality required
under specified conditions.
Note: The necessary bandwidth for an emission may be calculated
using the formulas in Sec. 2.202 of this chapter.
Partitioned service area authorization holder. The individual or
entity authorized by the Commission to

[[Page 26673]]

provide Multipoint Distribution Service to the population of a
partitioned service area.
Partitioned service area (PSA). The area within the coterminous
boundaries of one of more counties or other geopolitical subdivisions,
drawn from a BTA, to which an authorization holder may provide
Multipoint Distribution Service or the area remaining in a BTA upon
partitioning any portion of that BTA. This area excludes the protected
service areas of incumbent MDS stations and previously proposed and
authorized ITFS stations, including registered receive sites.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Public correspondence. Any telecommunication which the offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The term ``rated power output'' of a
transmitter means the normal radio frequency power output capability
(Peak or Average Power) of a transmitter, under optimum conditions of
adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the center of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more
stations and directed to a specified receiver site.
Signal booster station. A low-power repeater station automatically
retransmitting on the same frequency as the received signal, and
located within the protected service area of a Multipoint Distribution
Service station.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Television STL station (studio transmitter link). A fixed station
used for the transmission of television program material and related
communications from a studio to the transmitter of a television
broadcast station.

Sec. 21.3 [Amended]

3. Section 21.3 is amended by removing paragraph (b), and
redesignating paragraph (c) as paragraph (b).
4. Section 21.6 is amended by revising paragraphs (b) and (c) to
read as follows:

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

* * * * *
(b) Applications requiring fees as set forth in part 1, subpart G
of this chapter must be filed in accordance with Sec. 0.401(b) of this
chapter. Applications not requiring fees shall be submitted to: Federal
Communications Commission, Washington, DC 20554.
(c) All correspondence or amendments concerning a submitted
application shall clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved. All correspondence or
amendments concerning a submitted application may be sent directly to
the Mass Media Bureau.
* * * * *
5. Section 21.13 is amended by removing paragraph (f),
redesignating paragraph (g) as paragraph (f), and revising paragraphs
(a)(6) and (b) to read as follows:

Sec. 21.13 General application requirements.

(a) * * *
(6) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
* * * * *
6. Section 21.15 is amended by revising the introductory text, and
paragraphs (c), (d), and (g) to read as follows:

Sec. 21.15 Technical content of applications.

Applications shall contain all technical information required by
the application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F and K as appropriate). The following
paragraphs describe a number of technical requirements.
* * * * *
(c) Each application involving a new or modified transmitting
antenna supporting structure, passive facility, or the addition or
removal of a transmitting antenna, or the repositioning of an
authorized antenna for a station must be accompanied by a vertical
profile sketch of the total structure depicting its structural nature
and clearly indicating the ground elevation (above sea level) at the
structure site, the overall height of the structure above ground
(including obstruction lights when required, lightning rods, etc.) and,
if mounted on a building, its overall height above the building. The
proposed antenna on the structure must be clearly identified and its
height above-ground (measured to the center of radiation) clearly
indicated. Alternatively, applicants in the Multipoint Distribution
Service who filed applications on or after September 15, 1995, may
provide this information in the MDS long-form application.
(d) Each application proposing a new or modified antenna structure
for a station (including a passive repeater or signal booster station)
so as to change its overall height shall indicate whether any necessary
notification of the FAA has been made. Complete information as to rules
concerning the construction, marking and lighting of antenna structures
is contained in part 17 of this chapter. See also Sec. 21.111 if the
structure is used by more than one station.
* * * * *
(g) Applications in the Multipoint Distribution Service filed
before September 15, 1995, proposing a new or replacement antenna
(excluding omni-directional antennas) shall include an antenna
radiation pattern showing the antenna power gain distribution in the

[[Page 26674]]

horizontal plane expressed in decibels, unless such pattern is known to
be on file with the Commission in which case the applicant may
reference in its application the FCC-ID number that indicates that the
pattern is on file with the Commission. Multipoint Distribution Service
applicants who filed applications on or after September 15, 1995 must
provide related information in completing an MDS long-form application.
* * * * *
7. Section 21.20 is amended by revising paragraph (b)(5) to read as
follows:

Sec. 21.20 Defective applications.

* * * * *
(b) * * *
(5) The application does not certify the availability of the
proposed station site.
* * * * *
8. Section 21.23 is amended by removing paragraphs (c)(1) and (d),
redesignating (c)(2) through (c)(7) as paragraphs (c)(1) through
(c)(6), redesignating paragraphs (e) through (g) as paragraphs (d)
through (f), and revising the newly redesignated paragraphs (c)(1)
introductory text, and (d)(1) to read as follows:

Sec. 21.23 Amendment of applications.

* * * * *
(c) * * *
(1) If in the Multipoint Distribution Service, the amendment
results in a substantial modification of the engineering proposal such
as (but not necessarily limited to):
* * * * *
(d) * * *
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 21.902;
* * * * *
Sec. 21.27 [Amended]

9. Section 21.27 is amended by removing paragraph (d).

Sec. 21.31 [Amended]

10. Section 21.31 is amended by removing paragraph (f).
Sec. 21.33 [Amended]

11. Section 21.33 is amended by removing paragraph (a), and
redesignating paragraphs (b) through (d) as paragraphs (a) through (c)
respectively.
12. Section 21.39 is amended by revising paragraph (d)(3) to read
as follows:

Sec. 21.39 Considerations involving transfer or assignment
applications.

* * * * *
(d) * * *
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (c) (1) and (2) of this section) if
the transaction involves two or more stations. (The median date is that
date so selected such that fifty percent of the commencement dates of
the total number of stations, when arranged in chronological order, lie
below it and fifty percent lie above it. When the number of stations is
an even number, the median date will be a value half way between the
two dates closest to the theoretical median).
13. Section 21.41 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 21.41 Special processing of applications for minor facility
modifications.

* * * * *
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Multipoint Distribution Service;
(2) The cumulative effect of all such applications made within any
60 days period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section;
(6) Frequency notification procedures are complied with and a copy
of the application has been served on those who also were served under
Sec. 21.902; and
(7) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density that exceeds -73 dBW/m\2\,
pursuant to Secs. 21.902 and 21.939 at locations on the boundaries of
protected service areas to which there is an unobstructed signal path.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In the Multipoint Distribution Service, any increase in EIRP is
one and one-half dB or less over the previously-authorized power value;
or
(ii) The necessary bandwidth is not increased by more than 10% of
the previously authorized necessary bandwidth.
(2) Changes in the height of an antenna, provided that:
(i) In Multipoint Distribution Service, any increase in antenna
height is less than 3.0 meters above the previously authorized height;
and
(ii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station by
ten seconds or less of latitude, longitude or both, provided that when
notice to the FAA of proposed construction is required by part 17 of
this chapter for antenna structure at the previously authorized
coordinates (or will be required at the new location) the applicant
must comply with the provisions of Sec. 21.15(d).
* * * * *
14. Section 21.42 is amended by removing paragraph (c)(7),
redesignating paragraph (c)(8) as paragraph (c)(7), and revising
paragraphs (a), (b)(1), (b)(4), and (c)(3) to read as follows:
Sec. 21.42 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if:
(1) The replacement equipment is identical (i.e., same manufacturer
and model number) with the replacement equipment; or
(2) The replacement transmitter, transmitting antenna, transmission
line loss and/or devices between the transmitter and antenna, or
combinations of the above, do not change the EIRP of a station in any
direction.
(b) Licensees of fixed stations in the Multipoint Distribution
Service may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) The Multipoint Distribution Service licensee serves a copy of
the notification described in paragraph (b)(3) of this section on those
who were served under Sec. 21.902, and
* * * * *
(4) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density at the protected service area
boundary that

[[Page 26675]]

exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.
(c) * * *
(3) Change to an antenna when the new antenna conforms with
Sec. 21.906 and the EIRP resulting from the new antenna does not exceed
that resulting from the previously authorized antenna by more than one
dB in any direction.
* * * * *
15. Section 21.43 is amended by revising paragraph (a) to read as
follows:

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

(a) Except for Multipoint Distribution Service station licenses
granted to BTA and PSA authorization holders, each license for a radio
station for the services included in this part shall specify as a
condition therein the period during which construction of facilities
will be completed and the station made ready for operation.
Construction may not commence until the grant of a license, and must be
completed by the date specified in the license as the termination date
of the construction period. Except as may be limited by Sec. 21.45(b)
or otherwise determined by the Commission for any particular
application, the maximum construction period for all stations licensed
under this part shall be a maximum of 12 months from the date of the
license grant.
* * * * *
16. Section 21.45 is amended by revising paragraphs (a) and (c) to
read as follows:

Sec. 21.45 License period.

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

Multipoint Distribution Service--May 1.

(2) When a license is granted subsequent to the last renewal date
of the class of license involved, the license shall be issued only for
the unexpired period of the current license term of such class.
* * * * *
(c) Upon the expiration or termination of any station license, any
related conditional authorization, which bears a later expiration date,
shall be automatically terminated concurrently with the related station
license, unless it shall have been determined by the Commission that
the public interest, convenience or necessity would be served by
continuing in effect said conditional authorization.
17. Section 21.100 is revised to read as follows:

Sec. 21.100 Frequencies.

The frequencies available for use in the service covered by this
part are listed in subpart K. Assignment of frequencies will be made
only in such a manner as to facilitate the rendition of communication
service on an interference-free basis in each service area. Unless
otherwise indicated, each frequency available for use by stations in
this service will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in this
service shall cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more
radio systems and such interference cannot be resolved between the
licensees thereof, the Commission may, after notice and opportunity for
hearing, require the licensees to make such changes in operating
techniques or equipment as it may deem necessary to avoid such
interference.
18. Section 21.101 is amended by removing paragraph (b),
redesignating paragraph (c) as paragraph (b), and revising paragraph
(a) to read as follows:

Sec. 21.101 Frequency tolerance.

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

------------------------------------------------------------------------
Frequency
tolerance
Frequency range (MHz) for fixed
stations
(percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\..................................... 0.001
2,596 to 2,680 \2\......................................... 0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
equipment pursuant to Secs. 2.803 and 2.805 of this chapter and the
issuance of all authorizations for new radio equipment. Until that
date new equipment may be authorized with a frequency tolerance of
0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
so authorized may continue to be used for its life provided that it
does not cause interference to the operation of any other licensee.
Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
to June 23, 1969, at a tolerance of 0.05 percent may continue to be
used until February 1, 1976 provided it does not cause interference to
the operation of any other licensee.
\2\ Beginning November 1, 1991, equipment authorized to be operated in
the frequency bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-
2668 MHz, and 2674-2680 MHz for use in the Multipoint Distribution
Service shall maintain a frequency tolerance within +1 KHz of the
assigned frequency.

* * * * *

Sec. 21.106 [Amended]

19. Section 21.106 is amended by removing paragraphs (a)(2)(ii),
(a)(3), and (a)(4) and redesignating paragraph (a)(2)(iii) as paragraph
(a)(2)(ii).
20. Section 21.107 is amended by removing paragraph (c) and
revising paragraph (b) to read as follows:

Sec. 21.107 Transmitter power.

* * * * *
(b) The EIRP of a transmitter station employed in this radio
service shall not exceed the values shown in the following tabulation:

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

Sec. 21.108 [Removed and reserved]

21. Section 21.108 is removed and reserved.
22. Section 21.109 is amended by revising paragraph (b) to read as
follows:

Sec. 21.109 Antenna and antenna structures.

* * * * *
(b) The Commission may require the replacement, at the licensee's
expense, of any antenna system of a permanent fixed station operating
at 2500 MHz or higher upon a showing that said

[[Page 26676]]

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

Sec. 21.114 [Removed and reserved]

23. Section 21.114 is removed and reserved.

Sec. 21.119 [Removed and reserved]

24. Section 21.119 is removed and reserved.
25. Section 21.120 is amended by removing paragraphs (d) and (e),
and revising paragraph (a) to read as follows:

Sec. 21.120 Authorization of transmitters.

(a) Except for transmitters used at developmental stations, each
transmitter shall be a type which has been type accepted by the
Commission for use under the applicable rules of this part.
* * * * *
26. Section 21.122 is amended by revising paragraph (a) and
removing paragraphs (d) and (e), to read as follows:

Sec. 21.122 Microwave digital modulation.

(a) Microwave transmitters employing digital modulation techniques
and operating below 15 GHz shall, with appropriate multiplex equipment,
comply with the following additional requirement: The bit rate, in bits
per second, shall be equal to or greater than the bandwidth specified
by the emission designator in Hertz (e.g., to be acceptable, equipment
transmitting at a 6 Mb/s rate must not require a bandwidth of greater
than 6 MHz), except the bandwidth used to calculate the minimum rate
shall not include any authorized guard band.
* * * * *

Secs. 21.212-21.214 [Removed]

27. Sections 21.212 through 21.214 are removed.
28. Section 21.303 is amended by revising paragraphs (a), (b), (c)
and (d)(1) to read as follows:

Sec. 21.303 Discontinuance, reduction or impairment of service.

(a) If the public communication service provided by a station
subject to this rule part is involuntarily discontinued, reduced or
impaired for a period exceeding 48 hours, the station licensee shall
promptly give notification thereof in writing to the Mass Media Bureau
at Washington, DC 20554. In every such case, the licensee shall furnish
full particulars as to the reasons for such discontinuance, reduction
or impairment of service, including a statement as to when normal
service is expected to be resumed. When normal service is resumed,
prompt notification thereof shall be given in writing to the Mass Media
Bureau at Washington, DC 20554.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, shall voluntarily discontinue, reduce or
impair public communication service to a community or part of a
community without obtaining prior authorization from the Commission
pursuant to the procedures set forth in part 63 of this chapter or
complying with the requirements set forth at Sec. 21.910. In the event
that permanent discontinuance of service is authorized by the
Commission, the station licensee shall promptly send the station
license for cancellation to the Mass Media Bureau at Washington, DC
20554, except that station licenses need not be surrendered for
cancellation if the discontinuance is a result of a change of status by
a Multipoint Distribution Service licensee from common carrier to non-
common carrier pursuant to Sec. 21.910.
(c) Any station licensee, not subject to title II of the
Communications Act of 1934, as amended, who voluntarily discontinues,
reduces or impairs public communication service to a community or a
part of a community shall give written notification to the Commission
within 7 days thereof. In the event of permanent discontinuance of
service, the station licensee shall promptly send the station license
for cancellation to the Mass Media Bureau at Washington, DC 20554,
except that Multipoint Distribution Service station licenses need not
be surrendered for cancellation if the discontinuance is a result of a
change of status by a Multipoint Distribution Service licensee from
non-common carrier to common carrier.
(d) * * *
(1) Submit for cancellation the station license (or licenses) to
the Commission at Washington, DC 20554.
* * * * *

Secs. 21.500-21.512 (Subpart G) [Removed and reserved]

29. Subpart G of part 21 (21.500 through 21.512) is removed and
reserved.

Secs. 21.700-21.713 (Subpart I) [Removed and reserved]

30. Subpart I of part 21 (21.700 through 21.713) is removed and
reserved.

Secs. 21.800-21.809 (Subpart J) [Removed and reserved]

31. Subpart J of part 21 (21.800 through 21.809) is removed and
reserved.
32. Section 21.901 is amended by revising paragraph (e) to read as
follows:

Sec. 21.901 Frequencies.

* * * * *
(e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz are available for assignment to fixed stations in this
service for a point-to-point return link from a subscriber's location.
Assignments in the 18 GHz band for these return links will be made in
accordance with the provisions of subpart I of part 101 of this
chapter.
* * * * *
33. Section 21.902 is amended by revising paragraph (c)(1)(ii) to
read as follows:

Sec. 21.902 Frequency interference.

* * * * *
(c) * * *
(1) * * *
(ii) if the great circle path between the applicant's proposed
transmitter and the protected service area of any authorized, or
previously-proposed, cochannel or adjacent-channel station(s) is within
241.4 kilometers or less and 90 percent or more of the path is over
water or within 16.1 kilometers of the coast or shoreline of the
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great
Lakes, or any bay associated with any of the above (see Secs. 21.901(a)
and 74.902 of this chapter);
* * * * *
34. Section 21.903 is amended by revising paragraph (a) to read as
follows:

Sec. 21.903 Purpose and permissible service.

(a) Multipoint Distribution Service stations are generally intended
to provide one-way radio transmission (usually in an omnidirectional
pattern) from a stationary transmitter to multiple receiving facilities
located at fixed points. When service is provided on a common carrier
basis, subscriber supplied information is transmitted to points
designated by the subscriber. When service is provided on a non-common
carrier basis, transmissions may include information originated by
persons other than the licensee, licensee- manipulated information
supplied by other persons, or information originated by the licensee.
Point-to-point radio return links from a subscriber's location to a MDS
operator's facilities may be authorized in the 18,580 through 18,820
MHz and 18,920 through 19,160 MHz bands. Rules governing such operation
are contained in subpart I of part 101 of this chapter, the Point-to-
Point Microwave Radio Service.
* * * * *

[[Page 26677]]

PART 94--[REMOVED AND RESERVED]

35. Part 94 is removed and reserved.
36. Part 101 is added to read as follows:

PART 101--FIXED MICROWAVE SERVICES

Subpart A--General

Sec.
101.1 Scope and authority.
101.3 Definitions.

Subpart B--Applications and Licenses

General Filing Requirements

101.4 Transition plan.
101.5 Station authorization required.
101.7 Eligibility for station license.
101.9 Formal and informal applications.
101.11 Filing of applications, fees, and number of copies.
101.13 Application forms and requirements for private operational
fixed stations.
101.15 Application forms for common carrier fixed stations.
101.17 [Reserved]
101.19 General application requirements.
101.21 Technical content of applications.
101.23 Waiver of rules.
101.25 Inconsistent or conflicting applications.
101.27 Repetitious applications.
101.29 Amendment of pending applications.
101.31 Special temporary, temporary, and conditional
authorizations.
101.33 Who may sign applications.

Processing of Applications

101.35 Preliminary processing of applications.
101.37 Public notice period.
101.39 Dismissal and return of applications.
101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.
101.43 Opposition to applications.
101.45 Mutually exclusive applications.
101.47 Consideration of applications.
101.49 Grants by random selection.
101.51 Comparative evaluation of mutually exclusive applications.

License Transfers, Modifications, Conditions and Forfeitures

101.53 Assignment or transfer of station authorization.
101.55 Considerations involving transfer or assignment
applications.
101.57 Modification of station license.
101.59 Processing of applications for facility minor modifications.
101.61 Certain modifications not requiring prior authorization.
101.63 Period of construction; certification of completion of
construction.
101.65 Forfeiture and termination of station authorizations.
101.67 License period.
101.69 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from the
Common Carrier Fixed Point-to-Point Microwave Services and the 1.85-
1.99, 2.13-2.15, and 2.18-2.20 GHz bands from the Private
Operational Fixed Point-to-Point Microwave Service to emerging
technologies.

Subpart C--Technical Standards

101.101 Frequency availability.
101.103 Frequency coordination procedures.
101.105 Interference protection criteria.
101.107 Frequency tolerance.
101.109 Bandwidth.
101.111 Emission limitations.
101.113 Transmitter power limitations.
101.115 Directional antennas.
101.117 Antenna polarization.
101.119 Simultaneous use of common antenna structures.
101.121 Marking of antenna structures.
101.123 Quiet zones.
101.125 Temporary fixed antenna height restrictions.
101.127 Topographical data.
101.129 Transmitter location.
101.131 Transmitter construction and installation.
101.133 Limitations on use of transmitters.
101.135 Shared use of radio stations and the offering of private
carrier service.
101.137 Interconnection of private operational fixed point-to-point
microwave stations.
101.139 Authorization of transmitters.
101.141 Microwave modulation.
101.143 Minimum path length requirements.
101.145 Interference to geostationary-satellites.
101.147 Frequency assignments.
101.149 Special requirements for operation in the band 38,600-
40,000 MHz.

Subpart D--Technical Operation

101.201 Station inspection.
101.203 Communications concerning safety of life and property.
101.205 Operation during emergency.
101.207 Suspension of transmission.
101.209 Operation of stations at temporary fixed locations for
communication between the United States and Canada or Mexico.
101.211 Operator requirements.
101.213 Station identification.
101.215 Posting of station authorization and transmitter
identification cards, plates, or signs.
101.217 Station records.

Subpart E--Miscellaneous Common Carrier Provisions

101.301 National defense; free service.
101.303 Answers to notices of violation.
101.305 Discontinuance, reduction or impairment of service.
101.307 Tariffs, reports, and other material required to be
submitted to the Commission.
101.309 Requirement that licensees respond to official
communications.
101.311 Equal employment opportunities.

Subpart F--Developmental Authorizations

101.401 Eligibility.
101.403 Scope of service.
101.405 Adherence to program of research and development.
101.407 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of
the rules in this part.
101.409 Terms of grant; general limitations.
101.411 Supplementary showing required.
101.413 Developmental report required.

Subpart G--Digital Electronic Message Service

101.501 Eligibility.
101.503 Digital Electronic Message Service Nodal Stations.
101.505 Frequencies.
101.507 Frequency stability.
101.509 Interference protection criteria.
101.511 Purpose and permissible service.
101.513 Transmitter power.
101.515 Emissions and bandwidth.
101.517 Antennas.
101.519 Interconnection.
101.521 Spectrum utilization.

Subpart H--Private Operational Fixed Point-to-Point Microwave Service

101.601 Eligibility.
101.603 Permissible communications.

Subpart I--Common Carrier Fixed Point-to-Point Microwave Service

101.701 Eligibility.
101.703 Permissible communications.
101.705 Renewal of station licenses.

Subpart J--Local Television Transmission Service

101.801 Eligibility.
101.803 Frequencies.
101.805 Assignment of frequencies to mobile stations.
101.807 Transmitter power.
101.809 Bandwidth and emission limitations.
101.811 Modulation requirements.
101.813 Remote control operation of mobile television pickup
stations.
101.815 Stations at temporary fixed locations.
101.817 Notification of station operation at temporary locations.
101.819 Stations affected by coordination contour procedures.

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

Subpart A--General

Sec. 101.1 Scope and authority.

(a) The purpose of the rules in this part is to prescribe the
manner in which portions of the radio spectrum may be made available
for private operational and common carrier fixed microwave operations
that require transmitting facilities on land or in specified offshore
coastal areas within the continental shelf.
(b) The rules in this part are issued pursuant to the authority
contained in

[[Page 26678]]

Titles I through III of the Communications Act of 1934, as amended,
which vest authority in the Federal Communications Commission to
regulate common carriers of interstate and foreign communications, to
regulate radio transmissions and issue licenses for radio stations, and
to regulate all interstate and foreign communications by wire and radio
necessary to the accomplishment of the purposes of the Act.

Sec. 101.3 Definitions.

As used in this part.
Antenna power gain. The ratio of the maximum radiation intensity to
that of an isotropic (omnidirectional) radiator in the far field of its
main (forward direction) lobe.
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structure. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The center of the frequency band assigned to a
station.
Assigned frequency bandwidth. The frequency band within which the
emission of a station is authorized; the width of the band equals the
necessary bandwidth plus twice the absolute value of the frequency
tolerance.
Authorized bandwidth. The maximum bandwidth authorized to be used
by a station as specified in the station license. (See Sec. 2.202 of
this chapter)
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Automatic Transmitter Power Control (ATPC). ATPC is a feature of a
digital microwave radio system that adjusts the transmitter output
power. ATPC allows the transmitter to operate at less than maximum
power for most of the time. In a radio employing ATPC, the transmit
power is reduced during normal operation conditions. When the receiver
detects a reduction in signal level, a control signal is sent to the
far end transmitter, instructing it to increase the power output to
compensate for the signal reduction. The power output is limited to the
licensed (maximum) transmit power. Guidelines for use of ATPC are set
forth in the TIA Telecommunications Systems Bulletin TSB 10,
``Interference Criteria for Microwave Systems (TSB 10).''
Bandwidth occupied by an emission. The band of frequencies
comprising 99 percent of the total radiated power extended to include
any discrete frequency on which the power is at least 0.25 percent of
the total radiated power.
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Central office. A landline termination center used for switching
and interconnection of public message communication circuits.
Common carrier fixed point-to-point microwave service. A common
carrier public radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. An operating position at which an operator
responsible for the operation of the transmitter is stationed and which
is under the control and supervision of the licensee.
Control station. A fixed station, the transmissions of which are
used to control automatically the emissions or operations of a radio
station, or a remote base station transmitter.
Coordination area. The area associated with a station outside of
which another station sharing the same or adjacent frequency band
neither causes nor is subject to interfering emissions greater than a
permissible level.
Coordination contour. The line enclosing the coordination area.
Coordination distance. The distance on a given azimuth from a
station beyond which another station neither causes nor is subject to
interfering emissions greater than a permissible level.
Digital Electronic Message Nodal Station. A fixed point-to-
multipoint radio station in a Digital Electronic Message Service
providing two-way communication with Digital Electronic Message User
Stations.
Digital Electronic Message Service. A two-way end-to-end fixed
radio service utilizing digital termination systems for the exchange of
digital information. This service may also make use of point-to-point
microwave facilities, satellite facilities or other communications
media to interconnect digital termination systems to comprise a
network.
Digital Electronic Message User Station. Any one of the fixed
microwave radio stations located at users' premises, lying within the
coverage area of a Digital Electronic Message Nodal Station, and
providing two-way digital communications with the Digital Electronic
Message Nodal Station.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g., one
consisting of coded pulses or states.
Drop point. A term used in the point-to-point microwave radio
service to designate a terminal point where service is rendered to a
subscriber.
Earth station. A station located either on the Earth's surface or
within the major portion of Earth's atmosphere and intended for
communication:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna.
Exchange. A unit of a communication company or companies for the
administration of communication service in a specified area, which
usually embraces a city, town, or village and its environs, and
consisting of one or more central offices, together with the associated
plant, used in furnishing communication service in that area.
Exchange area. The geographic area included within the boundaries
of an exchange.
Fixed satellite earth station. An earth station intended to be used
at a specified fixed point.

[[Page 26679]]

Fixed relay station. A fixed station associated with one or more
stations, established to receive radio signals directed to it and to
retransmit them automatically on a fixed service frequency.
Fixed Service. A radio communications service between specified
fixed points.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
center frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency.

Note: The frequency tolerance is expressed as a percentage or in
Hertzs.

General communication. Two-way voice communication, through a base
station, between:
(1) A common carrier land mobile or airborne station and a landline
telephone station connected to a public message landline telephone
system;
(2) Two common carrier land mobile stations;
(3) Two common carrier airborne stations;
(4) A common carrier land mobile station and a common carrier
airborne station.
Harmful interference. Interference that endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs or repeatedly interrupts a radiocommunication
service operating in accordance with these regulations.
Internodal link. A point-to-point communications link used to
provide communications between nodal stations or to interconnect nodal
stations to other communications media.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Local Television Transmission Service. A public radio communication
service for the transmission of television material and related
communications.
Long haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths exceeds 402
kilometers.
Master station. A station in a multiple address radio system that
controls, activates or interrogates four or more remote stations.
Master stations performing such functions may also receive
transmissions from remote stations.
Message center. The point at which messages from members of the
public are accepted by the carrier for transmission to the addressee.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Microwave link. A link is defined as a simplex communications
circuit between two points utilizing a single frequency/polarization
assignment. A duplex communications circuit would require two links,
one link in each direction.
Miscellaneous common carriers. Communications common carriers that
are not engaged in the business of providing either a public landline
message telephone service or public message telegraph service.
Mobile earth station. An earth station intended to be used while in
motion or during halts at unspecified points.
Mobile Service. A radio communication service between mobile and
land stations or between mobile stations.
Mobile station. A station in the mobile service intended to be used
while in motion or during halts at unspecified points.
Multiple address system (MAS). A point-to-multipoint radio
communications system, either one-way or two-way, utilizing frequencies
in accordance with Sec. 101.147 and serving a minimum of four unique
remote stations. Each master station must serve at least its own four
remotes. The remote stations must be scattered over the service area in
such a way that two or more point-to-point systems would be needed to
serve those remotes.
National Spatial Reference System. The National Spatial Reference
System (NSRS) is the name given to all Geodetic Control information
contained in the National Geodetic Survey (NGS) Data Base. This
includes: A, B, First, Second, and Third Order horizontal and vertical
control observed by NGS as well as data submitted by other agencies
(i.e., USGS, BLM, States, Counties, Cities, and private surveying
organizations).
Necessary bandwidth. For a given class of emission, the width of
the frequency band that is just sufficient to ensure the transmission
of information at the rate and with the quality required under
specified conditions. The necessary bandwidth may be calculated using
the formulas in Sec. 2.202 of this chapter.
Nodal station. The central or controlling station in a radio system
operating on point-to-multipoint frequencies in the 2.5, 10.6, or 18
GHz bands.
Occupied bandwidth. The width of a frequency bandwidth such that,
below the lower and above the upper frequency limits, the mean powers
emitted are each equal to a specified percentage, B/2 of the total mean
power of a given emission. Unless otherwise specified by the CCIR for
the appropriate class of emission, the value of B/2 should be taken as
0.5%.

Note: The percentage of the total power outside the occupied
bandwidth is represented by B.

Operational fixed station. A private fixed station not open to
public correspondence.
Passive repeater. A re-radiation device associated with a
transmitting/receiving antenna system that re-directs intercepted
radiofrequency energy. For example, it may consist of reflector(s) or
back-to-back parabolic or horn antennas.
Path length. The total distance of a path from the transmit to the
receive antenna, inclusive of all passive repeaters, if any.
Periscope antenna system. An antenna system which involves the use
of a passive reflector to deflect radiation from or to a directional
transmitting or receiving antenna which is oriented vertically or near
vertically.
Prior coordination. A bilateral process conducted prior to filing
applications which includes the distribution of the technical
parameters of a proposed radio system to potentially affected parties
for their evaluation and timely response.
Private carrier. An entity licensed in the private service and
authorized to provide communications service to other private service
eligibles on a commercial basis.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Private operational fixed point-to-point microwave service. A
private line radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Public correspondence. Any telecommunication which the offices and
stations must, by reason of their being at the disposal of the public,
accept for transmission.
Public message service. A service whereby facilities are offered to
the

[[Page 26680]]

public for communication between all points served by a carrier or by
interconnected carriers on a non-exclusive message by message basis,
contemplating a separate connection for each occasion of use.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The maximum radio frequency power output
capability (peak or average power) of a transmitter, under optimum
conditions of adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the centre of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Remote station. A fixed station in a multiple address radio system
that transmits one-way to one or more central receive sites, controls a
master station, or is controlled, activated or interrogated by, and may
respond to, a master station.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more mobile
stations and directed to a specified location; for public mobile radio
operations, a fixed station that automatically retransmits the mobile
communications and/or transmitter information about the base station,
along a fixed point-to-point link between the base station and the
central station.
Short haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths does not exceed
402 kilometers.
Signaling communication. One-way communications from a base station
to a mobile or fixed receiver, or to multi-point mobile or fixed
receivers by audible or subaudible means, for the purpose of actuating
a signaling device in the receiver(s) or communicating information to
the receiver(s), whether or not the information is to be retained in
record form.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Telegraphy. A form of telecommunication which is concerned in any
process providing transmission and reproduction at a distance of
documentary matter, such as written or printed matter or fixed images,
or the reproduction at a distance of any kind of information in such a
form. Unless otherwise specified, telegraphy means a form of
telecommunication for the transmission of written matter by the use of
signal code.
Telemetering. The use of telecommunication for automatic indicating
or recording measurements at a distance from the measuring instrument.
Telephony. A form of telecommunication set up for the transmission
of speech, or in some cases, other sounds.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Temporary fixed station. A station established in a non-permanent
mode (temporary) at a specified location for a short period of time,
ranging up to one year. Temporary-fixed operations are itinerant in
nature, and are not to be confused with mobile-type operations.
Video entertainment material. The transmission of a video signal
(e.g. United States Standard Monochrome or National Television Systems
Committee 525-line television) and an associated audio signal which is
designed primarily to amuse or entertain, such as movies and games.

Subpart B--Applications and Licenses

General Filing Requirements

Sec. 101.4 Transition plan.

(a) All systems subject to parts 21 and 94 of this chapter in
effect as of July 31, 1996, which are licensed or which are proposed in
an application on file, as of July 31, 1996, are subject to the
requirements under part 21 or part 94 of this chapter as contained in
the CFR edition revised as of October 1, 1995 and amended in the
Federal Register through July 31, 1996, as applicable.
(b) For purposes of this section, a ``system'' shall include:
(1) The originally licensed system;
(2) Any modification to the original system involving a change in
antenna azimuth, antenna beam width, channel loading, emission, station
location, antenna height, authorized power, or authorized frequencies;
(3) Additional links constructed to complete an integrated
communications network; or
(4) Operationally connecting new facilities and/or frequencies.
(c) All radio frequency devices authorized pursuant to part 2 of
this chapter as being in compliance with applicable part 21 or part 94
of this chapter in effect as of July 31, 1996, requirements can be used
indefinitely with systems licensed under this part 101.

Sec. 101.5 Station authorization required.

(a) No radio transmitter shall be operated in this service except
under and in accordance with a proper station authorization granted by
the Federal Communications Commission. Except as provided in paragraph
(d) of this section, no construction, modification or operation of a
station may be commenced without an authorization from the Commission.
(b) A separate application form must be filed for each Digital
Electronic Message Service Nodal Station. No license is required for a
Digital Electronic Message User Station. Authority for a Digital
Electronic Message Nodal Station licensee to serve a specific number of
user stations to be licensed in the name of the carrier must be
requested on FCC Form 494 filed for the Digital Electronic Message
Nodal Station.
(c) If construction and or operation may have a significant
environmental impact as defined by Sec. 1.1307 of this chapter, the
requisite environmental assessment as prescribed in Sec. 1.1311 of this
chapter must be filed with the application and Commission environmental
review must be completed before construction of the station is
initiated. See Sec. 1.1312 of this chapter.
(d) For stations authorized under subpart H (Private Operational
Fixed Point-to-Point Microwave Service) and subpart I (Common Carrier
Fixed Point-to-Point Microwave Service), construction of new or
modified stations may be initiated prior to grant of an authorization.
As a condition to commencing construction under this paragraph (d), the
Commission may, at any time and without hearing or notice, prohibit
such construction for any

[[Page 26681]]

reason. Any construction conducted hereunder is at the applicant's sole
risk.

Sec. 101.7 Eligibility for station license.

(a) A station license may not be granted to or held by a foreign
government or by a representative of a foreign government.
(b) In the Common Carrier service, a station license may not be
granted or held by:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which any officer or director is an alien;
(4) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by: Aliens or their representatives;
a foreign government or representatives thereof; or any corporation
organized under the laws of a foreign country;
(5) Any corporation directly or indirectly controlled by any other
corporation of which any officer or more than one-fourth of the
directors are aliens, if the Commission finds that the public interest
will be served by the refusal or revocation of such license; or
(6) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens or their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign government, if the Commission finds that
the public interest will be served by the refusal or revocation of such
license.

Sec. 101.9 Formal and informal applications.

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

Sec. 101.11 Filing of applications, fees, and number of copies.

(a) Part 1 of this chapter contains information on application
filing procedures and requirements for all services authorized under
this part. All filings must include the original application plus one
copy.
(b) Applications or filings requiring fees as set forth at part 1,
subpart G of this chapter must be filed in accordance with
Sec. 0.401(b) of this chapter. Applications or filings not requiring
fees must be submitted to: Federal Communications Commission, Common
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, PA 17325.
(c) All correspondence or amendments concerning a submitted
application must clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved.
(d) Except as otherwise specified, all applications, amendments,
and correspondence must be signed as prescribed by part 1 of this
chapter.

Sec. 101.13 Application forms and requirements for private operational
fixed stations.

(a) A separate application must be submitted on FCC Form 402 for
the following:
(1) New station authorization for private operational fixed
microwave station;
(2) New authorization to operate one or more fixed stations at
temporary locations in this service;
(3) Modification of station license;
(4) New station authorization or modification of license for each
master station of a system consisting of a master station and its
associated remote stations;
(5) The Commission's consent to the complete or partial assignment
of an authorization to another person or entity, or the transfer of
control of an entity holding an authorization. In addition, the
application must be accompanied by a signed letter from proposed
assignor/transferor stating the desire to assign all or part of its
right, title, and interest in and to such authorization, or to transfer
control over the entity holding the authorization, stating the call
sign and location of the station, and that, if applicable, the assignor
will submit its current station authorization for cancellation upon
completion of the assignment. Form 1046 may be used in lieu of this
letter. Licensees who fail to consummate must modify their licenses to
conform them to their initial state within 30 days of a failure to
consummate; or
(6) Amendment of any application.
(b) An application for authority to operate a fixed station at
temporary locations must specify the precise geographic area within
which the operation will be confined. The area specified must be
defined as a radius of operation about a given state or states,
latitude/longitude, or as a rectangular area bounded by upper and lower
lines of latitude and longitude. Exception to this specific requirement
may be made for exceptionally large areas, such as the continental
United States. Sufficient data must be submitted to show the need for
the proposed area of operation. If an operational-fixed station is
authorized to be operated at temporary locations and actually remains,
or is to remain, at the same location for a period of over a year,
application for a permanent authorization specifying the fixed location
must be made as soon as possible but not later than 30 days after the
expiration of the one-year period.
(c) A separate Form 402 for point-to-multipoint frequencies in the
10.6 GHz and 18 GHz bands must be filed for each Nodal Station except
for operations consistent with Sec. 101.147. Each Nodal Station
application must specify the service area that will be served by the
station in terms of a distance radius or other geographical
specification, and, if applicable, the Standard Metropolitan
Statistical Area (SMSA) being served.
(d) Application for renewal of station licenses must be submitted
on such form as the Commission may designate by public notice.
Applications for renewal must be made during the license term and
should be filed within 90 days, but not later than 30 days, prior to
the end of the license term. When a licensee submits a timely
application for renewal of a station license, the existing license for
that station will continue as a valid authorization until the
Commission has made a final decision on the application. Whenever a
group of station licenses in the same radio service are to be renewed
simultaneously, a single ``blanket'' application may be filed to cover
the

[[Page 26682]]

entire group if the application identifies each station by call sign
and station location. Applicants should note also any special renewal
requirements under the rules for such radio station(s).
(e) A separate application must be filed for each fixed master
station in a Multiple Address System (MAS). Applications may include
any number of remote stations in a single application, but must specify
the geographic service area in which these remote stations will be
located. Applications for mobile operations or for systems employing
only remote stations must designate a reference point (set of
coordinates) at or near the center of the area being served.
(f) Cancellation of a license can be made by letter.

Sec. 101.15 Application forms for common carrier fixed stations.

(a) New or modified facilities. FCC Form 494 must be submitted and
a license granted for each station. FCC Form 494 also must be submitted
to amend any license application, to modify any license pursuant to
Secs. 101.57(a) and 101.59, and to notify the Commission of
modifications made pursuant to Sec. 101.61. Cancellation of a license
can be made by letter.
(b) Additional time to construct. FCC Form 701 (``Application for
Additional Time to Construct Radio Station'') must be filed prior to
the expiration of the time for construction noted in a conditional
license to modify the license by extending the period of construction.
(c) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed by the licensee between thirty (30)
and sixty (60) days prior to the expiration date of the license sought
to be renewed. Whenever a group of station licenses in the same radio
service are to be renewed simultaneously, a single ``blanket''
application may be filed to cover the entire group if the application
identifies each station by call sign and station location. Applicants
should note also any special renewal requirements under the rules for
each radio service. When a licensees submits a timely application for
renewal of a station license, the existing license continues in effect
until the Commission has rendered a decision on the renewal
application.
(d) Assignment of license. FCC Form 702 (``Application for Consent
to Assignment of Radio Station Construction Authorization or License
for Stations in Services Other than Broadcast'') must be submitted to
assign voluntarily (as by, for example, contract or other agreement) or
involuntarily (as by, for example, death, bankruptcy, or legal
disability) the station authorization. In the case of involuntary
assignment (or transfer of control) the application must be filed
within 10 days of the event causing the assignment (or transfer of
control). FCC Form 702 must also be used for non-substantial (pro
forma) assignments. Whenever a group of station licenses in the same
radio services are to be assigned to a single assignee, a single
``blanket'' application may be filed to cover the entire group, if the
application identifies each station by call sign and station location.
Licensees who fail to consummate must modify their licenses to conform
them to their initial state within 30 days of a failure to consummate.
(e) Partial assignment of license. Authorization for assignment
from one company to another of only a part or portions of the
facilities (transmitters) authorized under an existing license (as
distinguished from an assignment of the facilities in their entirety)
may be granted upon application:
(1) By the assignor on FCC Form 494 for deletion of the assigned
facilities (no fee required); and
(2) By the assignee on FCC Form 494 with a request for
recertification in the name of the assignee for frequencies eliminated
from assignor's license (fee required). In the event that consummation
does not occur, FCC Form 494 must be submitted to return the assignor's
license to its original condition.
(f) Transfer of control of corporation holding a conditional
license or license. FCC Form 704 (``Application for Consent to Transfer
of Control'') must be submitted in order to voluntarily or
involuntarily transfer control (de jure or de facto) of a corporation
holding any conditional licenses or licenses. FCC Form 704 must also be
used for non-substantial (pro forma) transfers of control. Licensees
who fail to consummate must modify their licenses to conform them to
their initial state within 30 days of a failure to consummate.

Sec. 101.17 [Reserved]

Sec. 101.19 General application requirements.

(a) Each application for a license or for consent to assignment or
transfer of control must:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identity and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) Demonstrate the applicant's legal, technical, and other
qualifications to be a licensee;
(3) Submit the information required by the Commission's rules,
requests, and application forms;
(4) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(5) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by Secs. 101.103(d), 101.701, and of this part,
etc.).
(b) In addition to the general application requirements of
Secs. 101.19 and 101.21, applicants must submit any additional
documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's
rules, and the other subparts of this part (particularly Subpart C and
those subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
(c) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of this chapter. If
answered affirmatively, an Environmental Assessment as described by
Sec. 1.1311 of this chapter, need not be filed with the application.

Sec. 101.21 Technical content of applications.

Applications must contain all technical information required by the
application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F, G, I, and J, as appropriate). The
following paragraphs describe a number of technical requirements.
(a) Each application proposing a new or modified antenna structure
for a station (including a receive-only or passive repeater) must
indicate whether the owner has registered the structure with the
Commission. Complete information as to rules concerning the
registration, construction, marking and lighting of antenna structures
is

[[Page 26683]]

contained in part 17 of this chapter. See also Sec. 101.121 if the
structure is used by more than one station.
(b) Each application for construction permit for a developmental
authorization must be accompanied by pertinent supplemental information
as required by Sec. 101.411 in addition to such information as may be
specifically required by this section.
(c) An applicant proposing construction of one or more new stations
or modification of existing stations must submit the location and
telephone number (if known) of the maintenance center for a fixed
microwave system. In lieu of providing the location and telephone
number of the maintenance center(s) on a case by case basis, a licensee
may file a complete list for all operational stations with the
Commission and the Engineer-In-Charge of the appropriate radio district
on an annual basis or at more frequent intervals as necessary to keep
the information current.
(d) Each application in the Private Operational Fixed Point-to-
Point Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, and Digital Electronic Message Services
(excluding user stations) proposing a new or replacement antenna
(excluding omnidirectional antennas) must include an antenna radiation
pattern showing the antenna power gain distribution in the horizontal
plane expressed in decibels, unless such pattern is known to be on file
with the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on
file with the Commission.
(e) Each application in the Private Operational Fixed Point-to-
Point Microwave Service and the Common Carrier Fixed Point-to-Point
Microwave Service must include the following information:

Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power,
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and
ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.

Note: The position location of antenna sites shall be determined
to an accuracy of no less than 1 second in the
horizontal dimensions (latitude and longitude) and 1
meter in the vertical dimension (ground elevation) with respect to
the National Spacial Reference System.

(f) All applicants for regular authorization must, before filing an
application, amendments to a pending application, or modifications to a
license, prior coordinate the proposed frequency usage with existing
users in the area and other applicants with previously filed
applications in accordance with the procedures in Sec. 101.103. In
those frequency bands shared with the communication-satellite service,
an applicant for a new station, for new points of communication, for
the initial frequency assignment in a shared band for which
coordination has not been previously effected, or for authority to
modify the emission or radiation characteristics of an existing station
in a manner that may increase the likelihood of harmful interference,
must ascertain in advance whether the station(s) involved lie within
the great circle coordination distance contours of an existing Earth
station or one for which an application has been accepted for filing,
and must coordinate his proposal with each such Earth station operator
or applicant. For each potential interference path, the applicant must
perform the computations required to determine that the expected level
of interference to or from the terrestrial station does not exceed the
maximum permissible interference power level in accordance with the
technical standards and requirements of Secs. 25.251-25.256 of this
chapter. The Commission may, in the course of examining any
application, require the submission of additional showings, complete
with pertinent data and calculations in accordance with part 25 of this
chapter, showing that harmful interference will not likely result from
the proposed operation. (Technical characteristics of the Earth
stations on file and coordination contour maps for those Earth stations
will be kept on file for public inspection in the offices of the
Commission's International Bureau in Washington, DC)

Sec. 101.23 Waiver of rules.

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

Sec. 101.25 Inconsistent or conflicting applications.

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

Sec. 101.27 Repetitious applications.

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

Sec. 101.29 Amendment of pending applications.

(a) Any pending application may be amended as a matter of right if
the

[[Page 26684]]

application has not been designated for hearing, or for comparative
evaluation pursuant to Sec. 101.51, or for the random selection
process, provided, however, that the amendments must comply with the
provisions of Sec. 101.41 as appropriate.
(b) Requests to amend an application designated for hearing or for
comparative evaluation, or tentatively selected by the random selection
process may be granted only if a written petition demonstrating good
cause is submitted and properly served upon the parties of record.
(c) The Commission will classify amendments on a case-by-case
basis. Whenever previous amendments have been filed, the most recent
amendment will be classified by reference to how the information in
question stood as of the latest Public Notice issued which concerned
the application. An amendment will be deemed to be a major amendment
subject to Sec. 101.37 and Sec. 101.45 under any of the following
circumstances:
(1) If the amendment results in a substantial modification of the
engineering proposal such as (but not necessarily limited to):
(i) A change in, or an addition of a radio frequency channel;
(ii) A change in polarization of the transmitted signal;
(iii) An increase in the equivalent isotropically radiated power of
three (3) dB or more;
(iv) A change in type of transmitter emission or an increase in
emission bandwidth of more than ten (10) percent;
(v) A change in the geographic coordinates of a station's
transmitting antenna of more than five (5) seconds of latitude or
longitude, or both;
(vi) A change of more than one (1) degree in the azimuth of the
center of the main lobe of radiation of a point-to-point station's
transmitting antenna (including any deflections by repeating devices);
(vii) Any change which increases the antenna center line height by
3.0 meters (ten (10) feet) or more;
(viii) Any changes or combination of changes which would cause
harmful electrical interference to an authorized facility or result in
a mutually exclusive conflict with another pending application; or
(ix) Any technical change that would increase the effective
radiated power in any direction by more than one and one-half (1.5) dB
in the Digital Electronic Message Service.
(2) If the amendment would convert a proposal, such that it may
have a significant impact upon the environment under Sec. 1.1307 of
this chapter, which would require the submission of an environmental
assessment, see Sec. 1.1311 of this chapter, and Commission
environmental review, see Secs. 1.1308 and 1.1312 of this chapter.
(3) If the amendment results in a substantial and material
alteration of the proposed service.
(4) If the amendment specifies a substantial change in beneficial
ownership or control (de jure or de facto) of an applicant such that
the change would require, in the case of an authorized station, the
filing of a prior assignment or transfer of control application under
section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d)).
Such a change would not be considered major where the assignment or
transfer of control is for legitimate business purposes other than the
acquisition of applications.
(5) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to
section 309 of the Communications Act of 1934.
(d) A pending application may be amended by a major amendment to
reflect the relocation of a proposed station site and a new application
will not be required if:
(1) The geographic coordinates of the new station site are within
32.2 kilometers of the coordinates of the original site; and
(2) The relocated station would serve essentially the same purpose
in the system as originally proposed.
(e) The applicant must serve copies of any amendments or other
written communications upon the following parties:
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 101.509;
(2) Any applicant whose application has been found by the
Commission, as published in a public notice, to be mutually exclusive
with the application being amended; and
(3) Any party who has filed a petition to deny the application or
other formal objection, when that petition or formal objection has not
been resolved by the Commission.
(f) The Commission may waive the service requirements of paragraph
(e) of this section and prescribe such alternative procedures as may be
appropriate under the circumstances to protect petitioners' interests
and to avoid undue delay in a proceeding, if an applicant submits a
request for waiver which demonstrates that the service requirement is
unreasonably burdensome. Requests for waiver must be served on
petitioners. Oppositions to the petition may be filed within five (5)
days after the petition is filed and must be served on the applicant.
Replies to oppositions will not be entertained.
(g) Any amendment to an application must be signed and must be
submitted in the same manner, and with the same number of copies, as
was the original application. Amendments may be made in letter form if
they comply in all other respects with the requirements of this
chapter.

Sec. 101.31 Special temporary, temporary, and conditional
authorizations.

(a) Special temporary authorization. (1) In circumstances requiring
immediate or temporary use of facilities, licensees subject to this
part may request special temporary authority to install and/or operate
new or modified equipment. Any such request may be submitted as an
informal application in the manner set forth in Sec. 101.9 and must
contain full particulars as to the proposed operation including all
facts sufficient to justify the temporary authority sought and the
public interest therein. No such request will be considered unless the
request is received by the Commission at least 10 days prior to the
date of proposed construction or operation or, where an extension is
sought, expiration date of the existing temporary authorization.
(2) Special temporary authorization may be granted upon written
request in the following circumstances:
(i) In emergency situations;
(ii) To permit restoration or relocation of existing facilities to
continue communication service;
(iii) To conduct tests to determine necessary data for the
preparation of an application for regular authorization;
(iv) For a temporary, non-recurring service where a regular
authorization is not appropriate;
(v) In other situations involving circumstances which are of such
extraordinary nature that delay in the institution of temporary
operation would seriously prejudice the public interest.
(3) The Commission may grant requests for special temporary
authority without issuing the public notice provided for in Sec. 101.37
for periods not exceeding 180 days, if there are extraordinary
circumstances supporting the request and where delay in commencing
temporary operation would seriously prejudice the public interest.
Requests for special temporary authorization not involving
extraordinary circumstances may be

[[Page 26685]]

granted without public notice for a period of 30 days where an
application for regular operation is not contemplated or for 60 days
pending or after the filing of an application for regular operation.
Requests for special temporary authority are issued on a strictly
secondary, non-interfering basis, and do not in any way affect the
final disposition of any application or action pending before the
Commission.
(4) Extension of a special temporary authorization for a period of
180 days may be granted, but the renewing applicant bears a heavy
burden to show that extraordinary circumstances warrant such an
extension.
(5) Request for special temporary authorization must contain the
following information:
(i) Name, address, and citizenship status of the applicant;
(ii) Need for special action, including a description of any
emergency or damage to equipment;
(iii) Type of operation to be conducted;
(iv) Purpose of operation;
(v) Time and date of operation desired;
(vi) Class of station and nature of service;
(vii) Location of station and points with which station will
communicate;
(viii) Equipment to be used, specifying manufacturer, model number,
and number of units;
(ix) Frequency(s) desired;
(x) Azimuth and beamwidth of major lobe of transmitting antenna and
ERP;
(xi) Type of emission;
(xii) Description of antenna to be used, including height; and
(xiii) Certification that prior coordination is complete.
(6) In cases of emergency found by the Commission, involving danger
to life or property or due to damage of equipment, or during a national
emergency proclaimed by the President or declared by the Congress or
during the continuance of any war in which the United States is engaged
and when such action is necessary for the national defense or safety or
otherwise in furtherance of the war effort, or in cases of emergency
where the Commission finds that it would not be feasible to secure
renewal applications from existing licensees or otherwise to follow
normal licensing procedure, the Commission will grant construction
permits and station licenses, or modifications or renewals thereof,
during the emergency found by the Commission or during the continuance
of any such national emergency or war, as special temporary licenses,
only for the period of emergency or war, requiring such action, without
the filing of formal applications.
(b) Temporary authorizations. (1) Authorizations may be issued upon
proper application for rendition of temporary service to subscribers
under the following conditions:
(i) When a fixed station, authorized to operate at temporary
locations, is to remain at a single location for more than 6 months, an
application (FCC Form 402 or 494, as appropriate) for a station
authorization designating that single location as the permanent
location shall be filed at least 90 days prior to the expiration of the
6-month period;
(ii) The station shall be used only for rendition of communication
service at a remote point where the provision of wire facilities is not
practicable within the required time frame; and
(iii) The antenna structure height employed at any location shall
not exceed the criteria set forth in Sec. 17.7 of this chapter unless,
in each instance, authorization for use of a specific maximum antenna
structure height for each location has been obtained from the
Commission prior to erection of the antenna. See Sec. 101.125.
(2) Applications for authorizations to operate stations at
temporary locations under the provisions of this section shall be made
upon FCC Form 402 or 494, as appropriate. Blanket applications may be
submitted for the required number of transmitters.
(3) The licensee of stations which are authorized pursuant to the
provisions of paragraph (b) of this section shall notify the Commission
at least five (5) days prior to installation of the facilities,
stating:
(i) The call sign, manufacturer's name, type or model number,
output power and specific location of the transmitter(s);
(ii) The maintenance location for the transmitter;
(iii) The location of the transmitting or receiving station with
which it will communicate and the identity of the correspondent
operating such facilities;
(iv) The exact frequency or frequencies to be used;
(v) The public interest, convenience and necessity to be served by
operation of the proposed installation;
(vi) The commencement and anticipated termination dates of
operation from each location. In the event the actual termination date
differs from the previous notification, written notice thereof promptly
shall be given to the Commission;
(vii) A notification shall include compliance with the provisions
of
Sec. 101.21(e) when operations are to be conducted in the area of
other terrestrial microwave stations and with the provisions of
Sec. 101.21(e) when operations are to be conducted within the
coordination distance contours of a fixed earth station; and
(viii) Where the notification contemplates initially a service
which is to be rendered for a period longer than 90 days, the
notification shall contain a showing as to why application should not
be made for regular authorization.
(4) Less than 5 days advance notice may be given when circumstances
require shorter notice provided such notice is promptly given and the
reasons in support of such shorter notice are stated.
(5) A copy of the notification shall be kept with the station
license.
(c) Prior coordination. Stations authorized under this section may
complete the prior coordination process orally and the period allowed
for response to a coordination notification may be less than 30 days if
the parties agree. The requirements under Sec. 101.103(d)(2)(i) for
written documentation shall apply to such oral notice.
(d) Certification. Any applicant under this section must submit a
certification that neither the applicant nor any party to the applicant
is subject to a denial of Federal benefits pursuant to section 5301 of
the Anti-Drug Abuse Act of 1988, as required by Sec. 1.2002 of this
chapter.
(e) Conditional authorization. (1) An applicant for a new point-to-
point microwave radio station(s) or a modification of an existing
station(s) in the 3,700-4,200; 5,925-6,425; 6,525-6,875; 10,550-10,680;
10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-
13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147
for specific service usage) may operate the proposed station(s) during
the pendency of its applications(s) upon the filing of a properly
completed formal application(s) that complies with subpart B of part
101 if the applicant certifies that the following conditions are
satisfied:
(i) The frequency coordination procedures of Sec. 101.103 have been
successfully completed;
(ii) The antenna structure(s) has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of this chapter; or
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure), if the antenna or tower has not been previously studied

[[Page 26686]]

by the Federal Aviation Administration and cleared by the FCC;
(iii) The grant of the application(s) does not require a waiver of
the Commission's rules:
(iv) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in Sec. 1.1307 of this
chapter;
(v) The station site(s) does not lie within 56.3 kilometers of any
international border or within a radio ``Quiet Zone'' identified in
Sec. 101.123, or if operated on frequencies in the 17,700-19,700 MHz
band, the station site(s) does not lie within the states of Colorado,
Maryland and Virginia and the District of Columbia;
(vi) The filed application(s) does not propose to operate in the
10.6-10.68 GHz band, or in the 21.2-23.6 GHz band with an E.R.P.
greater than 55 dBm pursuant to Sec. 101.147(s); and
(vii) The filed application(s) is consistent with the proposal that
was coordinated pursuant to Sec. 101.103.
(2) Conditional authority ceases immediately if the application(s)
is returned by the Commission because it is not acceptable for filing.
(3) A conditional authorization pursuant to paragraphs (e)(1) and
(e)(2) of this section is evidenced by retaining the original executed
conditional licensing Certification Form with the station records.
Conditional authorization does not prejudice any action the Commission
may take on the subject application(s). Conditional authority is
accepted with the express understanding that such authority may be
modified or cancelled by the Commission at any time without hearing if,
in the Commission's discretion, the need for such action arises. An
applicant operating pursuant to this conditional authority assumes all
risks associated with such operation, the termination or modification
of the conditional authority, or the subsequent dismissal or denial of
its application(s).
(4) The Certification Form, or a copy thereof, must be posted at
each station operating pursuant to this section consistent with
Sec. 101.215.

Sec. 101.33 Who may sign applications.

See part 1 of this chapter (Secs. 1.743 and 1.913), for practices
and procedures governing signatures on applications, amendments and
related statements of fact.

Processing of Applications

Sec. 101.35 Preliminary processing of applications.

(a) Applications received for filing are given a file number. The
assignment of a file number to an application is for administrative
convenience and does not indicate the acceptance of the application for
filing and processing and does not preclude the subsequent return of
the application.
(b) Applications that are incomplete with respect to answers,
supplementary statements, execution, or other matters of a formal
character will be considered defective and may be returned to the
applicant with a brief statement as to such defects. If an applicant is
requested by the Commission to file any additional documents or
information not included in the prescribed application form, failure to
comply with such request will be deemed to render the application
defective, and such application may be dismissed. Applications will
also be deemed to be defective and may be returned to the applicant in
the following cases:
(1) Statutory disqualification of applicant;
(2) Proposed use or purpose of station would be unlawful;
(3) Requested frequency is not allocated for assignment for the
service proposed;
(4) The submitted filing fee (if required) is insufficient;
(5) The application does not demonstrate compliance with the
special requirements applicable to the radio service involved;
(6) The applications does not include all necessary exhibits; or
(7) The application fails to meet any other Commission
requirements.
(c) Any application that has been returned to the applicant for
correction will be processed in original order of receipt when
resubmitted if it is received within 60 days from the date on which it
was returned to the applicant and the change does not involve a major
amendment. If the application is not resubmitted within the prescribed
time, it will be treated as a new application and considered at the
time other applications received on the same date are considered.
(d) Applications considered defective under paragraph (b) of this
section may be accepted for filing if:
(1) The application is accompanied by a request which sets forth
the reasons in support of a waiver of (or an exception to), in whole or
in part, any specific rule, regulation, or requirement with which the
application is in conflict; or
(2) The Commission, upon its own motion, waives (or allows an
exception to), in whole or in part, any rule, regulation or
requirement.

Sec. 101.37 Public notice period.

(a) At regular intervals, the Commission will issue a public notice
listing:
(1) The acceptance for filing of common carrier applications and
major amendments thereto;
(2) Significant Commission actions concerning these applications;
(3) The receipt of common carrier applications for minor
modifications made pursuant to Sec. 101.59;
(4) Information which the Commission in its discretion believes of
public significance; and
(5) Special environmental considerations as required by part 1 of
this chapter.
(b) A public notice will not normally be issued for any of the
following applications:
(1) For authorization of a minor technical change in the facilities
of a proposed or authorized station where such a change would not be
classified as a major amendment to a pending application, as defined by
Sec. 101.29, or as a minor modification to a license pursuant to
Sec. 101.59;
(2) For temporary authorization pursuant to Sec. 101.31;
(3) For an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(4) For consent to an involuntary assignment or transfer of control
of a radio authorization; or
(5) For consent to a voluntary assignment or transfer of control of
a radio authorization, where the assignment or transfer does not
involve a substantial change in ownership or control.
(c) Except as otherwise provided in this part (e.g., Sec. 101.59),
no application that has appeared on public notice will be granted until
the expiration of a period of thirty days following the issuance of the
public notice listing the application, or any major amendment thereto,
or until the expiration of a period of thirty days following the
issuance of a public notice identifying the tentative selectee of a
random selection process, whichever is later.
(d) The listing of an application on public notice as accepted for
filing does not indicate that the application has been found by the
Commission to be acceptable for filing and does not preclude the
subsequent return of the application.

Sec. 101.39 Dismissal and return of applications.

(a) Except as provided under paragraph (c) of this section and
under Sec. 101.41, any application may, upon written request, be
dismissed without prejudice as a matter of right prior to the adoption
date of any final Commission action or the application's designation
for hearing or comparative evaluation.

[[Page 26687]]

(b) A request to dismiss an application without prejudice will be
considered after designation for hearing, after selection through the
comparative evaluation procedure of Sec. 101.51, or after selection as
a tentative selectee in a random selection proceeding, only if:
(1) A written petition is submitted to the Commission and, in the
case of applications designated for hearing or comparative evaluation,
is properly served upon all parties of record;
(2) The petition is submitted before the issuance date of a public
notice of Commission action denying the application; and
(3) The petition complies with the provision of Sec. 101.41
(whenever applicable) and demonstrates good cause.
(c) Except as provided under Sec. 101.41, an application designated
for inclusion in the random selection process may be dismissed without
prejudice as a matter of right if the applicant requests its dismissal
at least 2 days prior to a random selection proceeding.
(d) Dismissal for failure to prosecute or for failure to respond to
official correspondence or requests for additional information within a
specified time period will be without prejudice prior to its
designation for hearing, or tentative selection by the random selection
process. Dismissal may be with prejudice after selection of the
comparative evaluation process, or after selection as a tentative
selectee in a random selection proceeding.

Sec. 101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.

(a) Except as provided in paragraph (b) of this section, applicants
or any other parties in interest to pending applications must comply
with the provisions of this section whenever:
(1) They participate in any agreement (or understanding) which
involves any consideration promised or received, directly or
indirectly, including any agreement (or understanding) for merger of
interests or the reciprocal withdrawal of applications; and
(2) The agreement (or understanding) may result in either:
(i) A proposed substantial change in beneficial ownership or
control (dejure or de facto) of an applicant such that the change would
require, in the case of an authorized station, the filing of a prior
assignment or transfer of control application under section 310(d) of
the Communications Act of 1934 (47 U.S.C. 310(d)), or
(ii) Proposed withdrawal, amendment or dismissal of any
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof, which would thereby permit the grant without
hearing, comparative evaluation under Sec. 101.51, or random selection
of an application previously in contested status.
(b) The provisions of this section will not be applicable to any
engineering agreement (or understanding) that:
(1) Resolves frequency conflicts with authorized stations or other
pending applications without the creation of new or increased frequency
conflicts; and
(2) Does not involve any consideration promised or received,
directly or indirectly (including any merger of interests or reciprocal
withdrawal of applications), other than the mutual benefit of resolving
the engineering conflict.
(c) For any agreement subject to this section, the applicant of an
application which would remain pending pursuant to such an agreement
will be considered responsible for the compliance by all parties with
the procedures of this section. Failure of the parties to comply with
the procedures of this section will constitute a defect in those
applications which are involved in the agreement and remain in a
pending status.
(d) The principals to any agreement or understanding subject to
this section must comply with the standards of paragraph (e) of this
section in accordance with the following procedure:
(1) Within ten (10) days after entering into the agreement, the
parties thereto must jointly notify the Commission in writing of the
existence and general terms of such agreement, the identity of all of
the participants and the applications involved;
(2) Within thirty (30) days after entering into the agreement, the
parties thereto must file any proposed application amendments, motions,
or requests together with a copy of the agreement which clearly sets
forth all terms and provisions, and such other facts and information as
necessary to satisfy the standards of paragraph (e) of this section.
Such submission must be accompanied by the certification by affidavit
of each principal to the agreement declaring that the statements made
are true, complete, and correct to the best of their knowledge and
belief, and are made in good faith; and
(3) The Commission may request any further information which in its
judgment it believes is necessary for a determination under paragraph
(e) of this section.
(e) The Commission will grant an application (or applications)
involved in the agreement (or understanding) only if it finds upon
examination of the information submitted, and upon consideration of
such other matters as may be officially noticed, that the agreement is
consistent with the public interest, and the amount of any monetary
consideration and the cash value of any other consideration promised or
received is not in excess of those legitimate and prudent costs
directly assignable to the engineering, preparation, filing and
advocacy of the withdrawn, dismissed, or amended application(s),
amendment(s), petition(s), pleading(s), or any combination thereof.
Where such costs represent the applicant's in-house efforts, these
costs may include only directly assignable costs and must exclude
general overhead expenses. (The treatment to be accorded such
consideration for interstate rate making purposes will be determined at
such time as the question may arise in an appropriate rate proceeding.)
An itemized accounting must be submitted to support the amount of
consideration involved except where such consideration (including the
fair market value of any non-cash consideration) promised or received
does not exceed one thousand dollars ($1,000.00). Where consideration
involves a sale of facilities or merger of interests, the accounting
must clearly identify that portion of the consideration allocated for
such facilities or interests and a detailed description thereof,
including estimated fair market value. The Commission will not presume
an agreement (or understanding) to be prima facie contrary to the
public interest solely because it incorporates a mutual agreement to
withdraw pending application(s), amendment(s), petition(s),
pleading(s), or any combination thereof.

Sec. 101.43 Opposition to applications.

(a) Any party in interest may file with the Commission a petition
to deny any application for which public notice is required. All such
petitions must:
(1) Identify the application or applications including applicant's
name, station location, Commission file numbers and radio service
involved with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of this part and part 1 of
this chapter;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), supported by affidavit of a person or
persons with personal knowledge thereof and be sufficient to make a
prima facie showing that the petitioner is a party in interest and that
a grant of the application would be

[[Page 26688]]

inconsistent with the public interest, convenience and necessity;
(4) Be filed within thirty (30) days after the date of public
notice announcing the acceptance for filing of such applications or
major amendments thereto, or, identifying the tentative selectee of a
random selection proceeding (unless the Commission otherwise extends
the deadline); and
(5) Contain a certificate of service showing that the applicant has
been mailed a copy of the petition no later than the date on which the
petition is filed with the Commission.
(b) The applicant may file an opposition to any petition to deny
and the petitioner may file a reply thereto in which allegations of
fact or denials thereof must be supported by an affidavit of a person
or persons with personal knowledge thereof and be clearly identified.
The applicant must serve a copy of the opposition on the petitioner,
and the petitioner must serve a copy of its reply on the applicant. The
time for filing such oppositions and replies are provided in Sec. 1.45
of this chapter.
(c) Notwithstanding the provisions of paragraph (a) of this
section, before Commission action on any application for an instrument
of authorization, any person may file informal objections to the grant.
The Commission will consider informal objections, but not necessarily
discuss them in a written opinion, if the objection is filed at least
one day prior to action on the application and the objection is signed
by the submitting person with a disclosure of that person's interest.
Such objections may be submitted in letter form. The limitation on
pleadings and time for filing pleadings provided for in Sec. 1.45 of
this chapter will not be applicable to any objections duly filed
pursuant to this paragraph.
(d) Petitions to deny not filed in accordance with paragraph (a) of
this section will be treated as informal objections.

Sec. 101.45 Mutually exclusive applications.

(a) The Commission will consider applications to be mutually
exclusive if their conflicts are such that the grant of one application
would effectively preclude by reason of harmful electrical
interference, or other practical reason, the grant of one or more of
the other applications. The Commission will presume ``harmful
electrical interference'' exists when the levels of Sec. 101.105 are
exceeded, or when there is a material impairment to service rendered to
the public despite full cooperation in good faith by all applicants or
parties to achieve reasonable technical adjustments which would avoid
electrical conflict.
(b) A common carrier application will be entitled to be included in
a random selection process or to comparative consideration with one or
more conflicting applications only if:
(1) The application is mutually exclusive with the other
application; and
(2) The application is received by the Commission in a condition
acceptable for filing by whichever ``cut-off'' date is earlier:
(i) Sixty (60) days after the date of the public notice listing the
first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission
takes final action on the previously filed application (should the
Commission act upon such application in the interval between thirty
(30) and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but
not uniformly so, the earliest filed application established the date
prescribed in paragraph (b)(2) of this section, regardless of whether
or not subsequently filed applications are directly mutually exclusive
with the first filed application. (For example, applications A, B, and
C are filed in that order. A and B are directly mutually exclusive, B
and C are directly mutually exclusive. In order to be considered
comparatively with B, C must be filed within the ``cut-off'' period
established by A even though C is not directly mutually exclusive with
A.)
(d) Private operational fixed point-to-point microwave applications
for authorization under this part will be entitled to be included in a
random selection process or to comparative consideration with one or
more conflicting applications in accordance with the provisions of
Sec. 1.227(b)(4) of this chapter.
(e) An application otherwise mutually exclusive with one or more
previously filed applications, but filed after the appropriate date
prescribed in paragraphs (b) or (d) of this section, will be returned
without prejudice and will be eligible for refiling only after final
action is taken by the Commission with respect to the previously filed
application (or applications).
(f) For the purposes of this section, any application (whether
mutually exclusive or not) will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
Sec. 101.29), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or
for comparative evaluation (pursuant to Sec. 101.51), and the
Commission or the presiding officer accepts the amendment pursuant to
Sec. 101.29(b);
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing, by comparative evaluation pursuant to
Sec. 101.51, or by random selection pursuant to Sec. 101.49 provided
that the amendment does not create new or additional frequency
conflicts;
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest, and for which a
requested exemption from the ``cut-off'' requirements of this section
is granted;
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 101.41 whereby two or more
applicants entitled to comparative consideration of their applications
join in one (or more) of the existing applications and request
dismissal of their other application (or applications) to avoid the
delay and cost of comparative consideration;
(5) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing,
such as, for example:
(i) The loss of a transmitter or receiver site by condemnation,
natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the
erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence
of specified equipment, whenever the application has been pending
before the Commission for two or more years from the date of its
filing.
(g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a
frequency pair. Applicants for these bands may select an unpaired
frequency only upon a showing that spectrum efficiency will not be
impaired and that unpaired spectrum is not available in other bands.
During the initial filing window, frequency coordination is not

[[Page 26689]]

required, except that an application for a frequency in the 942-944 MHz
band must be coordinated to ensure that it does not affect an existing
broadcast auxiliary service licensee. After the initial filing window,
an applicant must submit evidence that frequency coordination has been
performed with all licensees affected by the application. All frequency
coordination must be performed in accordance with Sec. 101.103. In the
event of mutually exclusive applications occurring during the initial
filing window for the 932.5-935/941.5-944 MHz bands, applicants shall
be given the opportunity to resolve these situations by applying for an
alternative frequency pair, if one is available. To the extent that
there are no other available frequencies or to the extent that mutually
exclusive applications remain after this process is concluded,
lotteries shall be conducted for each frequency pair among all
remaining mutually exclusive applications, assuming appropriate
coordination with existing broadcast auxiliary stations can be
concluded, where necessary. In the event of mutually exclusive
applications being received for these bands on the same day after the
initial filing window has closed and a subsequent filing window opened,
lotteries shall be conducted for each frequency pair among all mutually
exclusive applications.

Sec. 101.47 Consideration of applications.

(a) Applications for an instrument of authorization will be granted
if, upon examination of the application and upon consideration of such
other matters as it may officially notice, the Commission finds that
the grant will serve the public interest, convenience, and necessity.
(b) The grant will be without a formal hearing if, upon
consideration of the application, any pleadings of objections filed, or
other matters which may be officially noticed, the Commission finds
that:
(1) The application is acceptable for filing, and is in accordance
with the Commission's rules, regulations, and other requirements;
(2) The application is not subject to comparative consideration
(pursuant to Sec. 101.45) with another application (or applications),
except where the competing applicants have chosen the comparative
evaluation procedure of Sec. 101.51 and a grant is appropriate under
that procedure;
(3) A grant of the application would not cause harmful electrical
interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is legally, technically, financially and
otherwise qualified, and a grant of the application would serve the
public interest.
(c) Whenever the Commission, without a formal hearing, grants any
application in part, or subject to any terms or conditions other than
those normally applied to applications of the same type, it will inform
the applicant of the reasons therefor, and the grant will be considered
final unless the Commission revises its action (either by granting the
application as originally requested, or by designating the application
for a formal evidentiary hearing) in response to a petition for
reconsideration that:
(1) Is filed by the applicant within thirty (30) days from the date
of the letter or order giving the reasons for the partial or
conditioned grant;
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(d) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in issue,
if, upon consideration of the application, any pleadings or objections
filed, or other matters which may be officially noticed, the Commission
determines that:
(1) A substantial and material question of fact is presented;
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete, and in accordance with the
Commission's rules, regulations, and other requirements;
(3) The application is entitled to comparative consideration (under
Sec. 101.45) with another application (or applications); or
(4) The application is entitled to comparative consideration
(pursuant to Sec. 101.45) and the applicants have chosen the
comparative evaluation procedure of Sec. 101.51 but the Commission
deems such procedure to be inappropriate.
(e) The Commission may grant, deny, or take other action with
respect to an application designated for a formal hearing pursuant to
paragraph (d) of this section or part 1 of this chapter.
(f) Whenever the public interest would be served thereby the
Commission may grant one or more mutually exclusive applications
expressly conditioned upon final action on the applications, and then
either conduct a random section process (in specified services under
this rules part), designate all of the mutually exclusive applications
for a formal evidentiary hearing or (whenever so requested) follow the
comparative evaluation procedures of Sec. 101.51, as appropriate, if it
appears:
(1) That some or all of the applications were not filed in good
faith, but were filed for the purpose of delaying or hindering the
grant of another application;
(2) That the public interest requires the prompt establishment of
radio service in a particular community or area;
(3) That a delay in making a grant to any applicant until after the
conclusion of a hearing or a random selection proceeding on all
applications might jeopardize the rights of the United States under the
provision of an international agreement to the use of the frequency in
question; or
(4) That a grant of one application would be in the public interest
in that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or of the provisions of this
chapter.
(g) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.

Sec. 101.49 Grants by random selection.

(a) If an application for an authorization in the Digital
Electronic Message Service (DEMS) is mutually exclusive with another
such application and satisfies the requirements of Sec. 101.45, the
applicant may be included in the random selection process set forth in
Secs. 1.821, 1.822 and 1.825 of this chapter.
(b) Renewal applications will not be included in a random selection
process.

Sec. 101.51 Comparative evaluation of mutually exclusive applications.

(a) In order to expedite action on mutually exclusive applications
in services under this rules part where the random selection process
does not apply, the applicants may request the Commission to consider
their applications without a formal hearing in accordance with the
summary procedure outlined in paragraph (b) in this section if:
(1) The applications are entitled to comparative consideration
pursuant to Sec. 101.45;
(2) The applications have not been designated for formal
evidentiary hearing; and
(3) The Commission determines, initially or at any time during the

[[Page 26690]]

procedure outlined in paragraph (b) of this section, that such
procedure is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact presented (other than
those relating to the comparative merits of the applications) which
would preclude a grant under paragraphs (a) and (b) of Sec. 101.47.
(b) Provided that the conditions of paragraph (a) of this section
are satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to
the summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the Commission should exercise
its judgment to select from among the mutually exclusive applications
that proposal (or proposals) which would best serve the public
interest; and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants
the Commission (if it deems this procedure appropriate) will issue a
notice designating the comparative criteria upon which the applications
are to be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing
of comments, the Commission will accept concise and factual replies
from the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants will have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted,
and such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision will be considered final.

License Transfers, Modifications, Conditions and Forfeitures

Sec. 101.53 Assignment or transfer of station authorization.

(a) No station license, or any rights thereunder, may be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval must include any and all transactions that:
(1) Change the party controlling the affairs of the licensee; or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership.
(c) Requests for transfer of control or assignment authority must
be submitted on the application form prescribed by Sec. 101.13 or
Sec. 101.15, and must be accompanied by the applicable showings
required by Secs. 101.19, 101.21, and 101.55.
(d) The Commission must be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, must be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the
place having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain
no right of reversion or reassignment of the license and may not
reserve the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for
the assignment or transfer.
(f) No special temporary authority, or any rights thereunder, may
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.

Sec. 101.55 Considerations involving transfer or assignment
applications.

(a) Licenses may not be assigned or transferred prior to the
completion of construction of the facility. However, consent to the
assignment or transfer of control of such a license may be given prior
to the completion of construction where:
(1) The assignment or transfer does not involve a substantial
change in or ownership or control of the authorized facilities; or
(2) The assignment or transfer of control is involuntary due to the
licensee's bankruptcy, death, or legal disability.
(b) The Commission will review a proposed transaction to determine
if the circumstances indicate ``trafficking'' in licenses whenever
applications (except those involving pro forma assignment or transfer
of control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities:
(1) Authorized following a comparative hearing and have been
operated less than one year;
(2) Involve facilities that have not been constructed; or
(3) Involve facilities that were authorized following a random
selection proceeding in which the successful applicant received
preference and that have been operated for less than one year.
(c) At its discretion, the Commission may require the submission of
an affirmative, factual showing (supported by affidavits of a person or
persons with personal knowledge thereof) to demonstrate that the
proposed assignor or transferor has not acquired an authorization or
operated a station for the principal purpose of profitable sale rather
than public service. This showing may include, for example, a
demonstration that the proposed assignment or transfer is due to
changed circumstances (described in detail) affecting the licensee
subsequent to the acquisition of the license, or that the proposed
transfer of radio facilities is incidental to a sale of other
facilities or merger of interests.

[[Page 26691]]

(d) If a proposed transfer of radio facilities is incidental to a
sale or other facilities or merger of interests, any showing requested
under paragraph (a) of this section must include an additional exhibit
that:
(1) Discloses complete details as to the sale of facilities or
merger of interests;
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of
interests; and
(3) Demonstrates that the amount of consideration assignable to the
facilities or business interests involved represents their fair market
value at the time of the transaction.
(e) For the purposes of this section, the one year period is
calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent
modifications;
(2) The date of consummation of an assignment or transfer, if the
station is acquired as the result of an assignment of license, or
transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (d)(1) and (2) of this section) if
the transaction involves a system (such as a Private Operational Fixed
Point-to-Point Microwave system) of two or more stations. (The median
date is that date so selected such that fifty percent of the
commencement dates of the total number of stations, when arranged in
chronological order, lie below it and fifty percent lie above it. When
the number of stations is an even number, the median date will be a
value half way between the two dates closest to the theoretical
median).

Sec. 101.57 Modification of station license.

(a) Except as provided in Sec. 101.59, no modification of a license
issued pursuant to this part (or the facilities described thereunder)
may be made except upon application to the Commission.
(b) No application for modification to extend a license
construction period will be granted for delays caused by lack of
financing or for lack of site availability. Applications for time
extensions for other reasons must include a verified statement from the
applicant showing that the licensee has made diligent efforts to
construct the facilities and:
(1) That additional time is required due to circumstances beyond
the applicant's control, in which case the applicant must describe such
circumstances and must set forth with specificity and justify the
precise extension period requested; or
(2) That there are unique and overriding public interest concerns
that justify such an extension, in which case the applicant must
identify such interests and must set forth and justify a precise
extension period.
(c) Notwithstanding the provisions of paragraph (b) of this
section, when a station license has been assigned or transferred
pursuant to Sec. 101.53, any extension of time will be limited so that
the time left to construct after Commission grant of the transfer or
assignment will be no more than the time remaining for construction at
the date of the filing of the application for transfer or assignment.
(d) Modification of license is required for the following changes
in authorized stations:
(1) Any change in frequencies used;
(2) Any change in antenna azimuth;
(3) Any change in antenna beamwidth;
(4) Any change in antenna or passive repeater location greater than
1 second or which involves a requirement for special aeronautical
study;
(5) Any change in antenna polarization;
(6) Any change in antenna height;
(7) Any change in the size of passive reflectors or repeaters
associated with the facilities of an authorized station;
(8) Any increase in emission bandwidth beyond that authorized;
(9) Any change in the type of emission;
(10) Any change in authorized equivalent isotropically radiated
power in excess of 3 dB (a 2-to-1 ratio); or
(11) Substitution of equipment having a greater frequency
tolerance.
(e) When the name of the licensee is changed (without changes in
the ownership, control, or corporate structure), or when the mailing
address is changed (without changing the authorized location of the
fixed station) a formal application for modification of license is not
required. However, the licensee must notify the Commission within
thirty days of the effective date of these changes. The notice, which
may be in letter form, must contain the name and address of the
licensee as they appear in the Commission's records, the new name or
address, the call signs and classes of all radio stations authorized to
the licensee under this part and the radio service in which each
station is authorized. The notice must be sent to the Federal
Communications Commission, Gettysburg, PA 17325 and a copy must be
maintained with the license of each station until a new license is
issued.

Sec. 101.59 Processing of applications for facility minor
modifications.

(a) Unless an applicant is notified to the contrary by the
Commission, as of the twenty-first day following the date of public
notice, any application that meets the requirements of paragraph (b) of
this section and proposes only the change specified in paragraph (c) of
this section will be deemed to have been authorized by the Commission.
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Private Operational Fixed Point-to-Point
Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, or Digital Electronic Message Services;
(2) The cumulative effect of all such applications made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section; and
(6) Written notice of such filing has been provided to all parties
otherwise required to be provided a prior coordination notice in
accordance with Sec. 101.103(d) or, in the Digital Electronic Message
Services, a copy of the application has been served on those who also
were served under Sec. 101.509.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In all radio services other than Digital Electronic Message
Service, any increase in equivalent isotropically radiated power is
less than 3 dB over the previously authorized output power, and in
Digital Electronic Message Service, any increase in equivalent
isotropically radiated power is 1.5 dB or less over the previously
authorized equivalent isotropically radiated power;
(ii) The necessary bandwidth is not increased beyond the previously
authorized bandwidth;
(2) Changes in the center line height of an antenna, provided that:
(i) In all radio services except the Digital Electronic Message
Service, any

[[Page 26692]]

increase in antenna height is less than 3.0 meters (10 feet) above the
previously authorized height;
(ii) In the Digital Electronic Message Service, any increase in
antenna height is less than 3.0 meters (10 feet) above the previously
authorized height; and
(iii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters (20 feet) or less (above ground or man-made
structure, as appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station,
receive station or passive facility by five (5) seconds or less of
latitude, longitude or both, provided that when notice to the FAA of
proposed construction is required by part 17 of this chapter for
antenna structure at the previously authorized coordinates (or will be
required at the new location) the applicant must comply with the
provisions of Sec. 101.21(a).
(d) Upon grant of an application under the procedure of this
section and at such time that construction begins, the applicant must
keep a complete copy of the application (including the filing date)
with the station license if construction begins prior to receipt of the
authorization.

Sec. 101.61 Certain modifications not requiring prior authorization.

(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if the replacement
equipment is equivalent to the replaced equipment.
(b) Licensees of fixed stations in the Private Operational Fixed
Point-to-Point Microwave, Common Carrier Fixed Point-to-Point
Microwave, Local Television Transmission, or Digital Electronic Message
Services, may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) Frequency coordination procedures, as necessary, are complied
with in accordance with Sec. 101.103(d) or, in the Digital Electronic
Message Services, a copy of the notification described in paragraph
(b)(3) of this section is served on those who were served under
Sec. 101.509; and
(2) The cumulative effect of all facility changes made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section; and
(3) The Commission is notified of changes made to facilities by the
submission of a completed FCC Form 494 within thirty days after the
changes are made.
(c) Modifications that may be made without prior authorization
under paragraph (b) of this section are:
(1) Change or modification of a transmitter, when:
(i) The replacement or modified transmitter is type-accepted (or
type-notified) for use under this part and is installed without
modification from the type-accepted (or type notified) configuration;
(ii) The type of modulation is not changed;
(iii) The frequency stability is equal to or better than the
previously authorized frequency stability; and
(iv) The necessary bandwidth and the output power do not exceed the
previously authorized values.
(2) Addition or deletion of a transmitter for protection without
changing the authorized power output (e.g. hot standby transmitters);
(3) Change to an antenna (other than any change involving a
periscope antenna system), when:
(i) For the Private Operational Fixed Point-to-Point Microwave,
Common Carrier Fixed Point-to-Point Microwave, and Local Television
Transmission Services, the new antenna conforms to the requirements of
Sec. 101.115 and has essentially the same or better radiation
characteristics than the previously authorized antenna;
(ii) For the Digital Electronic Message Service, the new antenna
conforms with Sec. 101.517 and the gain of the new antenna does not
exceed that of the previously authorized antenna by more than one dB in
any direction.
(4) Any technical changes that would decrease the effective
radiated power.
(5) Change to the height of an antenna system, when:
(i) The new center line height (measured at the center-of-
radiation) is within 1.5 meters of the previously
authorized height; and
(ii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 101.21(a).
(7) Changes in the azimuth of the center of the main lobe of
radiation of a point-to-point station's antenna by a maximum of one
degree.
(8) Changes to the transmission line and other devices between the
transmitter and the antenna when the effective radiated power of the
station is not increased by more than one dB.
(d) Licensees may notify the Commission of permissible changes or
correct erroneous information on a license not involving a major change
(i.e., a change that would be classified as a major amendment as
defined by Sec. 101.29) without obtaining prior Commission approval by
filing FCC Form 494.

Sec. 101.63 Period of construction; certification of completion of
construction.

(a) Each station authorized under this part must be in operation
within 18 months from the initial date of grant. Modification of an
operational station must be completed within 18 months of the date of
grant of the applicable modification request.
(b) Failure to timely begin operation means the authorization
cancels automatically and must be returned to the Commission.
(c) The frequencies associated with all point-to-multipoint
authorizations which have cancelled automatically or otherwise been
recovered by the Commission will again be made available for
reassignment on a date and under terms set forth by Public Notice.
(d) Requests for extension of time to be in operation may be
granted upon a showing of good cause, setting forth in detail the
applicant's reasons for failure to have the facility operating in the
prescribed period. Such requests must be submitted no later than 30
days prior to the end of the prescribed period to the Federal
Communications Commission, Gettysburg, PA 17325-7245.
(e) Construction of any station must be completed by the date
specified in the license as the termination date of the construction
period. Licensees who fail to complete construction must return their
authorization for cancellation within 5 days after the expiration of
the construction period specified on the license.

Sec. 101.65 Forfeiture and termination of station authorizations.

(a) A license will be automatically forfeited in whole or in part
without further notice to the licensee upon:
(1) The expiration of the construction period specified therein, or
after such additional time as may be authorized by the Commission;
(2) The expiration of the license period specified therein, unless
prior

[[Page 26693]]

thereto an application for renewal of such license has been filed with
the Commission; or
(3) The voluntary removal or alteration of the facilities, so as to
render the station not operational for a period of 30 days or more.
(b) A license forfeited in whole or in part under the provisions of
paragraph (a)(1) or (a)(2) of this section may be reinstated if the
Commission, in its discretion, determines that reinstatement would best
serve the public interest, convenience and necessity. Petitions for
reinstatement filed pursuant to this subsection will be considered only
if:
(1) The petition is filed within 30 days of the expiration date set
forth in paragraph (a)(1) or (a)(2) of this section, whichever is
applicable;
(2) The petition explains the failure to timely file such
notification or application as would have prevented automatic
forfeiture; and
(3) The petition sets forth with specificity the procedures which
have been established to insure timely filings in the future.
(c) A special temporary authorization will automatically terminate
upon the expiration date specified therein, or upon failure to comply
with any special terms or conditions set forth therein. Operation may
be extended beyond such termination date only after application and
upon specific authorization by the Commission.
(d) If a station licensed under this part discontinues operation on
a permanent basis, the licensee must forward the station license to the
Federal Communications Commission, Gettysburg, Pennsylvania 17325, for
cancellation. For purposes of this section, any station which has not
operated for one year or more is considered to have been permanently
discontinued. See Sec. 101.305 for additional rules regarding temporary
and permanent discontinuation of service.

Sec. 101.67 License period.

Licenses for stations authorized under this part will be issued for
a period not to exceed 10 years. Unless otherwise specified by the
Commission, the expiration of regular licenses shall be on the date
(month and day) selected by licensees in the year of expiration.

Sec. 101.69 Transition of the 2.11-2.13, and 2.16-2.18 GHz bands from
the Common Carrier Fixed Point-to-Point Microwave Services and the
1.85-1.99, 2.13-2.15, and 2.18-2.20 GHz bands from the Private
Operational Fixed Point-to-Point Microwave Service to emerging
technologies.

(a) Licensees proposing to implement services using emerging
technologies (ET Licensees) may negotiate with Common Carrier and
Private Operational Fixed Point-to-Point Microwave Service licensees
(Existing Licensees) in these bands for the purpose of agreeing to
terms under which the Existing Licensees would relocate their
operations to other fixed microwave bands or to other media, or
alternatively, would accept a sharing arrangement with the ET Licensee
that may result in an otherwise impermissible level of interference to
the existing licensee's operations. ET Licensees may also negotiate
agreements for relocation of the Existing Licensees' facilities within
the 2 GHz band in which all interested parties agree to the relocation
of the Existing Licensee's facilities elsewhere within these bands.
``All interested parties'' includes the incumbent licensee, the
emerging technology provider or representative requesting and paying
for the relocation, and any emerging technology licensee of the
spectrum to which the incumbent's facilities are to be relocated.
(b) Common Carrier and Private Operational Fixed Point-to-Point
Microwave Service licensees, with the exception of public safety
facilities defined in paragraph (f) of this section, in bands allocated
for licensed emerging technology services will maintain primary status
in these bands until two years after the Commission commences
acceptance of applications for an emerging technology service (two-year
voluntary negotiation period), and until one year after an emerging
technology service licensee initiates negotiations for relocation of
the fixed microwave licensee's operations (one-year mandatory
negotiation period) or, in bands allocated for unlicensed emerging
technology services, until one year after an emerging technology
unlicensed equipment supplier or representative initiates negotiations
for relocation of the fixed microwave licensee's operations (one-year
mandatory negotiation period). When it is necessary for an emerging
technology provider or representative of unlicensed device
manufacturers to negotiate with a fixed microwave licensee with
operations in spectrum adjacent to that of the emerging technology
provider, the transition schedule of the entity requesting the move
will apply. Public safety facilities defined in paragraph (f) of this
section will maintain primary status in these bands until three years
after the Commission commences acceptance of applications for an
emerging technology service (three-year voluntary negotiation period),
and until two years after an emerging technology service licensee or an
emerging technology unlicensed equipment supplier or representative
initiates negotiations for relocation of the fixed microwave licensee's
operations (two-year mandatory negotiation period).
(c) The Commission will amend the operation license of the Common
Carrier and Private Operational Fixed Point-to-Point Microwave Service
operator to secondary status only if the following requirements are
met:
(1) The service applicant, provider, licensee, or representative
using an emerging technology guarantees payment of all relocation
costs, including all engineering, equipment, site and FCC fees, as well
as any reasonable, additional costs that the relocated fixed microwave
licensee might incur as a result of operation in another fixed
microwave band or migration to another medium;
(2) The emerging technology service entity completes all activities
necessary for implementing the replacement facilities, including
engineering and cost analysis of the relocation procedure and, if radio
facilities are used, identifying and obtaining, on the incumbents'
behalf, new microwave frequencies and frequency coordination; and
(3) The emerging technology service entity builds the replacement
system and tests it for comparability with the existing 2 GHz system.
(d) The 2 GHz microwave licensee is not required to relocate until
the alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff.
(e) If within one year after the relocation to new facilities the 2
GHz microwave licensee demonstrates that the new facilities are not
comparable to the former facilities, the emerging technology service
entity must remedy the defects or pay to relocate the microwave
licensee back to its former or equivalent 2 GHz frequencies.
(f) Public safety facilities subject to the three-year voluntary
and two-year mandatory negotiation periods, are those that the majority
of communications carried are used for police, fire, or emergency
medical services operations involving safety of life and property. The
facilities within this exception are those facilities

[[Page 26694]]

currently licensed on a primary basis pursuant to the eligibility
requirements of Sec. 90.19 of this chapter, Police Radio Service;
Sec. 90.21 of this chapter, Fire Radio Service; Sec. 90.27 of this
chapter Emergency Medical Radio Service; and subpart C of part 90 of
this chapter, Special Emergency Radio Services. Licensees of other part
101 facilities licensed on a primary basis under the eligibility
requirements of subparts B and C, part 90 of this chapter, are
permitted to request similar treatment upon demonstrating that the
majority of the communications carried on those facilities are used for
operations involving safety of life and property.

Subpart C--Technical Standards

Sec. 101.101 Frequency availability.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Radio service
--------------------------------------------------------------------------------------------------------------------------
Frequency band (MHz) Broadcast auxiliary (Part Other (Parts 15, 21, 24,
Common carrier (Part 101) Private radio (Part 101) 74) 25, 74, 78 & 100) Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
928-929...................... ......................... MAS ......................... ........................ ..............
932.0-932.5.................. MAS MAS ......................... ........................ (1)
932.5-935.0.................. CC OFS ......................... ........................ (1)
941.0-941.5.................. MAS MAS ......................... ........................ (1)
941.5-944.0.................. CC OFS Aural BAS ........................ (1)
952-960...................... ......................... OFS/MAS ......................... ........................ ..............
1850-1990.................... ......................... OFS ......................... PCS ..............
2110-2130.................... CC ......................... ......................... PET ..............
72130-2150................... ......................... OFS ......................... PET ..............
2150-2160.................... ......................... OFS ......................... MDS ..............
2160-2180.................... CC ......................... ......................... ET ..............
2180-2200.................... ......................... OFS ......................... PET ..............
2450-2500.................... LTTS OFS TV BAS ISM F/M/TF
2650-2690.................... ......................... OFS ......................... MDS/ITFS ..............
3700-4200.................... CC LTTS OFS ......................... SAT ..............
5925-6425.................... CC LTTS OFS ......................... SAT ..............
6425-6525.................... LTTS OFS TV BAS CARS M
6525-6875.................... CC OFS ......................... ........................ F/TF
10,550-10,680................ CC DEMS OFS, DEMS ......................... ........................ ..............
10,700-11,700................ CC LTTS OFS ......................... SAT ..............
11,700-12,200................ LTTS ......................... ......................... SAT ..............
12,200-12,700................ ......................... OFS ......................... DBS ..............
12,700-13,250................ CC LTTS OFS TV BAS CARS F/M/TF
14,200-14,400................ LTTS ......................... ......................... SAT ..............
17,700-18,580................ CC OFS TV BAS SAT CARS ..............
18,580-18,820................ CC OFS Aural BAS SAT ..............
18,820-18,920................ DEMS OFS DEMS ......................... SAT ..............
18,920-19,160................ CC OFS Aural BAS SAT ..............
19,160-19,260................ DEMS OFS DEMS ......................... SAT ..............
19,260-19,700................ CC OFS TV BAS CARS SAT ..............
21,200-23,600................ CC LTTS OFS ......................... ........................ TF
27,500-29,500................ CC ......................... ......................... SAT ..............
31,000-31,300................ CC LTTS OFS TV BASCARS F/M/TF
38,600-40,000................ CC OFS TV BAS ........................ F/M/TF

--------------------------------------------------------------------------------------------------------------------------------------------------------
BAS: Broadcast Auxiliary Service--(Part 74).
CARS: Cable Television Relay Service --(Part 78).
CC: Common Carrier Fixed Point-to-Point Microwave Service--(Part 101, Subparts C & I).
DBS: Direct Broadcast Satellite--(Part 100).
DEMS: Digital Electronic Message Service--(Part 101, Subpart G).
ET: Emerging Technologies (per ET Dkt. No. 92-9, not yet assigned).
ISM: Industrial, Scientific & Medical--(Part 18).
ITFS: Instructional Television Fixed Service--(Part 74)
LTTS: Local Television Transmission Service--(Part 101, Subpart J).
MAS: Multipoint Address System--(Part 101).7MDS: Multipoint Distribution Service--(Part 21).7OFS: Private Operational Fixed Point-to-Point Microwave
Service--(Part 101, Subparts C & H).
PCS: Personal Communications Service--(Part 24).
SAT: Fixed Satellite Service--(Part 25).
Notes:
F--Fixed. M--Mobile. TF--Temporary Fixed.
(1)--Applications for frequencies in the 932.5-935/941.5-944 MHz bands may be filed initially during a one-week period to be announced by public notice.
After these applications have been processed, the Commission will announce by public notice a filing date for remaining frequencies. From this filing
date forward, applications will be processed on a daily first-come, first-served basis.

Sec. 101.103 Frequency coordination procedures.

(a) Assignment of frequencies will be made only in such a manner as
to facilitate the rendition of communication service on an
interference-free basis in each service area. Unless otherwise
indicated, each frequency available for use by stations in these
services will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in these
services must cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more
radio systems and such interference

[[Page 26695]]

cannot be resolved between the licensees thereof, the Commission may
specify a time sharing arrangement for the stations involved or may,
after notice and opportunity for hearing, require the licensees to make
such changes in operating techniques or equipment as it may deem
necessary to avoid such interference.
(b) The provisions of this section do not apply to operations in
the band 31.0 to 31.3 GHz. Operations in this band are unprotected and
subject to harmful interference from other licensed operations in this
band.
(c) Frequency diversity transmission will not be authorized in
these services in the absence of a factual showing that the required
communications cannot practically be achieved by other means. Where
frequency diversity is deemed to be justified on a protection channel
basis, it will be limited to one protection channel for the bands
3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one
protection channel for three working channels for the bands 10,550-
10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425,
and 6525-6875 MHz, no frequency diversity protection channel will be
authorized unless there is a minimum of three working channels, except
that where a substantial showing is made that a total of three working
channels will be required within three years, a protection channel may
be authorized simultaneously with the first working channel. A
protection channel authorized under such exception will be subject to
termination if applications for the third working channel are not filed
within three years of the grant date of the applications for the first
working channel. Where equipment employing digital modulation
techniques with cross-polarized operation on the same frequency is
used, the protection channel authorized under the above conditions may
be considered to consist of both polarizations of the protection
frequency where such is shown to be necessary.
(d) Frequency coordination. For each frequency authorized under
this part, the following frequency usage coordination procedures will
apply:
(1) General requirements. Proposed frequency usage must be prior
coordinated with existing licensees, permittees and applicants in the
area, and other applicants with previously filed applications, whose
facilities could affect or be affected by the new proposal in terms of
frequency interference on active channels, applied-for channels, or
channels coordinated for future growth. Coordination must be completed
prior to filing an application for regular authorization, or an
amendment to a pending application, or any major modification to a
license. In coordinating frequency usage with stations in the fixed
satellite service, applicants must also comply with the requirements of
Sec. 101.21(f). In engineering a system or modification thereto, the
applicant must, by appropriate studies and analyses, select sites,
transmitters, antennas and frequencies that will avoid interference in
excess of permissible levels to other users. All applicants and
licensees must cooperate fully and make reasonable efforts to resolve
technical problems and conflicts that may inhibit the most effective
and efficient use of the radio spectrum; however, the party being
coordinated with is not obligated to suggest changes or re-engineer a
proposal in cases involving conflicts. Applicants should make every
reasonable effort to avoid blocking the growth of systems as prior
coordinated. The applicant must identify in the application all
entities with which the technical proposal was coordinated. In the
event that technical problems are not resolved, an explanation must be
submitted with the application. Where technical problems are resolved
by an agreement or operating arrangement between the parties that would
require special procedures be taken to reduce the likelihood of
interference in excess of permissible levels (such as the use of
artificial site shielding) or would result in a reduction of quality or
capacity of either system, the details thereof may be contained in the
application.
(2) Coordination procedure guidelines are as follows:
(i) Coordination involves two separate elements: notification and
response. Both or either may be oral or in written form. To be
acceptable for filing, all applications and major technical amendments
must certify that coordination, including response, has been completed.
The names of the licensees, permittees and applicants with coordinated
proposals, applicants, permittees, and licensees with which
coordination was accomplished must be specified. If such notice and/or
response is oral, the party providing such notice or response must
supply written documentation of the communication upon request;
(ii) Notification must include relevant technical details of the
proposal. At minimum, this should include, as applicable, the
following:

Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power,
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain and, if required, a
radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and
ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.

(iii) For transmitters employing digital modulation techniques, the
notification should clearly identify the type of modulation. Upon
request, additional details of the operating characteristics of the
equipment must also be furnished;
(iv) Response to notification should be made as quickly as
possible, even if no technical problems are anticipated. Any response
to notification indicating potential interference must specify the
technical details and must be provided to the applicant, in writing,
within the 30-day notification period. Every reasonable effort should
be made by all applicants, permittees and licensees to eliminate all
problems and conflicts. If no response to notification is received
within 30 days, the applicant will be deemed to have made reasonable
efforts to coordinate and may file its application without a response;
(v) The 30-day notification period is calculated from the date of
receipt by the applicant, permittee, or licensee being notified. If
notification is by mail, this date may be ascertained by:
(A) The return receipt on certified mail;
(B) The enclosure of a card to be dated and returned by the
recipient; or
(C) A conservative estimate of the time required for the mail to
reach its destination. In the last case, the estimated date when the
30-day period would expire should be stated in the notification.
(vi) An expedited prior coordination period (less than 30 days) may
be requested when deemed necessary by a notifying party. The
coordination notice should be identified as ``expedited'' and

[[Page 26696]]

the requested response date should be clearly indicated. However,
circumstances preventing a timely response from the receiving party
should be accommodated accordingly. It is the responsibility of the
notifying party to receive written concurrence (or verbal, with written
to follow) from affected parties or their coordination representatives.
(vii) All technical problems that come to light during coordination
must be resolved unless a statement is included with the application to
the effect that the applicant is unable or unwilling to resolve the
conflict and briefly the reason therefor;
(viii) Where a number of technical changes become necessary for a
system during the course of coordination, an attempt should be made to
minimize the number of separate notifications for these changes. Where
the changes are incorporated into a completely revised notice, the
items that were changed from the previous notice should be identified.
When changes are not numerous or complex, the party receiving the
changed notification should make an effort to respond in less than 30
days. When the notifying party believes a shorter response time is
reasonable and appropriate, it may be helpful for that party to so
indicate in the notice and perhaps suggest a response date;
(ix) If, after coordination is successfully completed, it is
determined that a subsequent change could have no impact on some
parties receiving the original notification, these parties must be
notified of the change and of the coordinator's opinion that no
response is required;
(x) Applicants, permittees and licensees should supply to all other
applicants, permittees and licensees within their areas of operations,
the name, address and telephone number of their coordination
representatives. Upon request from coordinating applicants, permittees
and licensees, data and information concerning existing or proposed
facilities and future growth plans in the area of interest should be
furnished unless such request is unreasonable or would impose a
significant burden in compilation;
(xi) Parties should keep other parties with whom they are
coordinating advised of changes in plans for facilities previously
coordinated. If applications have not been filed 6 months after
coordination was initiated, parties may assume that such frequency use
is no longer desired unless a second notification has been received
within 10 days of the end of the 6 month period. Renewal notifications
are to be sent to all originally notified parties, even if coordination
has not been successfully completed with those parties; and
(xii) Any frequency reserved by a licensee for future use in the
bands subject to this part must be released for use by another
licensee, permittee or applicant upon a showing by the latter that it
requires an additional frequency and cannot coordinate one that is not
reserved for future use.
(e) Where frequency conflicts arise between co-pending applications
in the Private Operational Fixed Point-to-Point Microwave, Common
Carrier Fixed Point-to-Point Microwave and Local Television
Transmission Services, it is the obligation of the later filing
applicant to amend his application to remove the conflict, unless it
can make a showing that the conflict cannot be reasonably eliminated.
Where a frequency conflict is not resolved and no showing is submitted
as to why the conflict cannot be resolved, the Commission may grant the
first filed application and dismiss the later filed application(s)
after giving the later filing applicant(s) 30 days to respond to the
proposed action.
(f) When the proposed facilities are to be operated in the band
12,500-12,700 MHz, applications must also follow the procedures in
Sec. 101.21 and the technical standards and requirements of part 25 of
this chapter as regards licensees in the Communication-Satellite
Service.

Sec. 101.105 Interference protection criteria.

(a) The interference protection criteria for fixed stations subject
to this part are as follows:
(1) To long-haul analog systems, employing frequency modulated
radio and frequency division multiplexing to provide multiple voice
channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not
exceed 5 pwpO (Picowatts of absolute noise power psophometrically
weighted (pwpO), appearing in an equivalent voice band channel of 300-
3400 Hz); or
(ii) Due to co-channel carrier-beat interference must not exceed 50
pwpO.
(2) To short-haul analog systems employing frequency modulated
radio and frequency division multiplexing to provide multiple voice
channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not
exceed 25 pwpO except in the 952-960 MHz band interference into single
link fixed relay and control stations must not exceed 250 pwpO per
exposure; or
(ii) Due to co-channel carrier-beat interference must not exceed 50
pwpO except in the 952-960 MHz band interference into single link fixed
relay and control stations must not exceed 1000 pwpO per exposure.
(3) FM-TV. In analog systems employing frequency modulated radio
that is modulated by a standard, television (visual) signal, the
allowable interference level per exposure may not exceed the levels
which would apply to long-haul or short-haul FM-FDM systems, as
outlined in paragraphs (b) (1) and (2) of this section, having a 600-
1200 voice channel capacity.
(b) In addition to the requirements of paragraph (a) of this
section the adjacent channel interference protection criteria to be
afforded, regardless of system length, or type of modulation,
multiplexing, or frequency band, must be such that the interfering
signal does not produce more than 1.0 dB degradation of the practical
threshold of the protected receiver. The ``practical threshold'' of the
protected receiver can be based upon the definition in TSB 10,
referenced in paragraph (c) of this section, or upon alternative
generally acceptable good engineering standards.
(c) Applying the Criteria.
(1) Guidelines for applying the interference protection criteria
for fixed stations subject to this part are specified in the
Telecommunications Industry Association's Telecommunications Systems
Bulletin TSB 10, ``Interference Criteria for Microwave Systems'' (TSB
10). Other procedures that follow generally acceptable good engineering
practices are also acceptable to the Commission.
(2) If TSB 10 guidelines cannot be used, the following interference
protection criteria may be used by calculating the ratio in dB between
the desired (carrier signal) and the undesired (interfering) signal (C/
I ratio) appearing at the input to the receiver under investigation
(victim receiver): Except as provided in Sec. 101.147 where the
applicants proposed facilities are of a type not included in paragraphs
(a) and (b) of this section or where the development of the carrier-to-
interference (C/I) ratio is not covered by generally acceptable
procedures, or where the applicant does not wish to develop the
carrier-to-interference ratio, the applicant must, in the absence of
criteria or a developed C/I ratio, employ the following C/I protection
ratios:
(i) Co-channel interference: Both sideband and carrier-beat,
applicable to all bands; the existing or previously authorized system
must be afforded a carrier to interfering signal protection ratio of at
least 90 dB except in the 952-

[[Page 26697]]

960 MHz band where it must be 75 dB; or
(ii) Adjacent channel interference: Applicable to all bands; the
existing or previously authorized system must be afforded a carrier to
interfering signal protection ratio of at least 56 dB.
(3) Applicants for frequencies listed in Sec. 101.147(b)(1) must
make the following showings that protection criteria have been met over
the entire service area of existing systems. Such showings may be made
by the applicant or may be satisfied by a statement from a frequency
coordinator.
(i) For multiple address stations in the 928-929/952-960 MHz bands,
a statement that the proposed system complies with the following co-
channel separations from all existing stations and pending
applications:

Fixed-to-fixed--145 km;
Fixed-to-mobile--113 km:
Mobile-to-mobile 81 km

Note to (3)(i): Multiple address systems employing only remote
stations will be treated as mobile for the purposes of determining
the appropriate separation. For mobile operation, the mileage is
measured from the reference point specified on the license
application. For fixed operation on subfrequencies in accordance
with Sec. 101.147 the mileage also is measured from the reference
point specified on the license application;

(ii) For multiple address stations in the 932-932.5/941-941.5 MHz
bands, a statement that the proposed system complies with the following
co-channel separation from all existing stations and pending
applications:

Fixed-to-fixed--113 Km

(iii) In cases where the geographic separation standard in
paragraphs (c)(3)(i) and (c)(3)(ii) of this section are not followed,
an engineering analysis must be submitted to show the coordination of
the proposed assignment with existing systems located closer than those
standards. The engineering analyses will include:
(A) Specification of the interference criteria and system
parameters used in the interference study;
(B) Nominal service areas of each system included in the
interference analysis.;
(C) Modified service areas resulting from the proposed system. The
propagation models used to establish the service boundary limits must
be specified and any special terrain features considered in computing
the interference impact should be described; and
(D) A statement that all parties affected have agreed to the
engineering analysis and will accept the calculated levels of
interference.
(4) Multiple address systems operating on subfrequencies in
accordance with Sec. 101.147 that propose to operate master stations at
unspecified locations must define the operating area by a radius about
a geographical coordinate and describe how interference to co-channel
users will be controlled.
(5) Multiple address frequencies in the 956 MHz band may be
assigned for use by mobile master stations on a primary basis. Multiple
address frequencies in the 952 MHz band may be assigned for use by
mobile master stations on a case-by-case basis. Mobile operation in the
952 MHz band will be on a secondary basis to fixed operations.
(6) Each application for new or modified nodal station on channels
numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band and all point-to-
multipoint channels in the 18 GHz band must demonstrate that all
existing co-channel stations are at least 56 kilometers from the
proposed nodal station site. Applicants for these channels must certify
that all licensees and applicants for stations on the adjacent channels
within 56 kilometers of the proposed nodal station have been notified
of the proposed station and do not object. Alternatively, or if one of
the affected adjacent channel interests does object, the applicant may
show that all affected adjacent channel parties are provided a C/I
protection ratio of 0 dB. An applicant proposing to operate at an AAT
greater than 91 meters must reduce its EIRP in accordance with the
following table; however, in no case may EIRP exceed 70 dBm on the 10.6
GHz channels.

------------------------------------------------------------------------
AAT (meters) EIRP dBm
------------------------------------------------------------------------
Above 300.................................................... +38
251 to 300................................................... 41
201 to 250................................................... 43
151 to 200................................................... 49
101 to 150................................................... 55
100 and below................................................ 85
------------------------------------------------------------------------

(7) Each application for new or modified nodal station on channels
numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an
analysis of the potential for harmful interference to all other
licensed and previously applied for co-channel and adjacent channel
station located within 80 kilometers of the location of the proposed
station. The criteria contained in Sec. 101.103(d)(2) must be used in
this analysis. Applicants must certify that copies of this analysis
have been served on all parties which might reasonably be expected to
receive interference above the levels set out in Sec. 101.103(d)(2)
within 5 days of the date the subject application is filed with the
Commission.
(8) If the potential interference will exceed the prescribed
limits, a statement shall be submitted with the application for new or
modified stations to the effect that all parties have agreed to accept
the higher level of interference.
(d) Effective August 1, 1985, when a fixed station that conforms to
the technical standards of this subpart (or, in the case of the 12,200-
12,700 MHz band, a direct broadcast satellite station) receives or will
receive interference in excess of the levels specified in this section
as a result of an existing licensee's use of non-conforming equipment
authorized between July 20, 1961 and July 1, 1976, and the interference
would not result if the interfering station's equipment complied with
the current technical standards, the licensee of the non-conforming
station must take whatever steps are necessary to correct the situation
up to the point of installing equipment which fully conforms to the
technical standards of this subpart. In such cases, if the engineering
analysis demonstrates that:
(1) The conforming station would receive interference from a non-
conforming station in excess of the levels specified in this section;
and
(2) The interference would be eliminated if the non-conforming
equipment were replaced with equipment which complies with the
standards of this subpart, the licensee (or prospective licensee) of
the station which would receive interference must provide written
notice of the potential interference to both the non-conforming
licensee and the Commission's office in Gettysburg, PA. The non-
conforming licensee must make all required equipment changes within 180
days from the date of official Commission notice informing the licensee
that it must upgrade its equipment, unless an alternative solution has
been agreed to by all parties involved in the interference situation.
If a non-conforming licensee fails to make all required changes within
the specified period of time, the Commission may require the licensee
to suspend operation until the changes are completed.
(e) Interference Dispute Resolution Procedures. Should a licensee
licensed under this part receive harmful interference from another
licensee licensed under this chapter, the parties involved shall comply
with the dispute resolution procedures set forth herein:

[[Page 26698]]

(1) The licensee experiencing the harmful interference shall notify
the licensee believed to be causing the harmful interference and shall
supply information describing its problem and supporting its claim;
(2) Upon receipt of the harmful interference notice, the licensee
alleged to be causing the harmful interference shall respond
immediately and make every reasonable effort to identify and resolve
the conflict; and
(3) Licensees are encouraged to resolve the harmful interference
prior to contacting the Commission.

Sec. 101.107 Frequency tolerance.

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

------------------------------------------------------------------------
Frequency Tolerance (percent)
--------------------------------------
Mobile Mobile
Frequency (MHz) All fixed stations stations 3
and base over 3 watts or
stations watts less
------------------------------------------------------------------------
928 to 929 \2\ \5\............... 0.0005 ........... ...........
932 to 932.5 \2\................. 0.00015 ........... ...........
932.5 to 935 \2\................. 0.00025 ........... ...........
941 to 941.5..................... 0.00015 ........... ...........
941.5 to 944..................... 0.00025 ........... ...........
952 to 960 \7\................... ........... ........... ...........
944.0 to 1,000................... 0.0005 0.0005 0.0005
1,850 to 1,990................... 0.002 ........... ...........
2,110 to 2,200................... 0.001 ........... ...........
2,200 to 12,200 \1\ \3\.......... 0.005 0.005 0.005
2,450 to 2,500................... 0.001 ........... ...........
3,700 to 4,200................... 0.005 ........... ...........
5,925 to 6,875................... 0.005 ........... ...........
10,550 to 11,700................. 0.005 ........... ...........
12,200 to 13,250 \6\............. 0.005 ........... ...........
12,200 to 17,700................. 0.03 0.03 0.03
17,700 to 18,820 \4\ \5\......... 0.003 ........... ...........
18,820 to 18,920 \4\ \5\......... 0.001 ........... ...........
18,920 to 19,700 \4\ \5\......... 0.003 ........... ...........
19,700 to 40,000 \6\............. 0.03 0.03 0.03
------------------------------------------------------------------------
\1\ Applicable only to common carrier LTTS stations. Beginning Aug. 9,
1975, this tolerance will govern the marketing of LTTS equipment and
the issuance of all such authorizations for new radio equipment. Until
that date new equipment may be authorized with a frequency tolerance
of .03 percent in the frequency range 2,200 to 10,500 MHz and .05
percent in the range 10,500 MHz to 12,200 MHz, and equipment so
authorized may continue to be used for its life provided that it does
not cause interference to the operation of any other licensee.
\2\ Equipment authorized to be operated on frequencies between 890 and
940 MHz as of Oct. 15, 1956, must maintain a frequency tolerance
within 0.03 percent subject to the condition that no harmful
interference is caused to any other radio station.
\3\ See subpart G of this part for the stability requirements for
transmitters used in the Digital Electronic Message Service.
\4\ Existing type accepted equipment with a frequency tolerance of 0.03% may be marketed until December 1, 1988. Equipment
installed and operated prior to December 1, 1988 may continue to
operate after that date with a minimum frequency tolerance of 0.03%. However, the replacement of equipment requires that the
0.003% tolerance be met.
\5\ For remote stations with 12.5 KHz bandwidth, the tolerance is 0.00015%.
\6\ Applicable to private operational fixed point-to-point microwave
only. For exceptions see Sec. 101.147.
\7\ For private operational fixed point-to-point microwave systems, with
a channel greater than or equal to 50 KHz bandwidth, 0.0005%; for multiple address master stations, regardless of
bandwidth, 0.00015%; for multiple address remote stations
with 12.5 KHz bandwidths, 0.00015%; for multiple address
remote stations with channels greater than 12.5 KHz bandwidth, 0.0005%.

(b) Heterodyne microwave radio systems may be authorized at a
somewhat less restrictive frequency tolerance (up to .01 percent) to
compensate for frequency shift caused by numerous repeaters between
base band signal insertion. Where such relaxation is sought, applicant
must provide all calculations and indicate the desired tolerance over
each path. In such instances the radio transmitters and receivers used
must individually be capable of complying with the tolerance specified
in paragraph (a) of this section. Heterodyne operation is restricted to
channel bandwidth of 10 MHz or greater.
(c) As an additional requirement in any band where the Commission
makes assignments according to a specified channel plan, provisions
must be made to prevent the emission included within the occupied
bandwidth from radiating outside the assigned channel at a level
greater than that specified in Sec. 101.111.

Sec. 101.109 Bandwidth.

(a) Each authorization issued pursuant to these rules will show, as
the emission designator, a symbol representing the class of emission
which must be prefixed by a number specifying the necessary bandwidth.
This figure does not necessarily indicate the bandwidth actually
occupied by the emission at any instant. In those cases where part 2 of
this chapter does not provide a formula for the computation of the
necessary bandwidth, the occupied bandwidth may be used in the emission
designator.
(b) Stations in this service will be authorized any type of
emission, method of modulation, and transmission characteristic,
consistent with efficient use of the spectrum and good engineering
practice, except that Type B, damped-wave emission will not be
authorized.
(c) The maximum bandwidth which will be authorized per frequency
assigned is set out in the table that follows. Regardless of the
maximum authorized bandwidth specified for each frequency band, the
Commission reserves the right to issue a license for less than the
maximum bandwidth if it

[[Page 26699]]

appears that a lesser bandwidth would be sufficient to support an
applicant's intended communications.

------------------------------------------------------------------------
Frequency band (MHz) Maximum authorized bandwidth
------------------------------------------------------------------------
928 to 929................................ 25 KHz \1\ \6\
932 to 932.5, 941 to 941.5................ 12.5 KHz \1\
932.5 to 935, 941.5 to 944................ 200 KHz \1\
952 to 960................................ 200 KHz \1\ \5\
1,850 to 1,990............................ 10 MHz \1\
2,110 to 2,130............................ 3.5 MHz
2,130 to 2,150............................ 800 or 1600 KHz \1\
2,150 to 2,160............................ 10 MHz
2,160 to 2,180............................ 3.5 MHz
2,180 to 2,200............................ 800 or 1600 KHz \1\
2,450 to 2,483.5.......................... 625 KHz \2\
2,483.5 to 2,500.......................... 800 KHz
3,700 to 4,200............................ 20 MHz
5,925 to 6,425............................ 30 MHz \1\
6,425 to 6,525............................ 25 MHz
6,525 to 6,875............................ 10 MHz \1\
10,550 to 10,680.......................... 5 MHz \1\
10,700 to 11,700.......................... 40 MHz \1\
12,200 to 12,700.......................... 20 MHz \1\
13,200 to 13,250.......................... 25 MHz
17,700 to 18,140.......................... 220 MHz \1\
18,140 to 18,142.......................... 2 MHz
18,142 to 18,580.......................... 6 MHz
18,580 to 18,820.......................... 20 MHz \1\
18,820 to 18,920.......................... 10 MHz
18,920 to 19,160.......................... 20 MHz \1\
19,160 to 19,260.......................... 10 MHz
19,260 to 19,700.......................... 220 MHz \1\
21,200 to 23,600.......................... 100 MHz \4\
27,500 to 29,500.......................... 220 MHz
31,000 to 31,300.......................... 25 or 50 MHz
38,600 to 40,000.......................... 50 MHz Bands above 40,000
\3\
------------------------------------------------------------------------
\1\ The maximum bandwidth that will be authorized for each particular
frequency in this band is detailed in the appropriate frequency table
in Sec. 101.147.
\2\ 1250 KHz, 1875 KHz, or 2500 KHz on a case-by-case basis.
\3\ To be specified in authorization.
\4\ For exceptions, see Sec. 101.147(t).
\5\ A 12.5 KHz bandwidth applies only to frequencies listed in Sec.
101.147(b)(1).
\6\ For frequencies listed in Sec. 101.147(b)(1), consideration will be
given on a case-by-case basis to authorizing bandwidths up to 50 KHz.

Sec. 101.111 Emission limitations.

(a) The mean power of emissions must be attenuated below the mean
output power of the transmitter in accordance with the following
schedule:
(1) When using transmissions other than those employing digital
modulation techniques:
(i) On any frequency removed from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth: At least 25 decibels;
(ii) On any frequency removed from the assigned frequency by more
than 100 percent up to and including 250 percent of the authorized
bandwidth: At least 35 decibels;
(iii) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: At least 43+10 Log10
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.
(2) When using transmissions employing digital modulation
techniques (see Sec. 101.141(b)) in situations not covered in this
section:
(i) For operating frequencies below 15 GHz, in any 4 KHz band, the
center frequency of which is removed from the assigned frequency by
more than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 50 decibels:
A=35+0.8(P-50)+10 Log10B. (Attenuation greater than 80 decibels is
not required.)

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

(ii) For operating frequencies above 15 GHz, in any 1 MHz band, the
center frequency of which is removed from the assigned frequency by
more than 50 percent up to and including 250 percent of the authorized
bandwidth: As specified by the following equation but in no event less
than 11 decibels:

A=11+0.4(P-50)+10 Log10B. (Attenuation greater than 56 decibels is
not required.)

(iii) In any 4 KHz band, the center frequency of which is removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: At least 43+10 Log10 (mean output power in watts)
decibels, or 80 decibels, whichever is the lesser attenuation.
(3) For Digital Termination System channels used in the Digital
Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz
band:
(i) In any 4 KHz band, the center frequency of which is removed
from the edge of the DEMS channel by up to and including 1.125 times
the DEMS subchannel bandwidth: As specified by the following equation
may in no event be less than 50+10 log10 N decibels:
A=50+0.0333 (F-0.5B)+10 log10 N decibels
Where:
A=Attenuation (in decibels) below means output power level contained
within the DEMS channel for a given polarization.
B=Bandwidth of DEMS channel (in KHz).
F=Absolute value of the difference between the center frequency of the
4 KHz band measured and the center frequency of the DEMS channel (in
KHz).
N=Number of active subchannels of the given polarization within the
DEMS channel.

(ii) In any 4 KHz band within the authorized DEMS band the center
frequency of which is removed from the center frequency of the DEMS
channel by more than the sum of 50% of the DEMS channel bandwidth plus
1.125 times the subchannel bandwidth: As specified by the following
equation but in no event less than 80 decibels:

A=80+10 log10 N decibels

(iii) In any 4 KHz band the center frequency of which is outside
the authorized DEMS band: At least 43+10 log10 (mean output power
in watts) decibels.
(4) For Digital Termination System channels used in the Digital
Electronic Message Service (DEMS) operating in the 17,700-19,700 MHz
band:
(i) In any 4 KHz band, the center frequency of which is removed
from the frequency of the center of the DEMS channel by more than 50
percent of the DEMS channel bandwidth up to and including 50 percent
plus 500 KHz: As specified by the following equation but in no event be
less than 50+10 log10 N decibels:
A=50+0.06 (F-0.5B)+10 log10 N decibels
Where:
A=Attenuation (in decibels) below means output power level contained
within the DEMS channel for a given polarization.
B=Bandwidth of DEMS channel (in KHz).
F=Absolute value of the difference between the center frequency of the
4 KHz band measured and the center frequency of the DEMS channel (in
KHz).
N=Number of active subchannels of the given polarization within the
DEMS channel.
(ii) In any 4 KHz band within the authorized DEMS band, the center
frequency of which is removed from the center frequency of the DEMS
channel by more than the sum of 50 percent of the channel bandwidth
plus 500 KHz: As specified by the following equation but in no event
less than 80 decibels:

A=80+10 log10 N decibels

(iii) In any 4 KHz band the center frequency of which is outside
the authorized Digital Message Service band: At least 43+10 log10
(mean output power in watts) decibels.
(5) When using transmissions employing digital modulation
techniques on the 900 MHz multiple address frequencies with a 12.5 KHz

[[Page 26700]]

bandwidth, the power of any emission must be attenuated below the
unmodulated carrier power of the transmitter (P) in accordance with the
following schedule:
(i) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz
up to and including 6.25 KHz: At least 53 log10 (fd/2.5) decibels;
(ii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz
up to and including 9.5 KHz: At least 103 log10 (fd/3.9) decibels;
(iii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz
up to and including 15 KHz: At least 157 log10 (fd/5.3) decibels;
and
(iv) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency greater than 15 KHz: At least 50
plus 10 log10(P) or 70 decibels, whichever is the lesser
attenuation.
(6) When using transmissions employing digital modulation
techniques on the 900 MHz multiple address frequencies with a bandwidth
greater than 12.5 KHz, the power of any emission must be attenuated
below the unmodulated carrier power of the transmitter (P) in
accordance with the following schedule:
(i) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up
to and including 10 KHz: At least 83 log10 (fd/5) decibels;
(ii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz
up to and including 250 percent of the authorized bandwidth: At least
116 log10 (fd/6.1) decibels or 50 plus 10 log10 (P) or 70
decibels, whichever is the lesser attenuation; and
(iii) On any frequency removed from the center of the authorized
bandwidth by more that 250 percent of the authorized bandwidth: At
least 43 plus 10 log10 (output power in watts) decibels or 80
decibels, whichever is the lesser attenuation.
(b) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in paragraph (a) of this section.
(c) The emission of an unmodulated carrier is prohibited except for
test purposes as required for proper station and system maintenance.

Sec. 101.113 Transmitter power limitations.

(a) On any authorized frequency, the average power delivered to an
antenna in this service must be the minimum amount of power necessary
to carry out the communications desired. Application of this principle
includes, but is not to be limited to, requiring a licensee who
replaces one or more of its antennas with larger antennas to reduce its
antenna input power by an amount appropriate to compensate for the
increased primary lobe gain of the replacement antenna(s). In no event
shall the average equivalent isotropically radiated power (EIRP), as
referenced to an isotropic radiator, exceed the values specified below.
In cases of harmful interference, the Commission may, after notice and
opportunity for hearing, order a change in the effective radiated power
of this station. Further, the output power of a transmitter on any
authorized frequency in this service may not exceed the following:

------------------------------------------------------------------------
Maximum allowable
EIRP \1\ \2\
Frequency Band (MHz) ---------------------
Fixed Mobile
(dBW) (dBW)
------------------------------------------------------------------------
928.0 to 929.0.................................... +17 .........
932.0 to 932.5.................................... +17 .........
932.5 to 935.0.................................... +40 .........
941.0 to 941.5.................................... +30 .........
941.5 to 944.0.................................... +40 .........
952.0 to 960.0 \2\................................ +40 .........
1,850 to 1,990.................................... +45 .........
2,110 to 2,130.................................... +45 .........
2,130 to 2,150.................................... +45 .........
2,150 to 2,160 \3\................................ +45 .........
2,160 to 2,180 \3\................................ +45 .........
2,180 to 2,200.................................... +45 .........
2,450 to 2,500.................................... +45 .........
2,500 to 2,686 \4\................................ ......... .........
2,686 to 2,690 \4\................................ +45 .........
3,700 to 4,200.................................... +55 .........
5,925 to 6,425 \4\................................ +55 .........
6,425 to 6,525 \4\................................ ......... +35
6,525 to 6,875 \4\................................ +55 .........
10,550 to 10,680 \5\.............................. +55 .........
10,700 to 11,700.................................. +55 .........
12,200 to 12,700.................................. +50 .........
12,700 to 13,250 \4\.............................. +50 .........
17,700 to 18,600.................................. +55 .........
18,600 to 18,800 \6\.............................. +35 .........
18,800 to 19,700.................................. +55 .........
21,200 to 23,600 \7\.............................. \5\ +55 .........
27,500 to 29,500.................................. +55 .........
31,000 to 31,300.................................. (\8\) (\8\)
38,600 to 40,000.................................. +55 .........
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiple address operations, see Sec. 101.147. Remote alarm
units that are part of a multiple address central station protection
system are authorized a maximum of 2 watts.
\3\ When an omnidirectional antenna is authorized in the 2150-2160 MHz
band, the maximum power shall be 60 dBm.
\4\ Also, see Sec. 101.145.
\5\ The output power of a DEMS System nodal transmitter shall not exceed
0.5 watts per 250 KHz. The output power of a DEMS System user
transmitter shall not exceed 0.04 watts per 250 KHz. The transmitter
power in terms of the watts specified is the peak envelope power of
the emission measured at the associated antenna input port. The
operating power shall not exceed the authorized power by more than 10
percent of the authorized power in watts at any time.
\6\ Maximum power delivered to the antenna shall not exceed -3 dBW.
\7\ Also, see Sec. 101.147(t).
\8\ The maximum transmit power is 0.05 watts.

(b) The power of transmitters that use Automatic Transmitter Power
Control shall not exceed the power input or output specified in the
instrument of station authorization. The power of non-ATPC transmitters
shall be maintained as near as practicable to the power input or output
specified in the instrument of station authorization.

Sec. 101.115 Directional antennas.

(a) Unless otherwise authorized upon specific request by the
applicant, each station authorized under the rules of this part must
employ a directional antenna adjusted with the center of the major lobe
of radiation in the horizontal plane directed toward the receiving
station with which it communicates: provided, however, where a station
communicates with more than one point, a multi- or omni-directional
antenna may be authorized if necessary. New Periscope antenna systems
will not, under ordinary circumstances, be authorized.
(b) Stations operating below 932.5 MHz that are required to use
directional antennas must employ antennas meeting the standards
indicated below. (Maximum beamwidth is for the major lobe of radiation
at the half power points. Suppression is the minimum attenuation
required for any secondary lobe signal and is referenced to the maximum
signal in the main lobe.)

------------------------------------------------------------------------
Maximum
Frequency range beamwidth Suppression
(degrees) (dB)
------------------------------------------------------------------------
512 to 932.5 MHz................................ 20 13
------------------------------------------------------------------------

(c) Fixed stations (other than temporary fixed stations and DEMS
nodal stations) operating at 932.5 MHz or higher must employ
transmitting and receiving antennas (excluding second receiving
antennas for operations such as space diversity) meeting the
appropriate performance Standard A indicated below, except that in
areas not subjected to frequency congestion antennas meeting
performance Standard B may be used subject to the

[[Page 26701]]

requirements set forth in paragraph (d) of this section.

Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum Minimum radiation suppression to angle in degrees from centerline of main
beam beam in decibels
width to Minimum ----------------------------------------------------------------------------
3 dB antenna
Frequency (MHz) Category points gain 10 deg. 15 deg. 20 deg. 30 deg. 100 deg. 140 deg.
(included (dbi) 5 deg. to to 15 to 20 to 30 to 100 to 140 to 180
angles in 10 deg.* deg.* deg.* deg.* deg.* deg.* deg.*
degrees)
--------------------------------------------------------------------------------------------------------------------------------------------------------
932.5 to 935....................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
941.5 to 944....................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
952 to 960 ^{8, ^{9.................... A 14.0 N/A ......... 6 11 14 17 20 24
B 20.0 N/A ......... ......... 6 10 13 15 20
1,850 to 2,500 \11\ A 5.0 N/A 12 18 22 25 29 33 39
B 8.0 N/A 5 18 20 20 25 28 36
3,700 to 4,200..................... A N/A 36 23 29 33 36 42 55 55
B N/A 36 20 24 28 32 32 32 32
5,925 to 6,425 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 21 25 29 32 35 39 45
5,925 to 6,425 \6\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
6,525 to 6,875 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 21 25 29 32 35 39 45
6,525 to 6,875 \6\ A 1.5 N/A 26 29 32 34 38 41 49
B 2.0 N/A 21 25 29 32 35 39 45
10,550 to 10,680 ^{4, ^{5 A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 35 39
10,550 to 10,680 \6\ A 3.4 34 20 24 28 32 35 55 55
B 3.4 34 20 24 28 32 35 35 39
10,565 to 10,615 \7\ N/A 360 N/A N/A N/A N/A N/A N/A N/A N/A
10,630 to 10,680 \7\ N/A N/A 34 20 24 28 32 35 36 36
10,700 to 11,700 \5\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
12,200 to 13,250 \12\ A 1.0 N/A 23 28 35 39 41 42 50
B 2.0 N/A 20 25 28 30 32 37 47
17,700 to 18,820 A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
18,920 to 19,700 \1\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
21,200 to 23,600 \10\ A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
31,000 to 31,300 ^{2, ^{3 N/A 4.0 38 N/A N/A N/A N/A N/A N/A N/A
Above 31,300....................... A N/A 38 25 29 33 36 42 55 55
B N/A 38 20 24 28 32 35 36 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
*\1\ DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum beamwidth
requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards.
\2\ The minimum front-to-back ratio must be 38 dBi.
\3\ Mobile, except aeronautical mobile, stations need not comply with these standards.
\4\ Except for antennas between 140 deg. and 180 deg. authorized or pending on January 1, 1989, in the band 10,550 to 10,565 MHz for which minimum
radiation to suppression to angle (in degrees) from centerline of main beam is 36 decibels.
\5\ These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that date
are grandfathered and need not comply with these standards.
\6\ These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997.
\7\ These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993.
\8\ Except for Multiple Address System frequencies listed in where omnidirectional antennas may be used.
\9\ Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards: (i) The minimum on-
beam forward gain must be at least 10 dBi; and (ii) the minimum front-to-back ratio must be at least 20 dB.
\10\ Except as provided in Sec. 101.147(t). Note to paragraph (10): Stations must employ an antenna that meets the performance standards for Category
A, except that in areas not subject to frequency congestion, antennas meeting standards for Category B may be employed. Note, however, that the
Commission may require the use of high performance antennas where interference problems can be resolved by the use of such antennas.
\11\ Omnidirectional antennas may be authorized in the band 2150-2160 MHz.
\12\ Except for temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in Sec. 101.147(q).

(d) The Commission shall require the replacement of any antenna or
periscope antenna system of a permanent fixed station operating at
932.5 MHz or higher that does not meet performance Standard A specified
in paragraph (c) of this section, at the expense of the licensee
operating such antenna, upon a showing that said antenna causes or is
likely to cause interference to (or receive interference from) any
other authorized or applied for station whereas a higher performance
antenna is not likely to involve such interference. Antenna performance
is expected to meet the standards of paragraph (c) of this section for
parallel polarization. For cases of potential interference, an antenna
will

[[Page 26702]]

not be considered to meet Standard A unless the parallel polarization
performance for the discrimination angle involved meets the
requirements, even if the cross-polarization performance controls the
interference.
(e) In cases where passive reflectors are employed in conjunction
with transmitting antenna systems, the foregoing paragraphs of this
section also will be applicable. However, in such instances, the center
of the major lobe of radiation from the antenna normally must be
directed at the passive reflector, and the center of the major lobe of
radiation from the passive reflector directed toward the receiving
station with which it communicates.
(f) Periscope antennas used at an electric power facility plant
area will be excluded from the requirements of paragraph (c) of this
section on a case-by-case basis where technical considerations or
safety preclude the use of other types of antenna systems.
(g) In the event harmful interference is caused to the operation of
other stations, the Commission may, after notice and opportunity for
hearing, order changes to be made in the height, orientation, gain and
radiation pattern of the antenna system.

Sec. 101.117 Antenna polarization.

Except as set forth herein, stations operating in the radio
services included in this part are not limited as to the type of
polarization of the radiated signal, provided, however, that in the
event interference in excess of permissible levels is caused to the
operation of other stations the Commission may, after notice and
opportunity for hearing, order the licensee to change the polarization
of the radiated signal. No change in polarization may be made without
prior authorization from the Commission. Unless otherwise allowed, only
linear polarization (horizontal or vertical) shall be used.

Sec. 101.119 Simultaneous use of common antenna structures.

The simultaneous use of common antenna structures by more than one
radio station, or by one of more domestic public radio stations and one
or more stations of any other class or service, may be authorized:
provided, however, that each licensee or user of any such structure is
responsible for maintaining the structure, and for painting and
illuminating the structure when obstruction marking is required by the
Commission. (See Sec. 101.21(a).)

Sec. 101.121 Marking of antenna structures.

The owner of each antenna structure required to be painted and/or
illuminated under the provision of section 303(q) of the Communications
Act of 1934, as amended, shall operate and maintain the antenna
structure painting and lighting in accordance with part 17 of this
chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting. For
complete regulations relative to antenna marking requirements, see part
17 of this chapter.

Sec. 101.123 Quiet zones.

Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to radio
frequency interference.
(a) In order to minimize possible harmful interference at the
National Radio Astronomy Observatory site located at Green Bank,
Pocohontas County, W. Va., and at the Naval Radio Research Observatory
site at Sugar Grove, Pendleton County, W. Va., any applicant for a
station authorization other than temporary-fixed seeking a station
license for a new station or to modify an existing station in a manner
which would change either the frequency, power, antenna height or
directivity, or location of such a station within the area boarded by
39 deg.15' N. on the north, 78 deg.30' W. on the east, 37 deg.30' N. on
the south, and 80 deg.30' W. on the west must at the time of filing
such application with the Commission, simultaneously notify the
Director, National Radio Astronomy Observatory, Post Office Box No. 2,
Green Bank, W. Va. 24944, in writing, of the technical particulars of
the proposed station. Such notification must include the geographical
coordinates of the antenna, antenna height, antenna directivity if any,
proposed frequency, type of emission and power. In addition, the
applicant must indicate in his application to the Commission the date
notification was made to the Observatory. After receipt of such
applications, the Commission will allow a period of twenty (20) days
for comments or objections in response to the notifications indicated.
If an objection to the proposed operation is received during the 20-day
period from the National Radio Astronomy Observatory for itself or on
behalf of the Naval Radio Research Observatory, the Commission will
consider all aspects of the problem and take whatever action is deemed
appropriate.
(b) Protection for Table Mountain Radio Receiving Zone, Boulder
County, Colorado. Applicants for a station authorization to operate in
the vicinity of Boulder County, Colorado under this part are advised to
give due consideration, prior to filing applications, to the need to
protect the Table Mountain Radio Receiving Zone from harmful
interference. These are the research laboratories of the Department of
Commerce, Boulder County, Colorado. To prevent degradation of the
present ambient radio signal level at the site, the Department of
Commerce seeks to ensure that the field strengths of any radiated
signals (excluding reflected signals) received on this 1800 acre site
(in the vicinity of coordinates 40 deg.07'50'' N. Latitude,
105 deg.14'40'' W. Longitude), resulting from new assignments or from
the modification or relocation of existing facilities do not exceed 1
mV/m in the authorized bandwidth of service. (A field strength of 1 mV/
m is equivalent to a power flux density of 85.8 dBW/M\2\ assuming a
free-space characteristic impedance of 376.7 ohms.)
(1) Advance consultation is recommended particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figures would be exceeded by their
proposed radio facilities. In such instances, the following is a
suggested guide for determining whether coordination is recommended:
(i) All stations within 2.4 km;
(ii) Stations within 4.8 km with 50 watts or more effective
radiated power (ERP) in the primary plane of polarization in the
azimuthal direction of the Table Mountain Receiving Zone;
(iii) Stations within 16 km with 1 kW or more ERP in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Receiving Zone; or
(iv) Stations within 80 km with 25 kW or more ERP in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Receiving Zone.
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services, NOAA/R/E5X2, Boulder Laboratories, Boulder CO 80303;
telephone (303) 497-6548, in advance of filing their applications with
the Commission.
(3) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants are
advised that such consultation can avoid objections from the Department
of Commerce or proceedings to modify any authorization which may be
granted which, in fact,

[[Page 26703]]

delivers a signal at the site in excess of the field strength specified
herein.
(c) Protection for Federal Communications Commission monitoring
stations:
(1) Applicants in the vicinity of an FCC monitoring station for a
radio station authorization to operate new transmitting facilities or
changed transmitting facilities which would increase the field strength
produced over the monitoring station over that previously authorized
are advised to give consideration, prior to filing applications, to the
possible need to protect the FCC stations from harmful interference.
Geographical coordinates of the facilities which require protection are
listed in Sec. 0.121(c) of this chapter. Applications for stations
(except mobile stations) which will produce on any frequency a direct
wave fundamental field strength of greater than 10 mV/m in the
authorized bandwidth of service (-65.8 dBW/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) 418-1100.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether
an applicant should coordinate:
(i) All stations within 2.4 kilometers;
(ii) Stations within 4.8 kilometers with 50 watts or more average
effective radiated power (ERP) in the primary plane of polarization in
the azimuthal direction of the Monitoring Stations;
(iii) Stations within 16 kilometers with 1 kW or more average ERP
in the primary plane of polarization in the azimuthal direction of the
Monitoring Station; or
(iv) Stations within 80 kilometers with 25 kW or more average ERP
in the primary plane of polarization in the azimuthal direction of the
Monitoring Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of this chapter and also meets the criteria outlined in
paragraphs (c)(2) and (c)(3) of this section.
(5) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants are
advised that such consultation can avoid objections from the Federal
Communications Commission or modification of any authorization which
will cause harmful interference.

Sec. 101.125 Temporary fixed antenna height restrictions.

The overall antenna structure heights employed by mobile stations
in the Local Television Transmission Service and by stations authorized
to operate at temporary fixed locations may not exceed the height
criteria set forth in Sec. 17.7 of this chapter, unless in each
instance, authorization for use of a specific maximum antenna height
(above ground and above mean sea level) for each location has been
obtained from the Commission prior to erection of the antenna. Requests
for such authorization must show the inclusive dates of the proposed
operation. (Complete information as to rules concerning the
construction, marking and lighting of antenna structures is contained
in part 17 of this chapter.)

Sec. 101.127 Topographical data.

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

Sec. 101.129 Transmitter location.

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

Sec. 101.131 Transmitter construction and installation.

(a) The equipment at the operating and transmitting positions must
be so installed and protected that it is not accessible to, or capable
of being operated by, persons other than those duly authorized by the
licensee.
(b) In any case where the maximum modulating frequency of a
transmitter is prescribed by the Commission, the transmitter must be
equipped with a low-pass or band-pass modulation filter

[[Page 26704]]

of suitable performance characteristics. In those cases where a
modulation limiter is employed, the modulation filter must be installed
between the transmitter stage in which limiting is effected and the
modulated stage of the transmitter.
(c) Each transmitter employed in these services must be equipped
with an appropriately labeled pilot lamp or meter which will provide
continuous visual indication at the transmitter when its control
circuits have been placed in a condition to activate the transmitter.
In addition, facilities must be provided at each transmitter to permit
the transmitter to be turned on and off independently of any remote
control circuits associated therewith.
(d) At each transmitter control point the following facilities must
be installed:
(1) A carrier operated device which will provide continuous visual
indication when the transmitter is radiating, or, in lieu thereof, a
pilot lamp or meter which will provide continuous visual indication
when the transmitter control circuits have been placed in a condition
to activate the transmitter; and
(2) Facilities which will permit the operator to turn transmitter
carrier on and off at will.
(e) Transmitter control circuits from any control point must be so
installed that grounding or shorting any line in the control circuit
will not cause the transmitter to radiate: provided, however, That this
provision will not be applicable to control circuits of stations which
normally operate with continuous radiation or to control circuits which
are under the effective operational control of responsible operating
personnel 24 hours per day.

Sec. 101.133 Limitations on use of transmitters.

(a) Transmitters licensed for operation in Common Carrier services
may be concurrently licensed or used for non-common carrier
communication purposes. Mobile units may be concurrently licensed or
used for non-common carrier communication purposes provided that the
transmitter is type-accepted for use in each service.
(b) Private operational fixed point-to-point microwave stations
authorized in this service may communicate with associated operational-
fixed stations and fixed receivers and with units of associated
stations in the mobile service licensed under Private Radio Service
rule parts. In addition, intercommunication is permitted with other
licensed stations and with U.S. Government stations in those cases
which require cooperation or coordination of activities or when
cooperative use arrangements in accordance with Sec. 101.135 are
contemplated; provided, however, that where communication is desired
with stations authorized to operate under the authority of a foreign
jurisdiction, prior approval of this Commission must be obtained; And
provided further, That the authority under which such other stations
operate does not prohibit the intercommunication.
(c) Two or more persons or governmental entities eligible for
private operational fixed point-to-point microwave licenses may use the
same transmitting equipment under the following terms and conditions:
(1) Each licensee complies with the general operating requirements
set out in this part;
(2) Each licensee is eligible for the frequency(ies) on which the
facility operates; and
(3) Each licensee must have the ability to access the
transmitter(s) that it is authorized to operate under the multiple
licensing arrangement.

Sec. 101.135 Shared use of radio stations and the offering of private
carrier service.

Licensees of Private Operational Fixed Point-to-Point Microwave
radio stations may share the use of their facilities on a non-profit
basis or may offer service on a for-profit private carrier basis,
subject to the following conditions and limitations:
(a) Persons or governmental entities licensed to operate radio
systems on any of the private radio frequencies set out in Sec. 101.101
may share such systems with, or provide private carrier service to, any
eligible for licensing under this part, regardless of individual
eligibility restrictions, provided that the communications being
carried are permissible under Sec. 101.603. In addition, persons or
governmental entities licensed to operate low power systems under the
provisions of Sec. 101.147(r)(10) may share such systems with, or
provide private carrier services to, Federal Government entities,
provided the communications carried are permissible under Sec. 101.603;
(b) The licensee must maintain access to and control over all
facilities authorized under its license;
(c) All sharing and private carrier arrangements must be conducted
pursuant to a written agreement to be kept as part of the station
records; and
(d) The licensee must keep an up-to-date list of system sharers and
private carrier subscribers and the basis of their eligibility under
this part. Such records must be kept current and must be made available
upon request for inspection by the Commission.

Sec. 101.137 Interconnection of private operational fixed point-to-
point microwave stations.

Private operational fixed point-to-point microwave stations may be
interconnected with facilities of common carriers subject to applicable
tariffs.

Sec. 101.139 Authorization of transmitters.

(a) Except for transmitters used at developmental stations or for
fixed point-to-point operation pursuant to subparts H and I of this
part, each transmitter must be a type which has been type accepted by
the Commission for use under the applicable rules of this part.
Transmitters used in the private operational fixed and common carrier
fixed point-to-point microwave services under subparts H and I of this
part must be of a type that has been either notified or type accepted
by the Commission (see Sec. 2.904(d) of this chapter). Effective March
5, 1984, only grants of notification will be issued for transmitters
used exclusively for fixed point-to-point operation. Transmitters
designed for use in the 31.0 to 31.3 GHz band will be authorized under
the notification procedure.
(b) Any manufacturer of a transmitter to be produced for use under
the rules of this part may request type acceptance or notification by
following the applicable procedures set forth in part 2 of this
chapter. Type accepted and notified transmitters are included in the
Commission's Radio Equipment List. Copies of this list are available
for inspection at the Commission's office in Washington, DC and at each
of its field offices.
(c) Type acceptance or notification for an individual transmitter
may also be requested by an applicant for a station authorization,
pursuant to the procedures set forth in part 2 of this chapter. An
individual transmitter will not normally be included in the Radio
Equipment List but will be enumerated on the station authorization.
(d) A transmitter presently shown on an instrument of
authorization, which operates on an assigned frequency in the 890-940
MHz band and has not been type accepted, may continue to be used by the
licensee without type acceptance provided such transmitter continues
otherwise to comply with the applicable rules and regulations of the
Commission.
(e) Type acceptance or notification is not required for portable
transmitters operating with peak output power not greater than 250 mW.
If operation of

[[Page 26705]]

such equipment causes harmful interference the FCC may, at its
discretion, require the licensee to take such corrective action as is
necessary to eliminate the interference.
(f) After July 15, 1996, the manufacture (except for export) or
importation of equipment employing digital modulation techniques in the
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz
bands must meet the minimum payload capacity requirements of
Sec. 101.141.

Sec. 101.141 Microwave modulation.

(a) Microwave transmitters employing digital modulation techniques
and operating below 19.7 GHz must, with appropriate multiplex
equipment, comply with the following additional requirements:
(1) The bit rate, in bits per second, must be equal to or greater
than the bandwidth specified by the emission designator in Hertz (e.g.,
to be acceptable, equipment transmitting at a 20 Mb/s rate must not
require a bandwidth of greater than 20 MHz), except the bandwidth used
to calculate the minimum rate may not include any authorized guard
band.

Note to (a)(1): Systems authorized prior to December 1, 1988,
may install equipment after that date with no minimum bit rate.

(2) Equipment to be used for voice transmission placed in service,
authorized, or applied for on or before June 1, 1997 in the 2110 to
2130 and 2160 to 2180 MHz bands must be capable of satisfactory
operation within the authorized bandwidth to encode at least 96 voice
channels. Equipment placed in service, authorized, or applied for on or
before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and
10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of
satisfactory operation within the authorized bandwidth to encode at
least 1152 voice channels. These required loading levels may be reduced
by a factor of 1/N provided that N transmitters may be operated
satisfactorily, over the same radio path, within an authorized
bandwidth less than, or equal to, the maximum authorizable bandwidth
(e.g., the 1152 channel requirement may be reduced to 576 if two
transmitters can be satisfactorily operated over the same path within
the maximum bandwidth). Where type accepted equipment is designed to
operate on the same frequency in a cross polarized configuration to
meet the above capacity requirements, the Commission will require, at
the time additional transmitters are authorized, that both
polarizations of a frequency be used before a new frequency assignment
is made, unless a single transmitter installation was found to be
justified by the Commission at the time it authorized the first
transmitter.
(3) The following capacity and loading requirements must be met for
equipment applied for, authorized, and placed in service after June 1,
1997 in the 3700-4200 MHz (4 GHz), 5925-6425 and 6525-6875 MHz (6 GHz),
10,550-10,680 MHz (10 GHz), and 10,700-11,700 MHz (11 GHz) bands:

------------------------------------------------------------------------
Minimum
traffic
loading
Minimum payload
Nominal channel bandwidth payload (as Typical
(MHz) capacity percent utilization \2\
(Mbits/s) of
^{1 payload
capacity)
------------------------------------------------------------------------
0.400........................ 1.54 N/A 1 DS-1
0.800........................ 3.08 N/A 2 DS-1
1.25......................... 3.08 N/A 2 DS-1
1.60......................... 6.17 N/A 4 DS-1
2.50......................... 6.17 N/A 4 DS-1
3.75......................... 12.3 N/A 8 DS-1
5.0.......................... 18.5 N/A 12 DS-1
10.0......................... 44.7 \3\ 50 1 DS-3/STS-1
20.0......................... 89.4 \3\ 50 2 DS-3/STS-1
30.0 (11 GHz)................ 89.4 \3\ 50 2 DS-3/STS-1
30.0 (6 GHz)................. 134.1 \3\ 50 3 DS-3/STS-1
40.0......................... 134.1 \3\ 50 3 DS-3/STS-1
------------------------------------------------------------------------
\1\ Per polarization
\2\ DS and STS refer to the number of voice circuits a channel can
accommodate. 1 DS-1 = 24 voice circuits; 2 DS-1 = 48; 4 DS-1 = 96; 8
DS-1 = 192; 12 DS-1 = 288; 1 DS-3/STS-1 = 672; 2 DS-3/STS-1 = 1344; 3
DS-3/STS-1 = 2016.
\3\ This loading requirement must be met within 30 months of licensing.
If two transmitters simultaneously operate on the same frequency over
the same path, the requirement is reduced to 25 percent.

(4) If a transmitter is authorized to operate in a bandwidth that
is not listed in paragraph (a)(3) of this section, it must meet the
minimum payload capacity and traffic loading requirements of the next
largest channel bandwidth listed in the table; e.g., if the authorized
bandwidth is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/
s.
(5) Transmitters carrying digital motion video motion material are
exempt from the requirements specified in paragraphs (a)(2) and (a)(3)
of this section, provided that at least 50 percent of the payload is
digital video motion material and the minimum bit rate specified in
paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz
bands, concatenation of multiple contiguous channels is permitted for
channels of equal bandwidth on center frequencies, provided no other
channels are available and the minimum payload capacity requirements
are met.
(6) Digital systems using bandwidths of 10 MHz or larger will be
considered 50 percent loaded when the following condition is met: at
least 50 percent of their total DS-1 capacity is being used. A DS-1
channel is being used when it has been connected to a DS-0/DS-1
multiplexer. For non-DS-0 services, such as, but not limited to, video
or broadband data transmission, the next largest DS-1 equivalent will
be considered for the computation of a loading percentage.
(7) For digital systems, minimum payload capacities shall be
expressed in numbers of DS-1s, DS-3s or STS-1s. The payload capacity
required by the Commission shall correspond to commercially available
equipment.

[[Page 26706]]

(b) For purposes of compliance with the emission limitation
requirements of Sec. 101.111(a)(2) and the requirements of paragraph
(a) of this section, digital modulation techniques are considered as
being employed when digital modulation occupies 50 percent or more to
the total peak frequency deviation of a transmitted radio frequency
carrier. The total peak frequency deviation will be determined by
adding the deviation produced by the digital modulation signal and the
deviation produced by any frequency division multiplex (FDM) modulation
used. The deviation (D) produced by the FDM signal must be determined
in accordance with Sec. 2.202(f) of this chapter.
(c) Analog Modulation. Except for video transmission, an
application for an initial working channel for a given route will not
be accepted for filing where the anticipated loading (within five years
for voice, or other period subject to reasonable projection) is less
than the minimum specified for the following frequency bands. Absent
extraordinary circumstances, applications proposing additional
frequencies over existing routes will not be granted unless it is shown
that the traffic load will shortly exhaust the capacity of the existing
equipment. Where no construction of radio facilities is requested,
licensees must submit this evidence with their filing of any necessary
authority required pursuant to section 214 of the Communications Act
and part 63 of this chapter.

------------------------------------------------------------------------
Minimum
number of
voice
Frequency band (MHz) channels (4
KHz or
equivalent)
------------------------------------------------------------------------
3700 to 4200 (20 MHz bandwidth)............................ 900
5925 to 6425 (10 MHz bandwidth)............................ 300
5925 to 6425 (20 MHz bandwidth)............................ 600
5925 to 6425 (30 MHz bandwidth)............................ 900
6525 to 6875 (10 MHz bandwidth)............................ 300
10,700 to 11,700 (10 MHz bandwidth)........................ 300
10,700 to 11,700 (20 MHz bandwidth)........................ 600
10,700 to 11,700 (30 MHz bandwidth)........................ 900
10,700 to 11,700 (40 MHz bandwidth)........................ 900
------------------------------------------------------------------------

Sec. 101.143 Minimum path length requirements.

(a) The distance between end points of a fixed link in the private
operational fixed point-to-point and the common carrier fixed point-to-
point microwave services must equal or exceed the value set forth in
the table below or the EIRP must be reduced in accordance with the
equation set forth below:

------------------------------------------------------------------------
Minimum
Frequency band (MHz) path length
(km)
------------------------------------------------------------------------
Below 1,850................................................ N/A
1,850 to 7,125............................................. 17
10,550 to 13,250........................................... 5
Above 17,700............................................... N/A
------------------------------------------------------------------------

(b) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation:

EIRP = MAX EIRP--40*log(A/B) dBW

Where:
EIRP=Equivalent isotropically radiated power in dBW.
A=Minimum path length from the Table for the frequency band in
kilometers.
B=The actual path length in kilometers.

Note to paragraph (b): For transmitters using Automatic Transmit
Power Control, EIRP that corresponds to the maximum transmitter
power must satisfy this requirement.

(c) Upon an appropriate technical showing, applicants and licensees
unable to meet the minimum path length requirement may be granted an
exception to these requirements.

Note to paragraph (c): Links authorized prior to April 1, 1987,
need not comply with this requirement.

Sec. 101.145 Interference to geostationary-satellites.

These limitations are necessary to minimize the probability of
harmful interference to reception in the bands 2655-2690 MHz, 5925-6875
MHz, and 12.7-12.75 GHz on board geostationary-space stations in the
fixed-satellite service.
(a) Stations authorized prior to July 1, 1976 in the band 2655-2690
MHz, which exceed the power levels in paragraphs (a) and (b) of this
section are permitted to operate indefinitely, provided that the
operations of such stations does not result in harmful interference to
reception in these band on board geostationary space stations.
(b) 2655 to 2690 MHz and 5925 to 6875 MHz. No directional
transmitting antenna utilized by a fixed station operating in these
bands may be aimed within 2 degrees of the geostationary-satellite
orbit, taking into account atmospheric refraction. However, exception
may be made in unusual circumstances upon a showing that there is no
reasonable alternative to the transmission path proposed. If there is
no evidence that such exception would cause possible harmful
interference to an authorized satellite system, said transmission path
may be authorized on waiver basis where the maximum value of the
equivalent isotropically radiated power (EIRP) does not exceed:
(1) +47 dBW for any antenna beam directed within 0.5 degrees of the
stationary satellite orbit; or
(2) +47 to +55 dBW, on a linear decibel scale (8 dB per degree) for
any antenna beam directed between 0.5 degrees and 1.5 degrees of the
stationary orbit.
(c) 12.7 to 12.75 GHz. No directional transmitting antenna utilized
by a fixed station operating in this band may be aimed within 1.5
degrees of the geostationary-satellite orbit, taking into account
atmospheric refraction. However, exception may be made in unusual
circumstances upon a showing that there is no reasonable alternative to
the transmission path proposed. If there is no evidence that such
exception would cause possible harmful interference to an authorized
satellite system, said transmission path may be authorized on waiver
basis where the maximum value of the equivalent isotropically radiated
power (EIRP) does not exceed +45 dBW for any antenna beam directed
within 1.5 degrees of the stationary satellite orbit.
(d) Methods for calculating the azimuths to be avoided may be found
in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in ``Radio-
Relay Antenna Pointing for controlled Interference With Geostationary-
Satellites'' by C. W. Lundgren and A. S. May, Bell System Technical
Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in
``Geostationary Orbit Avoidance Computer Program'' by Richard G. Gould,
Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This
latter report is available through the National Technical Information
Service, U.S. Department of Commerce, Springfield, VA 22151, in printed
form (PB-211 500) or source card deck (PB-211 501).

Sec. 101.147 Frequency assignments.

(a) Frequencies in the following bands are available for assignment
to fixed radio point-to-point microwave stations.

928.0-929.0 MHz (22)
932.0-932.5 MHz (27)
932.5-935 MHz (17)
941.0-941.5 MHz (17) (18)
941.5-944 MHz (27)
952.0-960.0 MHz (22)
1,850-1,990 MHz (22)
2,110-2,130 MHz) (1) (3) (7) (20)
2,130-2,150 MHz (22)

[[Page 26707]]

2,150-2,160 MHz (22)
2,160-2,180 MHz (1) (2) (20) (21)
2,180-2,200 MHz (22)
2,450-2,500 MHz (22)
2,650-2,690 MHz (22)
3,700-4,200 MHz (8) (14) (25)
5,925-6,425 MHz (6) (14) (25)
6,425-6,525 MHz (24)
6,525-6,875 MHz (14)
10,550-10,680 MHz (19)
10,700-11,700 MHz (8) (9) (19) (25)
11,700-12,200 MHz (24)
12,200-12,500 MHz (22)
12,500-12,700 MHz (22)
12,700-13,200 MHz (22)
13,200-13,250 MHz (4) (24) (25)
14,200-14,400 MHz (24)
17,700-18,820 MHz (5) (10) (15)
18,820-18,920 MHz (22)
18,920-19,160 MHz (5 (10) (15)
19,160-19,260 MHz (22)
19,260-19,700 MHz (5) (10) (15)
21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26)
22,000-23,600 MHz (4) (11) (12) (24) (25) (26)
27,500-29,500 MHz (5)
31,000-31,300 MHz (16) (24)
38,600-40,000 MHz (4)
Bands Above 40,000 MHz

Notes

(1) Frequencies in this band are shared with control and
repeater stations in the Domestic Public Land Mobile Radio Service
and with stations in the International Fixed Public
Radiocommunication Services located south of 25 deg. 30' north
latitude in the State of Florida and U. S. possessions in the
Caribbean area. Additionally, the band 2160-2162 MHz is shared with
stations in the Multipoint Distribution Service.
(2) Except upon showing that no alternative frequencies are
available, no new assignments will be made in the band 2160-2162 MHz
for stations located within 80.5 kilometers (50 miles) of the
coordinates of the cities listed in Sec. ) 21.901(c) of this
chapter.
(3) Television transmission in this band is not authorized and
radio frequency channel widths may not exceed 3.5 MHz.
(4) Frequencies in this band are shared with fixed and mobile
stations licensed in other services.
(5) Frequencies in this band are shared with stations in the
fixed-satellite service.
(6) These frequencies are not available for assignment to mobile
earth stations.
(7) Frequencies in the band 2110-2120 MHz may be authorized on a
case-by-case basis to Government or non-Government space research
earth stations for telecommand purposes in connection with deep
space research.
(8) This frequency band is shared with station(s) in the Local
Television Transmission Service and, in the U.S. Possessions in the
Caribbean area, with stations in the International Fixed Public
Radiocommunications Services.
(9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared
with space stations (space to earth) in the fixed-satellite service.
(10) This band is co-equally shared with stations in the fixed
services under parts 74, 78 and 101 of this chapter.
(11) Frequencies in this band are shared with Government
stations.
(12) Assignments to common carriers in this band are normally
made in the segments 21.2-21.8 GHz and 22.4-23.8 GHz and to
operational fixed users in the segments 21.8-22.4 GHz and 23.0-23.6
GHz. Assignments may be made otherwise only upon a showing that no
interference free frequencies are available in the appropriate band
segments.
(13) Frequencies in this band are shared with stations in the
earth exploration satellite service (space to earth).
(14) Frequencies in this band are shared with stations in the
fixed-satellite and private operational fixed point-to-point
microwave services.
(15) Stations licensed as of September 9, 1983 to use
frequencies in the 17.7-19.7 GHz band may, upon proper application,
continue to be authorized for such operation.
(16) Frequencies in this band are co-equally shared with
stations in the Auxiliary Broadcasting, Cable Television Relay,
Private Operational Fixed Point-to-Point Microwave, and General
Mobile Radio Services. Use of this spectrum for direct delivery of
video programs to the general public or multi-channel cable
distribution is not permitted.
(17) Frequencies in these bands are shared with Government fixed
stations and stations in the Private Operational Fixed Point-to-
Point Microwave Service (part 101).
(18) Frequencies in the 942 to 944 MHz band are also shared with
broadcast auxiliary stations.
(19) Frequencies in this band are shared with stations in the
private-operational fixed point-to-point microwave service.
(20) New facilities in these bands will be licensed only on a
secondary basis. Facilities licensed or applied before January 16,
1992, are permitted to make modifications and minor extensions and
retain their primary status.
(21) Any authorization of additional stations to use the 2160-
2162 MHz band for Multipoint Distribution Service applied for after
January 16, 1992, will be secondary to use of the band for emerging
technology services.
(22) Frequencies in these bands are for the exclusive use of
Private Operational Fixed Point-to-Point Microwave Service (part
101).
(23) Frequencies in these bands are for the exclusive use of
Common Carrier Fixed Point-to-Point Microwave Service (part 101).
(24) Frequencies in these bands are available for assignment to
television pickup and television non-broadcast pickup stations. The
maximum power for the local television transmission service in the
14.2-14.4 GHz band is +45 dBW except that operations are not
permitted within 1.5 degrees of the geostationary orbit.
(25) Frequencies in these bands are available for assignment to
television STL stations.
(26) Frequency pairs 21.825/23.025 GHz, 21.875/23.075 GHz,
21.925/23.125 GHz, and 21.975/23.175 GHz may be authorized for low
power, limited coverage, systems subject to the provisions of
paragraph (s) of this section.
(27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz
bands are shared with Government fixed point-to-multipoint stations
and point-to-multipoint stations in the Public Land Mobile Service.
Frequencies in these bands are paired with one another and are
available for point-to-multipoint transmission of the licensee's
products and information services, excluding video entertainment
material, to the licensee's customers.
(b) Frequencies normally available for assignment in this service
are set forth with applicable limitations in the following tables: 928-
960 MHz Multiple address system (MAS) frequencies are available for the
point-to-multipoint transmission of a licensee's products or services,
excluding video entertainment material, to a licensee's customer or for
its own internal communications. The paired frequencies listed in this
section are used for two-way interrogate/response communications
between a master station and remote stations. Each master station
operating on these frequencies is required to serve a minimum of four
separate active remote stations. Ancillary one-way communications on
paired frequencies are permitted on a case-by-case basis. Ancillary
communications between interrelated master stations are permitted on a
secondary basis. The normal channel bandwidth assigned will be 12.5
kHz. Upon adequate justification, however, channels with bandwidths up
to 50 kHz may be authorized. Tables 2, 4, and 6 list frequencies with
25 kHz bandwidth channels. When licensed for a larger bandwidth, the
system still is required to use equipment that meets the
0.00015 percent tolerance requirement. (See Sec. 101.107).
Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance
with this section may be subdivided into narrower bandwidths to create
additional (or sub) frequencies without the need to specify each
discrete frequency within the specific bandwidth. Equipment that is
used to create additional frequencies by narrowing bandwidth (whether
authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be
required to meet, at a minimum, the 0.00015 percent
tolerance requirement so that all subfrequencies will be within the
emission mask. When using subfrequencies, licensees are subject to the
construction requirement of one master and four remotes per authorized
bandwidth (12.5 kHz, 25 kHz or greater. Systems licensed for
frequencies in these MAS bands prior to August 1, 1975, may continue to
operate as authorized until June 11, 1996, at which time they must
comply with current MAS operations based on the 12.5 KHz channelization
set forth in this

[[Page 26708]]

paragraph. Systems licensed between August 1, 1975, and January 1,
1981, inclusive, are required to comply with the grandfathered 25 kHz
standard bandwidth and channelization requirements set forth in this
paragraph. Systems originally licensed after January 1, 1981, and on or
before May 11, 1988, with bandwidths of 25 kHz and above, will be
grandfathered indefinitely. (1) General Access Pool: Frequencies listed
in this paragraph are available to all persons eligible under this part
for use in multiple address radio systems. Except as noted, however,
the frequencies may be used by eligibles in the Power Radio Service
only if the frequencies in paragraph (b) (2) of this section are
exhausted in the particular geographic area. The frequencies are also
available for shared use by part 22 Public Land Mobile Service users if
frequencies listed in Sec. 22.50(g) of this chapter are exhausted in
the particular geographic area. Applications for use of these
frequencies under part 22 of this chapter are subject to part 101
requirements.

Table 1.--Paired Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.00625.................................................. 952.00625
928.01875.................................................. 952.01875
928.03125.................................................. 952.03125
928.04375.................................................. 952.04375
928.05625.................................................. 952.05625
928.06875.................................................. 952.06875
928.08125.................................................. 952.08125
928.09375.................................................. 952.09375
928.10625.................................................. 952.10625
928.11875.................................................. 952.11875
928.13125.................................................. 952.13125
928.14375.................................................. 952.14375
928.15625.................................................. 952.15625
928.16875.................................................. 952.16875
928.18125.................................................. 952.18125
928.19375.................................................. 952.19375
928.20625.................................................. 952.20625
928.21875.................................................. 952.21875
928.23125.................................................. 952.23125
928.24375.................................................. 952.24375
928.25625.................................................. 952.25625
928.26875.................................................. 952.26875
928.28125.................................................. 952.28125
928.29375.................................................. 952.29375
928.30625.................................................. 952.30625
928.31875.................................................. 952.31875
928.33125.................................................. 952.33125
928.34375.................................................. 952.34375
------------------------------------------------------------------------

Unpaired Frequencies (MHz) \1\
[12.5 kHz bandwidth]
------------------------------------------------------------------------
D D D
------------------------------------------------------------------------
956.25625 956.33125 956.39375
956.26875 956.34375 956.40625
956.28125 956.35625 956.41875
956.29375 956.36875 956.43125
956.30625 956.38125 956.44375
956.31875 ....................... ......................
------------------------------------------------------------------------
\1\ Available to power eligibles regardless of whether frequencies in
the power pool are exhausted.

Table 2.--Paired Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.0125................................................... 952.0125
928.0375................................................... 952.0375
928.0625................................................... 952.0625
928.0875................................................... 952.0875
928.1125................................................... 952.1125
928.1375................................................... 952.1375
928.1625................................................... 952.1625
928.1875................................................... 952.1875
928.2125................................................... 952.2125
928.2375................................................... 952.2375
928.2625................................................... 952.2625
928.2875................................................... 952.2875
928.3125................................................... 952.3125
928.3375................................................... 952.3375
------------------------------------------------------------------------

Unpaired Frequencies (MHz) \1\
[25 kHz bandwidth]
------------------------------------------------------------------------

------------------------------------------------------------------------
956.2625 956.3375 956.4125
956.2875 956.3625 956.4375
956.3125 956.3875 ......................
------------------------------------------------------------------------
\1\ Available to power eligibles regardless of whether frequencies in
the power pool are exhausted.

(2) Power Pool: Frequencies listed in this paragraph are available
to persons eligible under Sec. 90.63 of this chapter for licensing in
the Power Radio Service for use in multiple address radio systems.
After January 1, 1992, the frequencies are also available for use by
general access pool users and part 22 Public Land Mobile Service users
(Sec. 22.501(g) of this chapter) provided frequencies listed in their
respective pools are exhausted in the particular geographic area.
Applications for use of these frequencies under part 22 of this chapter
are subject to part 101 requirements.

Table 3.--Paired Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.35625.................................................. 952.35625
928.36875.................................................. 952.36872
928.38125.................................................. 952.38125
928.39375.................................................. 952.39375
928.40625.................................................. 952.40625
928.41875.................................................. 952.41875
928.43125.................................................. 952.43125
928.44375.................................................. 952.44375
928.45625.................................................. 952.45625
928.46875.................................................. 952.46875
928.48125.................................................. 952.48125
928.49375.................................................. 952.49375
928.50625.................................................. 952.50625
928.51875.................................................. 952.51875
928.53125.................................................. 952.53125
928.54375.................................................. 952.54375
928.55625.................................................. 952.55625
928.56875.................................................. 952.56875
928.58125.................................................. 952.58125
928.59375.................................................. 952.59375
928.60625.................................................. 952.60625
928.61875.................................................. 952.61875
928.63125.................................................. 952.63125
928.64375.................................................. 952.64375
928.65625.................................................. 952.65625
928.66875.................................................. 952.66875
928.68125.................................................. 952.68125
928.69375.................................................. 952.69375
928.70625.................................................. 952.70625
928.71875.................................................. 952.71875
928.73125.................................................. 952.73125
928.74375.................................................. 952.74375
928.75675.................................................. 952.75625
928.76875.................................................. 952.76875
928.78125.................................................. 952.78125
928.79375.................................................. 952.79375
928.80625.................................................. 952.80625
928.81875.................................................. 952.81875
928.83125.................................................. 952.83125
928.84375.................................................. 952.84375
------------------------------------------------------------------------

Table 4.--Paired Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.3625................................................... 952.3625
928.3875................................................... 952.3875
928.4125................................................... 952.4125
928.4375................................................... 952.4375
928.4625................................................... 952.4625
928.4875................................................... 952.4875
928.5125................................................... 952.5125
928.5375................................................... 952.5375
928.5625................................................... 952.5625
928.5875................................................... 952.5875
928.6125................................................... 952.6125
928.6375................................................... 952.6375
928.6625................................................... 952.6625
928.6875................................................... 952.6875
928.7125................................................... 952.7125
928.7375................................................... 952.7375
928.7625................................................... 952.7625
928.7875................................................... 952.7875
928.8125................................................... 952.8125
928.8375................................................... 952.8375
------------------------------------------------------------------------

(3) Frequencies listed in this paragraph are available for shared
use

[[Page 26709]]

by general access pool users for multiple address operations if
frequencies listed in paragraph (b)(1) of this section are exhausted in
the particular geographic area: The frequencies are also available to
eligibles in the power pool provided there are no other frequencies
available for the type of operation contemplated. The frequencies in
this pool may be assigned for paired or unpaired operation. If paired,
the corresponding lower frequency is for remote unit use. Applications
for these frequencies are subject to the conditions outlined in
Sec. 22.27 of this chapter.

Table 5.--Public Mobile Service Category Frequencies (MHz)
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.85625.................................................. 959.85625
928.86875.................................................. 959.86875
928.88125.................................................. 959.88125
928.89375.................................................. 959.89375
928.90625.................................................. 959.90625
928.91875.................................................. 959.91875
928.93125.................................................. 959.93125
928.94375.................................................. 959.94375
928.95625.................................................. 959.95625
928.96875.................................................. 959.96875
928.98125.................................................. 959.98125
928.99375.................................................. 959.99375
------------------------------------------------------------------------

Table 6.--Public Mobile Service Category Frequencies (MHz)
[25 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
928.8625................................................... 959.8625
928.8875................................................... 959.8875
928.9125................................................... 959.9125
928.9375................................................... 959.9375
928.9625................................................... 959.9625
928.9875................................................... 959.9875
------------------------------------------------------------------------

(4) Frequencies listed in this paragraph are shared with stations
in the Public Land Mobile Service, part 22 of this chapter.

Table 7.--Paired Frequencies
[12.5 kHz bandwidth]
------------------------------------------------------------------------
Master
Remote transmit transmit
------------------------------------------------------------------------
932.00625.................................................. 941.00625
932.01875.................................................. 941.01875
932.03125.................................................. 941.03125
932.04375.................................................. 941.04375
932.05625.................................................. 941.05625
932.06875.................................................. 941.06875
932.08125.................................................. 941.08125
932.09375.................................................. 941.09375
932.10625.................................................. 941.10625
932.11875.................................................. 941.11875
932.13125.................................................. 941.13125
932.14375.................................................. 941.14375
932.15625.................................................. 941.15625
932.16875.................................................. 941.16875
932.18125.................................................. 941.18125
932.19375.................................................. 941.19375
932.20625.................................................. 941.20625
932.21875.................................................. 941.21875
932.23125.................................................. 941.23125
932.24375.................................................. 941.24375
932.25625.................................................. 941.25625
932.26875.................................................. 941.26875
932.28125.................................................. 941.28125
932.29375.................................................. 941.29375
932.30625.................................................. 941.30625
932.31875.................................................. 941.31875
932.33125.................................................. 941.33125
932.34375.................................................. 941.34375
932.35625.................................................. 941.35625
932.36875.................................................. 941.36875
932.38125.................................................. 941.38125
932.39375.................................................. 941.39375
932.40625.................................................. 941.40625
932.41875.................................................. 941.41875
932.43125.................................................. 941.43125
932.44375.................................................. 941.44375
932.45625.................................................. 941.45625
932.46875.................................................. 941.46875
932.48125.................................................. 941.48125
932.49375.................................................. 941.49375
------------------------------------------------------------------------

(5) Equivalent power and antenna heights for multiple address
master stations:

------------------------------------------------------------------------
Maximum effective
radiated power
Antenna height (AAT) in meters -------------------
Watts dBm
------------------------------------------------------------------------
Above 305........................................... 200 53
Above 274 to 305.................................... 250 54
Above 244 to 274.................................... 315 55
Above 213 to 244.................................... 400 56
Above 182 to 213.................................... 500 57
Above 152.5 to 182.................................. 630 58
152.5 and below..................................... 1,000 60
------------------------------------------------------------------------

For mobile operations the maximum ERP is 25 watts (44 dBm).
(6) Fixed point-to-point frequencies.

Table 8.--Paired Frequencies
[All frequencies may be used by Common Carrier Fixed Point-to-Point and
Private Operational Fixed Point-to-Point Microwave Service licensees; 25
kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.5125................................................... 941.5125
932.5375................................................... 941.5375
932.5625................................................... 941.5625
932.5875................................................... 941.5875
932.6125................................................... 941.6125
932.6375................................................... 941.6375
932.6625................................................... 941.6625
934.8375................................................... 943.8375
934.8625................................................... 943.8625
934.8875................................................... 943.8875
934.9125................................................... 943.9125
934.9375................................................... 943.9375
934.9625................................................... 943.9625
934.9875................................................... 943.9875
------------------------------------------------------------------------

Table 9.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave Service licensees, unless otherwise noted; 50 kHz
bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.70 \1\................................................. \1\ 941.70
932.75 \1\................................................. \1\ 941.75
934.80 \1\................................................. \1\ 943.80
956.65..................................................... 953.05
956.75..................................................... 953.15
956.85..................................................... 953.25
956.95..................................................... 953.35
957.05..................................................... 953.45
957.25..................................................... 953.65
957.35..................................................... 953.75
957.45..................................................... 953.85
957.65..................................................... 954.05
957.75..................................................... 954.15
957.85..................................................... 954.25
958.05..................................................... 954.45
958.15..................................................... 954.55
958.25..................................................... 954.65
958.45..................................................... 954.85
958.55..................................................... 954.95
958.65..................................................... 955.05
958.85..................................................... 955.25
958.95..................................................... 955.35
959.05..................................................... 955.45
959.25..................................................... 955.65
959.35..................................................... 955.75
959.45..................................................... 955.85
959.55..................................................... 955.95
959.65..................................................... 956.05
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.

[[Page 26710]]

Table 10.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
932.8250 \1\.............................................. \1\ 941.8250
932.9250 \1\.............................................. \1\ 941.9250
933.0250 \1\.............................................. \1\ 942.0250
934.5250 \1\.............................................. \1\ 943.5250
934.6250 \1\.............................................. \1\ 943.6250
934.7250 \1\.............................................. \1\ 943.7250
956.6..................................................... 953.0
956.7..................................................... 953.1
956.8..................................................... 953.2
956.9..................................................... 953.3
957.0..................................................... 953.4
957.1..................................................... 953.5
957.2..................................................... 953.6
957.3..................................................... 953.7
957.4..................................................... 953.8
957.5..................................................... 953.9
957.6..................................................... 954.0
957.7..................................................... 954.1
957.8..................................................... 954.2
957.9..................................................... 954.3
958.0..................................................... 954.4
958.1..................................................... 954.5
958.2..................................................... 954.6
958.3..................................................... 954.7
958.4..................................................... 954.8
958.5..................................................... 954.9
958.6..................................................... 955.0
958.7..................................................... 955.1
958.8..................................................... 955.2
958.9..................................................... 955.3
959.0..................................................... 955.4
959.1..................................................... 955.5
959.2..................................................... 955.6
959.3..................................................... 955.7
959.4..................................................... 955.8
959.5..................................................... 955.9
959.6..................................................... 956.0
959.7..................................................... 956.1
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.

Table 11.--Paired Frequencies
[Frequencies may be used only by Private Operational Fixed Point-to-
Point Microwave licensees, unless otherwise noted; 200 kHz bandwidth]
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
933.1750 \1\.............................................. \1\ 942.1750
933.3750 \1\.............................................. \1\ 942.3750
933.5750 \1\.............................................. \1\ 942.5750
933.7750 \1\.............................................. \1\ 942.7750
933.9750 \1\.............................................. \1\ 942.9750
933.1750 \1\.............................................. \1\ 943.1750
933.3750 \1\.............................................. \1\ 943.3750
957.15.................................................... 953.55
957.55.................................................... 953.95
957.95.................................................... 954.35
958.35.................................................... 954.75
958.75.................................................... 955.15
959.15.................................................... 955.55
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
Point Microwave licensees.

Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1855....................................................... 1935
1865....................................................... 1945
1875....................................................... 1955
1885....................................................... 1965
1895....................................................... 1975
1905....................................................... 1985
------------------------------------------------------------------------

Unpaired Frequencies
------------------------------------------------------------------------

-------------------------------------------------------------------------
1915 \1\
1925 \1\
------------------------------------------------------------------------
\1\ Available for systems employing one-way transmission.

(2) 5 MHz maximum bandwidth.

Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1860....................................................... 1940
1870....................................................... 1950
1880....................................................... 1960
1890....................................................... 1970
1900....................................................... 1980
------------------------------------------------------------------------

(d) 2130-2150 MHz; 2180-2200 MHz; 800 kHz maximum bandwidth, unless
noted.

Paired Frequencies
------------------------------------------------------------------------

------------------------------------------------------------------------
2130-2150 2180-2200
------------------------------------------------------------------------

Receive
Transmit (receive) (MHz) (transmit)
(MHz)
2130.8..................................................... 2180.8
2131.6..................................................... \1\ 2181.6
2132.4..................................................... 2182.4
2133.2..................................................... \1\ 2183.2
2134.0..................................................... 2184.0
2134.8..................................................... \1\ 2184.8
2135.6..................................................... 2185.6
2136.4..................................................... \1\ 2186.4
2137.2..................................................... 2187.2
2138.0..................................................... \1\ 2188.0
2139.6..................................................... \1\ 2189.6
2138.8..................................................... 2188.8
2140.4..................................................... 2190.4
2141.2..................................................... \1\ 2191.2
2142.0..................................................... 2192.0
2142.8..................................................... \1\ 2192.8
2143.6..................................................... 2193.6
2144.4..................................................... \1\ 2194.4
2145.2..................................................... 2195.2
2146.0..................................................... \1\ 2196.0
2146.8..................................................... 2196.8
2147.6..................................................... \1\ 2197.6
2148.4..................................................... 2198.4
2149.2..................................................... 2199.2
\1\ Consideration will be given on a case-by-case basis to assigning
these frequency pairs to systems employing 1600 KHz bandwidth
transmissions.

(e) 2150-2160 MHz: Specific frequency of operation to be set forth
in authorization. Omnidirectional transmission only may be authorized,
subject to providing protection from harmful interference to previously
authorized stations in this service and in other services sharing this
band.
(f) 2450-2500 MHz:
(1) This band is shared with other communications services and is
not subject to protection from interference from industrial,
scientific, and medical devices operating on 2450 MHz.
(2) Stations licensed in this band under this part prior to March
1, 1996, are grandfathered and may continue their authorized
operations. Stations licensed in the 2483.5-2500 MHz portion of the
band as of July 25, 1985, or on a subsequent date as a result of
submitting an application on or before July 25, 1985, are
grandfathered, and may continue operations, subject only to license
renewal, on a co-primary basis with the Radiodetermination Satellite
Service.
(3) 625 KHz bandwidth channels. The normal bandwidth authorized
will be 625 KHz. Upon adequate justification, additional contiguous
channels may be authorized to provide up to a 2500 KHz bandwidth.

Paired Frequencies
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
2450.3125.................................................. 2467.5625
2450.9375.................................................. 2468.1875
2451.5625.................................................. 2468.8125
2452.1875.................................................. 2469.4375
2452.8125.................................................. 2470.0625
2453.4375.................................................. 2470.6875
2454.0625.................................................. 2471.3125
2454.6875.................................................. 2471.9375
2455.3125.................................................. 2472.5625

[[Page 26711]]

2455.9375.................................................. 2473.1875
2456.5625.................................................. 2473.8125
2457.1875.................................................. 2474.4375
2457.8125.................................................. 2475.0625
2458.4375.................................................. 2475.6875
2459.0625.................................................. 2476.3125
2459.6875.................................................. 2476.9375
2460.3125.................................................. 2477.5625
2460.9375.................................................. 2478.1875
2461.5625.................................................. 2478.8125
2462.1875.................................................. 2479.4375
2462.8125.................................................. 2480.0625
2463.4375.................................................. 2480.6875
2464.0625.................................................. 2481.3125
2464.6875.................................................. 2481.9375
2465.3125.................................................. 2482.5625
2465.9375.................................................. 2483.1875
------------------------------------------------------------------------

(g) 2500-2690 MHz: Operational-fixed stations may be authorized on
the following frequencies:

Frequencies (MHz)
------------------------------------------------------------------------

-------------------------------------------------------------------------
2686.9375
2687.9375
2688.5625
2688.6875
2688.9375
2689.5625
2689.6875
------------------------------------------------------------------------

Note to (g): Operational-Fixed stations authorized in this band
as of July 16, 1971, which do not comply with the provisions of this
part may continue to operate on the frequencies assigned on a
coequal basis with other stations operating in accordance with the
Table of Frequency allocations. Requests for subsequent license
renewals or modifications for such stations will be considered.
However, expansion of systems comprised of such stations will not be
permitted, except pursuant to the provisions of this part. No new
licenses will be issued under this part until specific operating
parameters are established for this band.

(h) 3,700 to 4,200 MHz: 20 MHz maximum authorized bandwidth.
20 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
3710....................................................... 3750
3730....................................................... 3770
3790....................................................... 3830
3810....................................................... 3850
3870....................................................... 3910
3890....................................................... 3930
3950....................................................... 3990
3970....................................................... 4010
4030....................................................... 4070
4050....................................................... 4090
4110....................................................... 4150
4130....................................................... 4170
N/A........................................................ \1\ 4190
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

(i) 5,925 to 6,425 MHz: 30 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.225................................................... 6177.100
5925.625................................................... 6177.500
5926.050................................................... 6177.925
5926.450................................................... 6178.325
5926.875................................................... 6178.750
5927.275................................................... 6179.150
5927.725................................................... 6179.600
5928.125................................................... 6180.000
5928.550................................................... 6180.425
5928.950................................................... 6180.825
5929.375................................................... 6181.250
5929.775................................................... 6181.650
6168.350................................................... 6420.225
6168.750................................................... 6420.625
6169.175................................................... 6421.050
6169.575................................................... 6421.450
6170.000................................................... 6421.875
6170.400................................................... 6422.275
6170.850................................................... 6422.725
6171.250................................................... 6423.125
6171.675................................................... 6423.550
6172.075................................................... 6423.950
6172.500................................................... 6424.375
6172.900................................................... 6424.775
------------------------------------------------------------------------

(2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.425................................................... 6177.300
5926.250................................................... 6178.125
5927.075................................................... 6178.950
5927.925................................................... 6179.800
5928.750................................................... 6180.625
5929.575................................................... 6181.450
6168.550................................................... 6420.425
6169.375................................................... 6421.250
6170.200................................................... 6422.075
6171.050................................................... 6422.925
6171.875................................................... 6423.750
6172.700................................................... 6424.575
------------------------------------------------------------------------

(3) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5925.625................................................... 6177.500
5926.875................................................... 6178.750
5928.125................................................... 6180.000
5929.375................................................... 6181.250
6108.893................................................... 6360.933
6110.128................................................... 6362.168
6111.364................................................... 6363.404
6112.599................................................... 6364.639
6113.834................................................... 6365.874
6115.070................................................... 6367.110
6116.305................................................... 6368.345
6117.541................................................... 6369.581
6118.776................................................... 6370.816
6120.011................................................... 6372.051
6121.247................................................... 6373.287
6122.482................................................... 6374.522
6123.718................................................... 6375.758
6124.953................................................... 6376.993
6126.189................................................... 6378.229
6127.424................................................... 6379.464
6128.659................................................... 6380.699
6129.895................................................... 6381.935
6131.130................................................... 6383.170
6132.366................................................... 6384.406
6133.601................................................... 6385.641
6134.836................................................... 6386.876
6136.072................................................... 6388.112
6137.307................................................... 6389.347
6138.543................................................... 6390.583
6139.778................................................... 6391.818
6141.014................................................... 6393.054
6142.249................................................... 6394.289
6143.484................................................... 6395.524
6144.720................................................... 6396.760
6145.955................................................... 6397.995
6147.191................................................... 6399.231
6148.426................................................... 6400.466
6149.661................................................... 6401.701
6150.897................................................... 6402.937
6152.132................................................... 6404.172
6153.368................................................... 6405.408
6154.603................................................... 6406.643
6155.839................................................... 6407.879
6157.074................................................... 6409.114
6158.309................................................... 6410.349
6159.545................................................... 6411.585
6160.780................................................... 6412.820
6162.016................................................... 6414.056
6163.251................................................... 6415.291
6164.486................................................... 6416.526
6165.722................................................... 6417.762
6166.957................................................... 6418.997
6168.750................................................... 6420.625
6170.000................................................... 6421.875
6171.250................................................... 6423.125
6172.500................................................... 6424.375
6173.750 \1\............................................... N/A
6175.000 \1\............................................... N/A
6176.250 \1\............................................... N/A
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

(4) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5926.250................................................... 6178.125
5928.750................................................... 6180.625
6109.510................................................... 6361.550
6111.981................................................... 6364.021
6114.452................................................... 6366.492
6116.923................................................... 6368.963
6119.394................................................... 6371.434
6121.865................................................... 6373.905
6124.335................................................... 6376.375
6126.806................................................... 6378.846
6129.277................................................... 6381.317
6131.748................................................... 6383.788
6134.219................................................... 6386.259
6136.690................................................... 6388.730

[[Page 26712]]

6139.160................................................... 6391.200
6141.631................................................... 6393.671
6144.102................................................... 6396.142
6146.573................................................... 6398.613
6149.044................................................... 6401.084
6151.515................................................... 6403.555
6153.985................................................... 6406.025
6156.456................................................... 6408.496
6158.927................................................... 6410.967
6161.398................................................... 6413.438
6163.869................................................... 6415.909
6166.340................................................... 6418.380
6169.375................................................... 6421.250
6171.875................................................... 6423.750
6175.625 \1\............................................... N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

(5) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6111.364................................................... 6363.404
6116.305................................................... 6368.345
6121.247................................................... 6373.287
6126.189................................................... 6378.229
6131.130................................................... 6383.170
6136.072................................................... 6388.112
6141.014................................................... 6393.054
6145.955................................................... 6397.995
6150.897................................................... 6402.937
6155.839................................................... 6407.879
6160.780................................................... 6412.820
6165.722................................................... 6417.762
6175.000 \1\............................................... N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

(6) 5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6110.75.................................................... 6362.79
6115.69.................................................... 6367.73
6120.63.................................................... 6372.67
6125.57.................................................... 6377.61
6130.51.................................................... 6382.55
6135.45.................................................... 6387.49
6140.40.................................................... 6392.44
6145.34.................................................... 6397.38
6150.28.................................................... 6402.32
6155.22.................................................... 6407.26
6160.16.................................................... 6412.20
6165.10.................................................... 6417.14
------------------------------------------------------------------------

(7) 10 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5935.32.................................................... 6187.36
5945.20.................................................... 6197.24
5955.08.................................................... 6207.12
5964.97.................................................... 6217.01
5974.85.................................................... 6226.89
5984.73.................................................... 6236.77
5994.62.................................................... 6246.66
6004.50.................................................... 6256.54
6014.38.................................................... 6266.42
6024.27.................................................... 6276.31
6034.15.................................................... 6286.19
6044.03.................................................... 6296.07
6053.92.................................................... 6305.96
6063.80.................................................... 6315.84
6073.68.................................................... 6325.72
6083.57.................................................... 6335.61
6093.45.................................................... 6345.49
6103.33.................................................... 6355.37
6113.22 \1\................................................ \1\ 6365.26
6123.10 \1\................................................ \1\ 6375.14
6132.98 \1\................................................ \1\ 6385.02
6142.87 \1\................................................ \1\ 6394.91
6152.75 \1\................................................ \1\ 6404.79
6162.63 \1\................................................ \1\ 6414.67
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.

(8) 30 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
5945.20.................................................... 6197.24
5974.85.................................................... 6226.89
6004.50.................................................... 6256.54
6034.15.................................................... 6286.19
6063.80.................................................... 6315.84
6093.45.................................................... 6345.49
6123.10 \1\................................................ \1\ 6375.14
6152.75 \1\................................................ \1\ 6404.79
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.

(j) 6,425 to 6,525 MHz: Mobile. Paired and un-paired operations
permitted. Use of this spectrum for direct delivery of video programs
to the general public or multi-channel cable distribution is not
permitted. This band is co-equally shared with mobile stations licensed
pursuant to parts 21, 74, and 78 of this chapter. Stations not intended
to be operated while in motion will be licensed under the provision of
Sec. 101.13(b). The following channel plans apply.
(1) 1 MHz maximum authorized bandwidth channels:

(2) 8 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive (or
Transmit (or receive) (MHz) transmit)
(MHz)
------------------------------------------------------------------------
6430.0..................................................... 6480.0
6438.0..................................................... 6488.0
6446.0..................................................... 6596.0
6455.0..................................................... 6505.0
6463.0..................................................... 6513.0
6471.0..................................................... 6521.0
------------------------------------------------------------------------

(3) 25 MHz maximum authorized bandwidth channels:

(k) On the condition that harmful interference will not be caused
to services operating in accordance with the Table of Frequency
Allocations, persons holding valid station authorizations on July 15,
1963, to provide television nonbroadcast pickup service in the 6525-
6575 MHz band may be authorized to continue use of the frequencies
specified in their authorization for such operations until July 15,
1968.
(l) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6525.225................................................... 6870.225
6525.625................................................... 6870.625
6526.050................................................... 6871.050
6526.450................................................... 6871.450
6526.875................................................... 6871.875
6527.275................................................... 6872.275
6527.725................................................... 6872.725
6528.125................................................... 6873.125
6528.550................................................... 6873.550
6528.950................................................... 6873.950
6529.375................................................... 6874.375
6529.775................................................... 6874.775
------------------------------------------------------------------------

(2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6525.425................................................... 6870.425
6526.250................................................... 6871.250
6527.075................................................... 6872.075
6527.925................................................... 6872.925
6528.750................................................... 6873.750
6529.575................................................... 6874.575
------------------------------------------------------------------------

(3) 1.25 MHz bandwidth channels:

[[Page 26713]]

6526.875................................................... 6871.875
6528.125................................................... 6873.125
6529.375................................................... 6874.375
6540.625 \1\............................................... \1\ 6718.12
5
6541.875 \1\............................................... \1\ 6719.37
5
6543.125 \1\............................................... \1\ 6713.12
5
6544.375 \1\............................................... \1\ 6714.37
5
6545.625 \1\............................................... \1\ 6715.62
5
6546.875 \1\............................................... \1\ 6716.87
5
6548.125................................................... 6728.125
6549.375................................................... 6729.375
6550.625................................................... 6730.625
6551.875................................................... 6731.875
6553.125 \1\............................................... \1\ 6723.12
5
6554.375 \1\............................................... \1\ 6724.37
5
6555.625 \1\............................................... \1\ 6725.62
5
6556.875 \1\............................................... \1\ 6726.87
5
6558.125................................................... 6738.125
6559.375................................................... 6739.375
6560.625................................................... 6740.625
6561.875................................................... 6741.875
6563.125................................................... 6733.125
6564.375................................................... 6734.375
6565.625................................................... 6735.625
6566.875................................................... 6736.875
6568.125 \1\............................................... \1\ 6720.62
5
6569.375 \1\............................................... \1\ 6721.87
5
6580.625 \1\............................................... \1\ 6868.12
5
6581.875 \1\............................................... \1\ 6869.37
5
6583.125 .................................................. 6743.125
6584.375................................................... 6744.375
6585.625................................................... 6745.625
6586.875................................................... 6746.875
6588.125................................................... 6748.125
6589.375................................................... 6749.375
6590.625................................................... 6750.625
6591.875................................................... 6751.875
6593.125................................................... 6753.125
6594.375................................................... 6754.375
6595.625................................................... 6755.625
6596.875................................................... 6756.875
6598.125................................................... 6758.125
6599.375................................................... 6759.375
6600.625................................................... 6760.625
6601.875................................................... 6761.875
6603.125................................................... 6763.125
6604.375................................................... 6764.375
6605.625................................................... 6765.625
6606.875................................................... 6766.875
6608.125................................................... 6768.125
6609.375................................................... 6769.375
6610.625................................................... 6770.625
6611.875................................................... 6771.875
6613.125................................................... 6773.125
6614.375................................................... 6774.375
6615.625................................................... 6775.625
6616.875................................................... 6776.875
6618.125................................................... 6778.125
6619.375................................................... 6779.375
6620.625................................................... 6780.625
6621.875................................................... 6781.875
6623.125................................................... 6783.125
6624.375................................................... 6784.375
6625.625................................................... 6785.625
6626.875................................................... 6786.875
6628.125................................................... 6788.125
6629.375................................................... 6789.375
6630.625................................................... 6790.625
6631.875................................................... 6791.875
6633.125................................................... 6793.125
6634.375................................................... 6794.375
6635.625................................................... 6795.625
6636.875................................................... 6796.875
6638.125................................................... 6798.125
6639.375................................................... 6799.375
6640.625................................................... 6800.625
6641.875................................................... 6801.875
6643.125................................................... 6803.125
6644.375................................................... 6804.375
6645.625................................................... 6805.625
6646.875................................................... 6806.875
6648.125................................................... 6808.125
6649.375................................................... 6809.375
6650.625................................................... 6810.625
6651.875................................................... 6811.875
6653.125................................................... 6813.125
6654.375................................................... 6814.375
6655.625................................................... 6815.625
6656.875................................................... 6816.875
6658.125................................................... 6818.125
6659.375................................................... 6819.375
6660.625................................................... 6820.625
6661.875................................................... 6821.875
6663.125................................................... 6823.125
6664.375................................................... 6824.375
6665.625................................................... 6825.625
6666.875................................................... 6826.875
6668.125................................................... 6828.125
6669.375................................................... 6829.375
6670.625................................................... 6830.625
6671.875................................................... 6831.875
6673.125................................................... 6833.125
6674.375................................................... 6834.375
6675.625................................................... 6835.625
6676.875................................................... 6836.875
6678.125................................................... 6838.125
6679.375................................................... 6839.375
6680.625................................................... 6840.625
6681.875................................................... 6841.875
6683.125................................................... 6843.125
6684.375................................................... 6844.375
6685.625................................................... 6845.625
6686.875................................................... 6846.875
6688.125................................................... 6848.125
6689.375................................................... 6849.375
6690.625................................................... 6850.625
6691.875................................................... 6851.875
6693.125................................................... 6853.125
6694.375................................................... 6854.375
6695.625................................................... 6855.625
6696.875................................................... 6856.875
6698.125................................................... 6858.125
6699.375................................................... 6859.375
6700.625................................................... 6860.625
6701.875................................................... 6861.875
6703.125................................................... 6863.125
6704.375................................................... 6864.375
6705.625................................................... 6865.625
6706.875................................................... 6866.875
6708.125 \1\............................................... \1\ 6710.62
5
6709.375 \1\............................................... \1\ 6711.87
5
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

(4) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6526.25.................................................... 6871.25
6528.75 ................................................... 6873.75
6541.25 \1\................................................ \1\ 6718.75
6543.75 \1\................................................ \1\ 6713.75
6546.25 \1\................................................ \1\ 6716.25
6548.75 ................................................... 6728.75
6551.25 ................................................... 6731.25
6553.75 \1\................................................ \1\ 6723.75
6556.25 \1\................................................ \1\ 6726.25
6558.75.................................................... 6738.75
6561.25.................................................... 6741.25
6563.75.................................................... 6733.75
6566.25.................................................... 6736.25
6568.75 \1\................................................ \1\ 6721.25
6581.25 \1\................................................ \1\ 6868.75
6583.75.................................................... 6743.75
6586.25.................................................... 6746.25
6588.75.................................................... 6748.75
6591.25.................................................... 6751.25
6593.75.................................................... 6753.75
6596.25.................................................... 6756.25
6598.75.................................................... 6758.75
6601.25.................................................... 6761.25
6603.75.................................................... 6763.75
6606.25.................................................... 6766.25
6608.75.................................................... 6768.75
6611.25.................................................... 6771.25
6613.75.................................................... 6773.75
6616.25.................................................... 6776.25
6618.75.................................................... 6778.75
6621.25.................................................... 6781.25
6623.75.................................................... 6783.75
6626.25.................................................... 6786.25
6628.75.................................................... 6788.75
6631.25.................................................... 6791.25
6633.75.................................................... 6793.75
6636.25.................................................... 6796.25
6638.75.................................................... 6798.75
6641.25.................................................... 6801.25
6643.75.................................................... 6803.75
6646.25.................................................... 6806.25
6648.75.................................................... 6808.75
6651.25.................................................... 6811.25
6653.75.................................................... 6813.75
6656.25.................................................... 6816.25
6658.75.................................................... 6818.75
6661.25.................................................... 6821.25
6663.75.................................................... 6823.75
6666.25.................................................... 6826.25
6668.75.................................................... 6828.75
6671.25.................................................... 6831.25
6673.75.................................................... 6833.75
6676.25.................................................... 6836.25
6678.75.................................................... 6838.75
6681.25.................................................... 6841.25
6683.75.................................................... 6843.75
6686.25.................................................... 6846.25
6688.75.................................................... 6848.75
6691.25.................................................... 6851.25
6693.75.................................................... 6853.75
6696.25.................................................... 6856.25
6698.75.................................................... 6858.75
6701.25.................................................... 6861.25
6703.75.................................................... 6863.75
6706.25.................................................... 6866.25
6708.75 \1\................................................ \1\ 6711.25

------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

(5) 3.75 MHz bandwidth channels:

[[Page 26714]]

6550.625................................................... 6730.625
6555.625 \1\............................................... 6725.625 \1
\
6560.625................................................... 6740.625
6565.625................................................... 6735.625
6585.625................................................... 6745.625
6590.625................................................... 6750.625
6595.625................................................... 6755.625
6600.625................................................... 6760.625
6605.625................................................... 6765.625
6610.625................................................... 6770.625
6615.625................................................... 6775.625
6620.625................................................... 6780.625
6625.625................................................... 6785.625
6630.625................................................... 6790.625
6635.625................................................... 6795.625
6640.625................................................... 6800.625
6645.625................................................... 6805.625
6650.625................................................... 6810.625
6655.625................................................... 6815.625
6660.625................................................... 6820.625
6665.625................................................... 6825.625
6670.625................................................... 6830.625
6675.625................................................... 6835.625
6680.625................................................... 6840.625
6685.625................................................... 6845.625
6690.625................................................... 6850.625
6695.625................................................... 6855.625
6700.625................................................... 6860.625
6705.625................................................... 6865.625
6710.625 \1\............................................... \1\ 6720.62
5
(6) 5 MHz bandwidth channels:
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6545 \1\................................................... \1\6715
6550....................................................... 6730
6555 \1\................................................... \1\ 6725
6560....................................................... 6740
6565....................................................... 6735
6585....................................................... 6745
6590....................................................... 6750
6595....................................................... 6755
6600....................................................... 6760
6605....................................................... 6765
6610....................................................... 6770
6615....................................................... 6775
6620....................................................... 6780
6625....................................................... 6785
6630....................................................... 6790
6635....................................................... 6795
6640....................................................... 6800
6645....................................................... 6805
6650....................................................... 6810
6655....................................................... 6815
6660....................................................... 6820
6665....................................................... 6825
6670....................................................... 6830
6675....................................................... 6835
6680....................................................... 6840
6685....................................................... 6845
6690....................................................... 6850
6695....................................................... 6855
6700....................................................... 6860
6705....................................................... 6865
6710 \1\................................................... \1\ 6720
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

(7) 10 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6545 \1\................................................... \1\ 6715
6555 \1\................................................... \1\ 6725
6565....................................................... 6735
6585....................................................... 6745
6595....................................................... 6755
6605....................................................... 6765
6615....................................................... 6775
6625....................................................... 6785
6635....................................................... 6795
6645....................................................... 6805
6655....................................................... 6815
6665....................................................... 6825
6675....................................................... 6835
6685....................................................... 6845
6695....................................................... 6855
6705....................................................... 6865
6535 \2\................................................... \2\ 6575
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
\2\ Available only for emergency restoration, maintenance bypass, or
other temporary-fixed purposes. Such uses are authorized on a non-
interference basis to other frequencies in this band. Interference
analysis required by Sec. 101.105 does not apply to this frequency
pair.

(m) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth.
(1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10605.225.................................................. 10670.225
10605.625.................................................. 10670.625
10606.050.................................................. 10671.050
10606.450.................................................. 10671.450
10606.875.................................................. 10671.875
10607.275.................................................. 10672.275
10607.725.................................................. 10672.725
10608.125.................................................. 10673.125
10608.550.................................................. 10673.550
10608.950.................................................. 10673.950
10609.375.................................................. 10674.375
10609.775.................................................. 10674.775
10610.225.................................................. 10675.225
10610.625.................................................. 10675.625
10611.050.................................................. 10676.050
10611.450.................................................. 10676.450
10611.875.................................................. 10676.875
10612.275.................................................. 10677.275
10612.725.................................................. 10677.725
10613.125.................................................. 10678.125
10613.550.................................................. 10678.550
10613.950.................................................. 10678.950
10614.375.................................................. 10679.375
10614.775.................................................. 10679.775
------------------------------------------------------------------------

(2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10605.425.................................................. 10670.425
10606.250.................................................. 10671.250
10607.075.................................................. 10672.075
10607.925.................................................. 10672.925
10608.750.................................................. 10673.750
10609.575.................................................. 10674.575
10610.425.................................................. 10675.425
10611.250.................................................. 10676.250
10612.075.................................................. 10677.075
10612.925.................................................. 10677.925
10613.750.................................................. 10678.750
10614.575.................................................. 10679.575
------------------------------------------------------------------------

(3) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10550.625.................................................. 10615.625
10551.875.................................................. 10616.875
10553.125.................................................. 10618.125
10554.375.................................................. 10619.375
10555.625.................................................. 10620.625
10556.875.................................................. 10621.875
10558.125.................................................. 10623.125
10559.375.................................................. 10624.375
10560.625.................................................. 10625.625
10561.875.................................................. 10626.875
10563.125.................................................. 10628.125
10564.375.................................................. 10629.375
10565.625.................................................. 10630.625
10566.875.................................................. 10631.875
10568.125.................................................. 10633.125
10569.375.................................................. 10634.375
10570.625.................................................. 10635.625
10571.875.................................................. 10636.875
10573.125.................................................. 10638.125
10574.375.................................................. 10639.375
10575.625.................................................. 10640.625
10576.875.................................................. 10641.875
10578.125.................................................. 10643.125
10579.375.................................................. 10644.375
10580.625.................................................. 10645.625
10581.875.................................................. 10646.875
10583.125.................................................. 10648.125
10584.375.................................................. 10649.375
10585.625.................................................. 10650.625
10586.875.................................................. 10651.875
10588.125.................................................. 10653.125
10589.375.................................................. 10654.375
10590.625.................................................. 10655.625
10591.875.................................................. 10656.875
10593.125.................................................. 10658.125
10594.375.................................................. 10659.375
10595.625.................................................. 10660.625
10596.875.................................................. 10661.875
10598.125.................................................. 10663.125
10599.375.................................................. 10664.375
10600.625.................................................. 10665.625
10601.875.................................................. 10666.875
10603.125.................................................. 10668.125
10604.375.................................................. 10669.375
10605.625.................................................. 10670.625
10606.875.................................................. 10671.875
10608.125.................................................. 10673.125
10609.375.................................................. 10674.375
10610.625.................................................. 10675.625
10611.875.................................................. 10676.875
10613.125.................................................. 10678.125
10614.375.................................................. 10679.375
------------------------------------------------------------------------

(4) 2.5 MHz bandwidth channels:

[[Page 26715]]

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10551.25................................................... 10616.25
10553.75................................................... 10618.75
10556.25................................................... 10621.25
10558.75................................................... 10623.75
10561.25................................................... 10626.25
10563.75................................................... 10628.75
10566.25................................................... 10631.25
10568.75................................................... 10633.75
10571.25................................................... 10636.25
10573.75................................................... 10638.75
10576.25................................................... 10641.25
10578.75................................................... 10643.75
10581.25 \1\............................................... \1\ 10646.2
5
10583.75 \1\............................................... \1\ 10648.7
5
10586.25 \1\............................................... \1\ 10651.2
5
10588.75 \1\............................................... \1\ 10653.7
5
10591.25 \1\............................................... \1\ 10656.2
5
10593.75 \1\............................................... \1\ 10658.7
5
10596.25 \1\............................................... \1\ 10661.2
5
10598.75 \1\............................................... \1\ 10663.7
5
10601.25 \1\............................................... \1\ 10666.2
5
10603.75 \1\............................................... \1\ 10668.7
5
10606.25 \1\............................................... \1\ 10671.2
5
10608.75 \1\............................................... \1\ 10673.7
5
10611.25 \1\............................................... \1\ 10676.2
5
10613.75 \1\............................................... \1\ 10678.7
5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
operation, or applied for prior to July 15, 1993.

(5) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10553.125.................................................. 10618.125
10558.125.................................................. 10623.125
10563.125.................................................. 10628.125
10568.125.................................................. 10633.125
10573.125.................................................. 10638.125
10578.125.................................................. 10643.125
10583.125.................................................. 10648.125
10588.125.................................................. 10653.125
10593.125.................................................. 10658.125
10598.125.................................................. 10663.125
10603.125.................................................. 10668.125
------------------------------------------------------------------------

(6) 5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10552.5.................................................... 10617.5
10557.5.................................................... 10622.5
10562.5.................................................... 10627.5
10567.5 \1\................................................ \1\ 10632.5
10572.5 \1\................................................ \1\ 10637.5
10577.5 \1\................................................ \1\ 10642.5
10582.5 \1\................................................ \1\ 10647.5
10587.5.................................................... 10652.5
10592.5.................................................... 10657.5
10597.5.................................................... 10662.5
10602.5.................................................... 10667.5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
operation, or applied for prior to July 15, 1993.

(n) Point-to-multipoint systems licensed, in operation, or applied
for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted
to use the DEMS frequencies noted above if they prior coordinate such
usage with the necessary parties including 10 GHz point-to-point
applicants and licensees. DEMS Nodal Stations shall use the band
10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-
10,680 MHz.
(o) 10,700 to 11,700 MHz. 40 MHz authorized bandwidth.
(1) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11130.625.................................................. 11620.625
11131.875.................................................. 11621.875
11133.125.................................................. 11623.125
11134.375.................................................. 11624.375
11135.625.................................................. 11625.625
11136.875.................................................. 11626.875
11138.125.................................................. 11628.125
11139.375.................................................. 11629.375
11140.625.................................................. 11630.625
11141.875.................................................. 11631.875
11143.125.................................................. 11633.125
11144.375.................................................. 11634.375
11145.625.................................................. 11635.625
11146.875.................................................. 11636.875
11148.125.................................................. 11638.125
11149.375.................................................. 11639.375
11150.625.................................................. 11640.625
11151.875.................................................. 11641.875
11153.125.................................................. 11643.125
11154.375.................................................. 11644.375
11155.625.................................................. 11645.625
11156.875.................................................. 11646.875
11158.125.................................................. 11648.125
11159.375.................................................. 11649.375
11160.625.................................................. 11650.625
11161.875.................................................. 11651.875
11163.125.................................................. 11653.125
11164.375.................................................. 11654.375
11165.625.................................................. 11655.625
11166.875.................................................. 11656.875
11168.125.................................................. 11658.125
11169.375.................................................. 11659.375
11170.625.................................................. 11660.625
11171.875.................................................. 11661.875
11173.125.................................................. 11663.125
11174.375.................................................. 11664.375
11175.625.................................................. 11665.625
11176.875.................................................. 11666.875
11178.125.................................................. 11668.125
11179.375.................................................. 11669.375
11180.625.................................................. 11680.625
11181.875.................................................. 11681.875
11183.125.................................................. 11683.125
11184.375.................................................. 11684.375
11185.625.................................................. 11685.625
11186.875.................................................. 11686.875
11188.125.................................................. 11688.125
11189.375.................................................. 11689.375
11190.625.................................................. 11690.625
11191.875.................................................. 11691.875
11193.125.................................................. 11693.125
11194.375.................................................. 11694.375
11195.625.................................................. 11695.625
11196.875.................................................. 11696.875
11198.125.................................................. 11698.125
11199.375.................................................. 11699.375
------------------------------------------------------------------------

(2) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11131.25................................................... 11621.25
11133.75................................................... 11623.75
11136.25................................................... 11626.25
11138.75................................................... 11628.75
11141.25................................................... 11631.25
11143.75................................................... 11633.75
11146.25................................................... 11636.25
11148.75................................................... 11638.75
11151.25................................................... 11641.25
11153.75................................................... 11643.75
11156.25................................................... 11646.25
11158.75................................................... 11648.75
11161.25................................................... 11651.25
11163.75................................................... 11653.75
11166.25................................................... 11656.25
11168.75................................................... 11658.75
11171.25................................................... 11661.25
11173.75................................................... 11663.75
11176.25................................................... 11666.25
11178.75................................................... 11668.75
11181.25................................................... 11681.25
11183.75................................................... 11683.75
11186.25................................................... 11686.25
11188.75................................................... 11688.75
11191.25................................................... 11691.25
11193.75................................................... 11693.75
11196.25................................................... 11696.25
11198.75................................................... 11698.75
------------------------------------------------------------------------

(3) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11133.125.................................................. 11623.125
11138.125.................................................. 11628.125
11143.125.................................................. 11633.125
11148.125.................................................. 11638.125
11153.125.................................................. 11643.125
11158.125.................................................. 11648.125
11163.125.................................................. 11653.125
11168.125.................................................. 11658.125
11173.125.................................................. 11663.125
11178.125.................................................. 11668.125
11183.125.................................................. 11683.125
11188.125.................................................. 11688.125
11193.125.................................................. 11693.125
11198.125.................................................. 11698.125
------------------------------------------------------------------------

(4) 5 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
11132.5.................................................... 11622.5
11137.5.................................................... 11627.5
11142.5.................................................... 11632.5
11147.5.................................................... 11637.5
11152.5.................................................... 11642.5
11157.5.................................................... 11647.5
11162.5.................................................... 11652.5
11167.5.................................................... 11657.5
11172.5.................................................... 11662.5
11177.5.................................................... 11667.5
11182.5.................................................... 11682.5
11187.5.................................................... 11687.5
11192.5.................................................... 11692.5
11197.5.................................................... 11697.5
------------------------------------------------------------------------

(5) 10 MHz bandwidth channels:

[[Page 26716]]

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10705...................................................... 11205
10715...................................................... 11215
10725 \2\.................................................. \1\ 11675
10735...................................................... 11225
10745...................................................... 11235
10755...................................................... 11245
10765...................................................... 11255
10775...................................................... 11265
10785...................................................... 11275
10795...................................................... 11285
10805...................................................... 11295
10815...................................................... 11305
10825...................................................... 11315
10835...................................................... 11325
10845...................................................... 11335
10855...................................................... 11345
10865...................................................... 11355
10875...................................................... 11365
10885...................................................... 11375
10895...................................................... 11385
10905...................................................... 11395
10915...................................................... 11405
10925...................................................... 11415
10935...................................................... 11425
10945...................................................... 11435
10955...................................................... 11445
10965...................................................... 11455
10975...................................................... 11465
10985...................................................... 11475
10995...................................................... 11485
11005...................................................... 11495
11015...................................................... 11505
11025...................................................... 11515
11035...................................................... 11525
11045...................................................... 11535
11055...................................................... 11545
11065...................................................... 11555
11075...................................................... 11565
11085...................................................... 11575
11095...................................................... 11585
11105...................................................... 11595
11115...................................................... 11605
11125...................................................... 11615
11135 \1\.................................................. \1\ 11625
11145 \1\.................................................. \1\ 11635
11155 \1\.................................................. \1\ 11645
11165 \1\.................................................. \1\ 11655
11175 \1\.................................................. \1\ 11665
11185 \1\.................................................. \1\ 11685
11195 \1\.................................................. \1\ 11695
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
\2\ These frequencies may be assigned for unpaired use.

(6) 30 MHz bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10715...................................................... 11215
10755...................................................... 11245
10795...................................................... 11285
10835...................................................... 11325
10875...................................................... 11365
10915...................................................... 11405
10955...................................................... 11445
10995...................................................... 11485
11035...................................................... 11525
11075...................................................... 11565
11115...................................................... 11605
11155 \1\.................................................. \1\ 11645
11185 \1\.................................................. \1\ 11685
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.

(7) 40 MHz bandwidth channels:\2\

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
10735...................................................... 11225
10775...................................................... 11265
10815...................................................... 11305
10855...................................................... 11345
10895...................................................... 11385
10935...................................................... 11425
10975...................................................... 11465
11015...................................................... 11505
11055...................................................... 11545
11095...................................................... 11585
11135 \1\.................................................. \1\ 11625
11175 \1\.................................................. \1\ 11665
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
bandwidth systems and should be used only if all other channels are
blocked.
\2\ In congested areas where 40 MHz channels block most 30 MHz channels,
radios authorized for 30 MHz bandwidths may use the 40 MHz channels.
In uncongested areas, 30 MHz channels should be used.

(p) 12,000-12700 MHz: The Commission has allocated the 12.2-12.7
GHz band for use by the broadcasting-satellite service. Private
operational fixed point-to-point microwave stations authorized after
September 9, 1983, will be licensed on a noninterference basis and are
required to make any and all adjustments necessary to prevent
interference to operating domestic broadcasting-satellite systems.
Notwithstanding any other provisions, no private operational fixed
point-to-point microwave stations are permitted to cause interference
to broadcasting-satellite stations of other countries operating in
accordance with the Region 2 plan for the broadcasting-satellite
service established at the 1983 WARC.
(q) Special provisions for low power, limited coverage systems in
the band segments 12.2 12.7 GHz. Notwithstanding any contrary
provisions in this part the frequency pairs 12.220/12.460 GHz, 12.260/
12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz may be authorized
for low power, limited coverage systems subject to the following
provisions:
(1) Maximum equivalent isotropically radiated power (EIRP) shall be
55 dBm;
(2) The rated transmitter output power shall not exceed 0.500
watts;
(3) Frequency tolerance shall be maintained to within 0.01 percent
of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the
sidelobe suppression criteria contained in Sec. 101.115 of this part
shall not apply, except that a minimum front-to-back ratio of 38 dB
shall apply;
(5) Upon showing of need, a maximum bandwidth of 12 MHz may be
authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section
shall have no more than three hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);
(7) Interfering signals at the receiver antenna terminals of
stations authorized under this section shall not exceed -90 dBm and -70
dBm respectively, for co-channel and adjacent channel interfering
signals, and
(8) Stations authorized under the provisions of this section shall
provide the protection from interference specified in Sec. 101.105 to
stations operating in accordance with the provisions of this part.
(r) 17,700 to 19,700 MHz: Applicants may use either a two-way link
or one frequency of a frequency pair for a one-way link and must
coordinate proposed operations pursuant to the procedures required in
Sec. 101.103. (Note, however, that stations authorized as of September
9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper
application, continue to be authorized for such operations.)
(1) 2 MHz maximum authorized bandwidth channel:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
18141.0.................................................... N/A
------------------------------------------------------------------------

(2) 5 MHz maximum authorized bandwidth channels:

[[Page 26717]]

(3) 6 MHz maximum authorized bandwidth channels:

(4) 10 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 MHz Separation
------------------------------------------------------------------------
17705.0.................................................... 19265.0
17715.0.................................................... 19275.0
17725.0.................................................... 19285.0
17735.0.................................................... 19295.0
17745.0.................................................... 19305.0
17755.0.................................................... 19315.0
17765.0.................................................... 19325.0
17775.0.................................................... 19335.0
17785.0.................................................... 19345.0
17795.0.................................................... 19355.0
17805.0.................................................... 19365.0
17815.0.................................................... 19375.0
17825.0.................................................... 19385.0
17835.0.................................................... 19395.0
17845.0.................................................... 19405.0
17855.0.................................................... 19415.0
17865.0.................................................... 19425.0
17875.0.................................................... 19435.0
17885.0.................................................... 19445.0
17895.0.................................................... 19455.0
17905.0.................................................... 19465.0
17915.0.................................................... 19475.0
17925.0.................................................... 19485.0
17935.0.................................................... 19495.0
17945.0.................................................... 19505.0
17955.0.................................................... 19515.0
17965.0.................................................... 19525.0
17975.0.................................................... 19535.0
17985.0.................................................... 19545.0
17995.0.................................................... 19555.0
18005.0.................................................... 18565.0
18015.0.................................................... 19575.0
18025.0.................................................... 19585.0
18035.0.................................................... 19595.0
18045.0.................................................... 19605.0
18055.0.................................................... 19615.0
18065.0.................................................... 19625.0
18075.0.................................................... 19635.0
18085.0.................................................... 19645.0
18095.0.................................................... 19655.0
18105.0.................................................... 19665.0
18115.0.................................................... 19675.0
18125.0.................................................... 19685.0
18135.0.................................................... 19695.0
------------------------------------------------------------------------
340 MHz Separation
------------------------------------------------------------------------
18585.0.................................................... 18925.0
18595.0.................................................... 18935.0
18605.0.................................................... 18945.0
18615.0.................................................... 18955.0
18625.0.................................................... 18965.0
18635.0.................................................... 18975.0
18645.0.................................................... 18985.0
18655.0.................................................... 18995.0
18665.0.................................................... 19005.0
18675.0.................................................... 19015.0
18685.0.................................................... 19025.0
18695.0.................................................... 19035.0
18705.0.................................................... 19045.0
18715.0.................................................... 19055.0
18725.0.................................................... 19065.0
18735.0.................................................... 19075.0
18745.0.................................................... 19085.0
18755.0.................................................... 19095.0
18765.0.................................................... 19105.0
18775.0.................................................... 19115.0
18785.0.................................................... 19125.0
18795.0.................................................... 19135.0
18805.0.................................................... 19145.0
18815.0.................................................... 19155.0
------------------------------------------------------------------------

(5) 20 MHz maximum authorized bandwidth channels:

(6) 40 MHz maximum authorized bandwidth channels:

(7) 80 MHz maximum authorized bandwidth channels:

(8) 220 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
17810.0.................................................... 18470.0
18030.0.................................................... 19370.0
18250.0.................................................... 19590.0
------------------------------------------------------------------------

[[Page 26718]]

(9) The following frequencies are available for point-to-multipoint
DEMS Systems:

------------------------------------------------------------------------
Nodal station User station
Channel No. frequency band frequency band
(MHz) limits (MHz) limits
------------------------------------------------------------------------
25................................... 18,820-18,830 19,160-19,170
26.................................... 18,830-18,840 19,170-19,180
27.................................... 18,840-18,850 19,180-19,190
28.................................... 18,850-18,860 19,190-19,200
29.................................... 18,860-18,870 19,200-19,210
30.................................... 18,870-18,880 19,210-19,220
31.................................... 18,880-18,890 19,220-19,230
32.................................... 18,890-18,900 19,230-19,240
33.................................... 18,900-18,910 19,240-19,250
34.................................... 18,910-18,920 19,250-19,260
------------------------------------------------------------------------

(i) Each station will be limited to one frequency pair per SMSA.
Additional channel pairs may be assigned upon a showing that the
service to be provided will fully utilize the spectrum requested. A
channel pair may be subdivided as desired by the licensee.
(ii) A frequency pair may be assigned to more than one licensee in
the same SMSA or service area so long as the interference protection
criteria of Sec. 101.105 are met.
(10) Special provision for low power systems in the 17-700-19700
MHz band. Notwithstanding other provisions in this Rule part, licensees
of point-to-multipoint channel pairs 25-29 may operate multiple low
power transmitting devices within a defined service area. The service
area will be a 28 kilometer omnidirectional radius originating from
specified center reference coordinates. The specified center
coordinates must be no closer than 56 kilometers from any co-channel
nodal station or the specified center coordinates of another co-channel
system. Applicants/licensees do not need to specify the location of
each individual transmitting device operating within their defined
service areas. Such operations are subject to the following
requirements on the low power transmitting devices:
(i) Power must not exceed one watt EIRP and 100 milliwatts
transmitter output power,
(ii) A frequency tolerance of 0.001% must be maintained; and
(iii) The mean power of emissions shall be attenuated in accordance
with the following schedule:
(A) In any 4 kHz band, the center frequency of which is removed
from the center frequency of the assigned channel by more than 50
percent of the channel bandwidth and is within the bands 18,820-18870
MHz or 19,19160-19,210 MHz:

A=35+.003(F-0.5B) dB
or,
80 dB (whichever is the lesser attenuation).

Where
A=Attenuation (in decibels) below output power level contained within
the channel for a given polarization.
B=Bandwidth of channel in kHz.
F=Absolute value of the difference between the center frequency of the
4 kHz band measured at the center frequency of the channel in kHz.
(B) In any 4 kHz band the center frequency of which is outside the
bands 18.820-18.870 GHz: At least 43+10log10(mean output power in
watts) decibels.
(s) Special provisions for low power, limited coverage systems in
the band segments 21.8-22.0 GHz and 23.0-23.2 GHz. Notwithstanding any
contrary provisions in this part the frequency pairs 21.825/23.025 GHz,
21.875/23.075 GHz, 21.925/23.125 GHz and 21.975/23.175 GHz may be
authorized for low power, limited coverage systems subject to the
following provisions:
(1) Maximum effective radiated power (ERP) shall be 55 dBm;
(2) The rated transmitter output power shall not exceed 0.100
watts;
(3) Frequency tolerance shall be maintained to within 0.05 percent
of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the
sidelobe suppression criteria contained in Sec. 101.115 shall not
apply, except that a minimum front-to-back ratio of 38 dB shall apply;
(5) Upon showing of need, a maximum bandwidth of 50 MHz may be
authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section
shall have no more than five hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);
(7) Interfering signals at the antenna terminals of stations
authorized under this section shall not exceed -90 dBm and -70 dBm
respectively, for co-channel and adjacent channel interfering signals;
and
(8) Stations authorized under the provisions of this section shall
provide the protection from interference specified in Sec. 101.105 to
stations operating in accordance with the provisions of this part.
(t) 31.0 to 31.3 GHz. These frequencies are shared on a co-equal
basis with other stations in the fixed and mobile services (see parts
74 of this chapter, 95 of this chapter, and this part 101). No
interference protection is afforded to fixed or mobile stations
operating in this band.
(1) 25 MHz authorized bandwidth channels, 150 MHz separation:

------------------------------------------------------------------------
Receive)
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,012.5................................................... 31,162.5
31,037.5................................................... 31,187.5
31,062.5................................................... 31,212.5
31,087.5................................................... 31,237.5
31,112.5................................................... 31,262.5
31,137.5................................................... 31,287.5
------------------------------------------------------------------------

(2) 50 MHz authorized bandwidth channels, 150 MHz separation:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,025.0................................................... 31,175.0
31,075.0................................................... 31,225.0
31,125.0................................................... 31,275.0
------------------------------------------------------------------------

(u) Assignments in the band 38,600-40,000 MHz must be according to
the following frequency plan:

----------------------------------------------------------------------------------------------------------------
Channel group A Channel group B
----------------------------------------------------------------------------------------------------------------
Frequency band Frequency Band
Channel No. limits MHz Channel No. limits MHz
----------------------------------------------------------------------------------------------------------------
1-A....................................... 38,600-38,650 1-B............................... 39,300-39,350
2-A....................................... 38,650-38,700 1-B............................... 39,350-39,400
3-A....................................... 38,700-38,750 3-B............................... 39,400-39,450
4-A....................................... 38,750-38,800 4-B............................... 39,450-39,500
5-A....................................... 38,800-38,850 5-B............................... 39,500-39,550
6-A....................................... 38,850-38,900 6-B............................... 39,550-39,600
7-A....................................... 38,900-38,950 7-B............................... 39,600-39,650
8-A....................................... 38,950-39,000 8-B............................... 39,650-39,700

[[Page 26719]]

9-A....................................... 39,000-39,050 9-B............................... 39,700-39,750
10-A...................................... 39,050-39,100 10-B.............................. 39,750-39,800
11-A...................................... 39,100-39,150 11-B.............................. 39,800-39,850
12-A...................................... 39,150-39,200 12-B.............................. 39,850-39,900
13-A...................................... 39,200-39,250 13-B.............................. 39,900-39,950
14-A...................................... 39,250-39,300 14-B.............................. 39,950-40,000
----------------------------------------------------------------------------------------------------------------

Note to (u): These channels are assigned for use within a
rectangular service area to be described in the application by the
maximum and minimum latitudes and longitudes. Such service area must
be as small as practical consistent with the local service
requirements of the carrier. These frequency plans may be subdivided
as desired by the licensee and used within the service area as
desired without further authorization subject to the terms and
conditions set forth in Sec. 101.149. These frequencies may be
assigned only where it is shown that the applicant will have
reasonable projected requirements for a multiplicity of service
points or transmission paths within the area.

(v) Fixed systems licensed, in operation, or applied for in the
3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700
MHz bands prior to July 15, 1993, are permitted to use channel plans in
effect prior to that date, including adding channels under those plans.
(w) Operations on other than the listed frequencies may be
authorized where it is shown that the objectives or requirements of the
interference criteria prescribed in Sec. 101.105 could not otherwise be
met to resolve the interference problems.
(x) The frequency 27.255 MHz in the 27.23-27.28 MHz band is
allocated for assignment to microwave auxiliary stations in this
service on a shared basis with other radio services. Assignments to
stations on this frequency will not be protected from such interference
as may be experienced from the emissions of industrial, scientific and
medical equipment operating on 27.12 MHz in accordance with Sec. 2.106
of this chapter.

Sec. 101.149 Special requirements for operation in the band 38,600-
40,000 MHz

Assigned frequency channels in the band 38,600-40,000 MHz may be
subdivided and used anywhere in the authorized service area, subject to
the following terms and conditions:
(a) No interference may be caused to a previously existing station
operating in another authorized service area;
(b) Each operating station must have posted a copy of the service
area authorization; and
(c) The antenna structure height employed at any location may not
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in
each instance, authorization for use of a specific maximum antenna
structure for each location has been obtained from the FAA prior to the
erection of the antenna.

Subpart D--Operational Requirements

Sec. 101.201 Station inspection.

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

Sec. 101.203 Communications concerning safety of life and property.

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

Sec. 101.205 Operation during emergency.

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

Sec. 101.207 Suspension of transmission.

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

Sec. 101.209 Operation of stations at temporary fixed locations for
communication between the United States and Canada or Mexico.

Stations authorized to operate at temporary fixed locations may not
be used for transmissions between the United States and Canada, or the
United States and Mexico, without prior specific notification to, and
authorization from, the Commission. Notification of such intended usage
of the facilities should include a detailed showing of the operation
proposed, including the parties involved, the nature of the
communications to be handled, the terms and conditions of such
operations, the time and place of operation, such other matters as the
applicant deems relevant, and a showing as to how the public interest,
convenience and necessity would be

[[Page 26720]]

served by the proposed operation. Such notification should be given
sufficiently in advance of the proposed date of operation to permit any
appropriate correlation with the respective foreign government involved
(see Secs. 101.31, 101.811, 101.813, and 101.815).

Sec. 101.211 Operator requirements.

(a) Any person, with the consent or authorization of the licensee,
may employ stations in this service for the purpose of
telecommunications in accordance with the conditions and limitations
set forth in Sec. 101.135.
(b) The station licensee is responsible for the proper operation of
the station at all times and is expected to provide for observations,
servicing and maintenance as often as may be necessary to ensure proper
operation.
(c) The provisions of paragraph (a) of this section may not be
construed to change or diminish in any respect the responsibility of
station licensees to have and to maintain control over the stations
licensed to them (including all transmitter units thereof), or for the
proper functioning and operation of those stations (including all
transmitter units thereof) in accordance with the terms of the licenses
of those stations.

Sec. 101.213 Station identification.

Stations in these services are exempt from the requirement to
identify transmissions by call sign or any other station identifier.

Sec. 101.215 Posting of station authorization and transmitter
identification cards, plates, or signs.

(a) Each licensee shall post at the station the name, address and
telephone number of the custodian of the station license or other
authorization if such license or authorization is not maintained at the
station.
(b) The requirements in paragraph (a) of this section do not apply
to remote stations using frequencies listed in Sec. 101.147(b).

Sec. 101.217 Station records.

Each licensee of a station subject to this part shall maintain
records in accordance with the following:
(a) For all stations, the results and dates of transmitter
measurements and the name of the person or persons making the
measurements;
(b) For all stations, when service or maintenance duties are
performed, which may affect their proper operation, the responsible
operator shall sign and date an entry in the station record concerned,
giving:
(1) Pertinent details of all transmitter adjustments performed by
him or under his supervision; and
(2) His name and address, provided that this information, so long
as it remains unchanged, is not required to be repeated in the case of
a person who is regularly employed as operator on a full-time basis at
the station.
(c) The records shall be kept in an orderly manner, and in such
detail that the data required are readily available. Key letters or
abbreviations may be used if proper meaning or explanation is set forth
in the record.
(d) Each entry in the records of each station shall be signed by a
person qualified to do so, having actual knowledge of the facts to be
recorded.
(e) No record or portion thereof shall be erased, obliterated, or
willfully destroyed within the required retention period. Any necessary
correction may be made only by the person originating the entry, who
shall strike out the erroneous portion, initial the correction made and
indicate the date of correction.
(f) Records required by this part shall be retained by the licensee
for a period of at least one year.

Subpart E--Miscellaneous Common Carrier Provisions

Sec. 101.301 National defense; free service.

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

Sec. 101.303 Answers to notices of violation.

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

Sec. 101.305 Discontinuance, reduction or impairment of service.

(a) If the public communication service provided by a station in
the Common Carrier Radio Services is involuntarily discontinued,
reduced or impaired for a period exceeding 48 hours, the station
licensee must promptly notify the Commission, in writing, at Federal
Communications Commission, Common Carrier Radio Services, 1270
Fairfield Road, Gettysburg, Pennsylvania 17325. In every such case, the
licensee must furnish full particulars as to the reasons for such
discontinuance, reduction or impairment of service, including a
statement as to when normal service is expected to be resumed. When
normal service is resumed, prompt notification thereof must be given in
writing to the Federal Communications Commission, Common Carrier Radio
Services, 1270

[[Page 26721]]

Fairfield Road, Gettysburg, Pennsylvania 17325.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, may voluntarily discontinue, reduce or impair
public communication service to a community or part of a community
without obtaining prior authorization from the Commission pursuant to
the procedures set forth in part 63 of this chapter. In the event that
permanent discontinuance of service is authorized by the Commission,
the station licensee must promptly send the station license to the
Federal Communications Commission, Common Carrier Radio Services, 1270
Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation.
(c) Any common carrier station licensee, not subject to title II of
the Communications Act of 1934, as amended, who voluntarily
discontinues, reduces or impairs public communication service to a
community or a part of a community must give written notification to
the Commission within 7 days thereof. In the event of permanent
discontinuance of service, the station licensee must promptly send the
station license to the Federal Communications Commission, Common
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania
17325 for cancellation.
(d) If any common carrier radio frequency should not be used to
render any service as authorized during a consecutive period of twelve
months at any time after construction is completed under circumstances
that do not fall within the provisions of paragraph (a), (b), or (c) of
this section, or, if removal of equipment or facilities has rendered
the station not operational, the licensee must, within thirty days of
the end of such period of nonuse:
(1) Submit for cancellation the station license (or licenses) to
the Federal Communications Commission, Common Carrier Radio Services,
1270 Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation;
(2) File an application for modification of the license (or
licenses) to delete the unused frequency (or frequencies); or
(3) Request waiver of this rule and demonstrate either that the
frequency will be used (as evidenced by appropriate requests for
service, etc.) within six months of the end of the initial period of
nonuse, or that the frequency will be converted to allow rendition of
other authorized public services within one year of the end of the
initial period of nonuse by the filing of appropriate applications
within six months of the end of the period of nonuse.

Sec. 101.307 Tariffs, reports, and other material required to be
submitted to the Commission.

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

Sec. 101.309 Requirement that licensees respond to official
communications.

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

Sec. 101.311 Equal employment opportunities.

Equal opportunities in employment must be afforded by all common
carrier licensees in accordance with the provisions of Sec. 21.307 of
this chapter.

Subpart F--Developmental Authorizations

Sec. 101.401 Eligibility.

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

Sec. 101.403 Scope of service.

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

Sec. 101.405 Adherence to program of research and development.

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

Sec. 101.407 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of the
rules in this part.

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

Sec. 101.409 Terms of grant; general limitations.

(a) Developmental authorizations normally will be issued for one
year, or such shorter term as the Commission

[[Page 26722]]

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

Sec. 101.411 Supplementary showing required.

(a) Authorizations for development of a proposed radio service in
the services included in this part will be issued only upon a showing
that the applicant has a definite program of research and development,
the details of which must be set forth, which has reasonable promise of
substantial contribution to these services within the term of such
authorization. A specific showing should be made as to the factors
which qualify the applicant technically to conduct the research and
development program, including a description of the nature and extent
of engineering facilities that the applicant has available for such
purposes.
(b) Expiring developmental authorizations may be renewed only upon
the applicant's compliance with the applicable requirements of
Sec. 101.413 (a) and (b) relative to the authorization sought to be
renewed and upon a factual showing that further progress in the program
of research and development requires further radio transmission and
that the public interest, convenience or necessity would be served by
renewal of such authorization.

Sec. 101.413 Developmental report required.

(a) Upon completion of the program of research and development, or,
in any event, upon the expiration of the instrument of station
authorization under which such investigations were permitted, or at
such times during the term of the station authorization as the
Commission may deem necessary to evaluate the progress of the
developmental program, the licensee must submit, in duplicate, a
comprehensive report on the following items, in the order designated:
(1) Report on the various phases of the project which were
investigated;
(2) Total number of hours of operation on each frequency assigned;
(3) Copies of any publication on the project;
(4) Detailed analysis of the result obtained; and
(5) Any other pertinent information.
(b) In addition to the information required by paragraph (a) of
this section, the developmental report of a station authorized for the
development of a proposed radio service must include comprehensive
information on the following items:
(1) Probable public support and methods of its determination;
(2) Practicability of service operations;
(3) Interference encountered;
(4) Pertinent information relative to merits of the proposed
service;
(5) Propagation characteristics of frequencies used, particularly
with respect to the service objective;
(6) Frequencies believed to be more suitable and reasons therefor;
and
(7) Type of signals or communications employed in the experimental
work.
(c) Developmental reports will be made a part of the Commission's
public records, except upon the applicant's specific request for
confidentiality and Commission approval in accordance with Sec. 0.459
of this chapter. Information determined confidential by the Commission
will not be publicly disclosed.

Subpart G--Digital Electronic Message Service

Sec. 101.501 Eligibility.

Applications will be granted only in cases in which the applicant
establishes it is legally, technically, financially and otherwise
qualified to render the services proposed and that the public interest,
convenience and necessity would be served by such a grant. Each
application will identify the Standard Metropolitan Statistical Area
(SMSA) within which boundaries the Digital Electronic Message Service
(DEMS) nodal station will be constructed and which the facility will
serve.

Sec. 101.503 Digital Electronic Message Service Nodal Stations.

DEMS Nodal Stations may be authorized only as a part of an
integrated communication system wherein DEMS User Stations associated
therewith also are licensed to the DEMS Nodal Station licensee.
Applications for DEMS Nodal Station licenses should specify the maximum
number of DEMS User Stations to be served by that nodal station. Any
increase in that number must be applied for pursuant to Sec. 101.15.

Sec. 101.505 Frequencies.

(a) Frequencies in the 17,700-19,700 MHz band are available for
assignment for all DEMS applicants. Assignment will consist of a pair
of channels as set out in paragraph (c) of this section plus internodal
channels as set out in paragraph (d) of this section.
(b) Licensees may apply for an additional channel pair in an SMSA
only when it is operating its previously authorized DEMS at or near the
expected capacity and the service to be provided will fully utilize all
spectrum requested.
(c) DEMS assignments will be made according to the following plan,
except that systems licensed, in operation, or applied for in the
10,565-10,615 and 10,630-10,680 MHz bands prior to July 15, 1993 are
permitted to use frequencies in those bands if they prior coordinate
with 10 GHz point-to-point licensees:

------------------------------------------------------------------------
Nodal station User station
Channel No frequency band frequency band
(MHz) (MHz)
------------------------------------------------------------------------
30.................................... 18,870-18,880 19,210-19,220
31.................................... 18,880-18,890 19,220-19,230
32.................................... 18,890-18,900 19,230-19,240
33.................................... 18,900-18,910 19,240-19,250
34.................................... 18,910-18,920 19,250-19,260
------------------------------------------------------------------------

Note to (c): These channel pairs will be assigned in each SMSA
and may be subdivided as desired by the licensee.

(d) Internodal link assignments are to be made in accordance with
the provisions of Subpart I of this part, applying to point-to-point
operations.

Sec. 101.507 Frequency stability.

The frequency stability of each DEMS Nodal Station transmitter
authorized for this service in the 17,700-19,700 MHz band must be
0.001%. The frequency stability of each DEMS User Station
transmitter authorized for this service in this band must be
0.003%.

Sec. 101.509 Interference protection criteria.

(a) All harmful interference to other users and blocking of
adjacent channel

[[Page 26723]]

use in the same city and cochannel use in nearby Standard Metropolitan
Statistical Areas is prohibited. In areas where SMSA's are in close
proximity, careful consideration should be given to minimum power
requirements and to the location, height, and radiation pattern of the
transmitting antenna. Licensees and applicants are expected to
cooperate fully in attempting to resolve problems of potential
interference before bringing the matter to the attention of the
Commission.
(b) As a condition for use of frequencies in this service each
carrier is required to:
(1) Engineer the system to be reasonably compatible with adjacent
channel operations in the same city; and
(2) Cooperate fully and in good faith to resolve whatever potential
interference and transmission security problems may be present in
adjacent channel operation.
(c) The following interference studies, as appropriate, must be
included with each application for a new or major modification in a
DEMS Nodal Station:
(1) An analysis of the potential for harmful interference with
other stations if the coordinates of any proposed station are located
within 80 kilometers (50 miles) of the coordinates of any authorized,
or previously proposed station(s) that utilizes, or would utilize, the
same frequency or an adjacent potentially interfering frequency; and
(2) An analysis concerning possible adverse impact upon Canadian
communications if the station's transmitting antenna is to be located
within 55 kilometers (35 miles) of the Canadian border.
(d) In addition a copy of the interference analysis submitted in
response to paragraph (c)(1) of this section must be served on all
applicants and/or grantees concerned within 5 days of its submission to
the Commission.

Sec. 101.511 Purpose and permissible service.

(a) The DEMS is intended to provide for the exchange of digital
information among and between subscribers using one or more DEMS
Systems.
(b) Unless otherwise directed or conditioned in the applicable
instrument of authorization, DEMS may be used to exchange any type of
digital information consistent with the Commission's Rules and the
applicable tariff of the carrier.
(c) The carrier's tariff must fully describe the parameters of the
service to be provided, including the degree of communications security
a subscriber can expect in ordinary service.

Sec. 101.513 Transmitter power.

The transmitter power will be governed by Sec. 101.113. Further,
each application must contain an analysis demonstrating compliance with
Sec. 101.113(a).

Sec. 101.515 Emissions and bandwidth.

Different types of emissions may be authorized if the applicant
describes fully the modulation and bandwidth desired, and demonstrates
that the bandwidth desired is no wider than needed to provide the
intended service. In no event, however, may the necessary or occupied
bandwidth exceed the specified channel width of the assigned pair.

Sec. 101.517 Antennas.

(a) Transmitting antennas may be omnidirectional or directional,
consistent with coverage and interference requirements.
(b) The use of horizontal or vertical plane wave polarization, or
right hand or left hand rotating elliptical polarization must be used
to minimize harmful interference between stations.
(c) Directive antennas must be used at all DEMS User Stations and
may be elevated no higher than necessary to assure adequate service.
Antenna structures requiring FAA notification under part 17 of this
chapter must be registered with the Commission. The structure owner is
responsible for registering, painting, and lighting the structure if
applicable. Requests for such authorization must show the inclusive
dates of the proposed operation.

Sec. 101.519 Interconnection.

(a) All DEMS licensees must make available to the public all
information necessary to allow the manufacture of user equipment that
will be compatible with the licensee's network.
(b) All DEMS licensees must make available to the public all
information necessary to allow interconnection of DEMS networks.

Sec. 101.521 Spectrum utilization.

All applicants for DEMS frequencies must submit as part of the
original application a detailed plan indicating how the bandwidth
requested will be utilized. In particular the application must contain
detailed descriptions of the modulation method, the channel time
sharing method, any error detecting and/or correcting codes, any
spatial frequency reuse system and the total data throughput capacity
in each of the links in the system. Further, the application must
include a separate analysis of the spectral efficiency including both
information bits per unit bandwidth and the total bits per unit
bandwidth.

Subpart H--Private Operational Fixed Point-to-Point Microwave
Service

Sec. 101.601 Eligibility

Any person, or any governmental entity or agency, eligible for
licensing in a radio service under parts 80, 87, or 90 of this chapter
or any person proposing to provide communications service to such
persons, governmental entities or agencies is eligible to hold a
license under this subpart.

Sec. 101.603 Permissible communications.

(a) Except as provided in paragraph (b) of this section, stations
in this radio service may transmit communications as follows:
(1) On frequencies below 21,200 MHz, licensees may transmit their
own communications, including the transmission of their products and
information services, to their customers except that the distribution
of video entertainment material to customers is permitted only as
indicated in Sec. 101.101 and paragraph (a)(2) of this section.
(2) In the frequency bands 6425-6525 MHz, 18,142-18,580 MHz and on
frequencies above 21,200 MHz, licensees may deliver any of their own
products and services to any receiving location;
(3) Licensees may transmit the communications of their parent
corporation, or of another subsidiary of the same parent, or their own
subsidiary where the party to be served is regularly engaged in any of
the activities that constitute the basis for eligibility to use the
frequencies assigned;
(4) Licensees may transmit the communications of other parties in
accordance with Sec. 101.135;
(5) Licensees may transmit emergency communications unrelated to
their activities in accordance with Sec. 101.205;
(6) Licensees may transmit communications on a commercial basis to
eligible users, among different premises of a single eligible user, or
from one eligible user to another as part of transmissions by Digital
Electronic Message Service systems on the frequencies provided for this
purpose;
(7) Licensees may transmit program material from one location to
another, provided that the frequencies do not serve as the final RF
link in the chain of distribution of the program material to broadcast
stations;
(b) Stations licensed in this radio service shall not:
(1) Render a common carrier communications service of any kind;

[[Page 26724]]

(2) Transmit program material for use in connection with
broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of
this section; and/or
(3) Be used to provide the final RF link in the chain of
transmission of program material to cable television systems,
multipoint distribution systems or master antenna TV systems, except in
the frequency bands 6425-6525 and 18,142-18,580 MHz and on frequencies
above 21,200 MHz.

Subpart I--Common Carrier Fixed Point-to-Point Microwave Service

Sec. 101.701 Eligibility.

(a) Authorizations for stations in this service will be issued to
existing and proposed common carriers. Applications will be granted
only in cases in which it is shown that:
(1) The applicant is legally, technically, financially and
otherwise qualified to render the proposed service;
(2) There are frequencies available to enable the applicant to
render a satisfactory service; and
(3) The public interest, convenience, and necessity would be served
by a grant thereof.
(b) If the content is originated, selected, controlled, or
otherwise substantively influenced by the applicant, licensee, or a
closely affiliated entity, no station or radio frequency in this
service will be authorized, or may be utilized, to transmit any closed
circuit television signals or television signals other than broadcast
television signals, unless:
(1) Such service is otherwise permitted for a specific length of
time by grant of an acceptable petition for waiver of this rule; or
(2) Such service is otherwise permitted by a condition in the
applicable instrument of authorization; or
(3) Such service is provided pursuant to applicable FCC tariff and
is temporary and occasional intra-company television communication for
management, network supervision, or other internal carrier functions.
For purposes of this paragraph, an entity will be considered to be
``closely affiliated'' with an applicant if it is in a parent-
subsidiary relationship, or both are commonly controlled, or they have
any common officers or management employees.
(c) Applications for stations or frequencies that will be used
primarily to relay broadcast television signals must include a
demonstration (including appropriate system diagrams and tables) that
at least fifty percent of the customers (or points of service) on the
microwave system involved, including those served through an
interconnecting carrier(s), receiving applicant's service, will not be
related or affiliated in any degree with the applicant, and that the
proposed usage by such customers, in terms of hours of use and channels
delivered, must constitute at least fifty percent of the usage of the
applicant's microwave service.
Applications that do not contain these demonstrations will be
returned as unacceptable for filing.

Sec. 101.703 Permissible communications.

Stations in this service are authorized to render any kind of
communication service provided for in the legally applicable tariffs of
the carrier, unless otherwise directed in the applicable instrument of
authorization or limited by Sec. 101.147 or Secs. 101.111 and 101.113.

Sec. 101.705 Renewal of station licenses.

(a) An application for renewal of a station license in the Common
Carrier Fixed Point-to-Point Microwave Service primarily used to relay
television signals must contain:
(1) A statement that such use complies with Sec. 101.701(b); and
(2) The demonstration required by Sec. 101.701(c). Applications
that do not contain these items as appropriate will be returned as
unacceptable for filing.
(b) Any application for renewal of license, for a term commencing
January 1, 1975, or after, involving facilities utilizing frequency
diversity must contain a statement showing compliance with
Sec. 101.103(c) or the exceptions recognized in paragraph 141 of the
``First Report and Order'' in Docket No. 18920 (29 FCC 2d 870). (This
document is available at: Federal Communications Commission, Library
(Room 639), 1919 M Street, NW., Washington, DC.) If not in compliance,
a complete statement with the reasons therefor must be submitted.

Subpart J--Local Television Transmission Service

Sec. 101.801 Eligibility.

Authorizations for stations in this service will be granted to
existing and proposed communication common carriers. Applications will
be granted only in cases where it is shown that:
(a) The applicant is legally, financially, technically and
otherwise qualified to render the proposed service;
(b) There are frequencies available to enable the applicant to
render a satisfactory service; and
(c) The public interest, convenience or necessity would be served
by a grant thereof.

Sec. 101.803 Frequencies.

(a) Frequencies in the following bands are available for assignment
to television pickup and television non-broadcast pickup stations in
this service:

6,425 to 6,525 MHz. (6)
11,700 to 12,200 MHz. (3)
13,200 to 13,250 MHz. (1)
14,200 to 14,400 MHz.
21,200 to 22,000 MHz. (1), (2), (4), (5)
22,000 to 23,600 MHz. (1), (2), (5)
31,000 to 31,300 MHz. (7)

Notes

(1) This frequency band is shared with fixed and mobile stations
licensed under this and other parts of the Commission's Rules.
(2) This frequency band is shared with Government stations.
(3) This frequency band is shared, on a secondary basis, with
stations in the broadcasting-satellite and fixed-satellite services.
(4) This frequency band is shared with stations in the earth-
exploration satellite service.
(5) Assignments to common carriers in this band are normally
made in the segments 21,200-21,800 MHz and 22,400-23,800 MHz and to
operational fixed users in the segments 21,800-22,400 MHz and
23,000-23,600 MHz. Assignments may be made otherwise only upon a
showing that interference free frequencies are not available in the
normally assigned band segments. The maximum power for the local
television transmission service in the 14.2-14.4 GHz band is +45 dBW
except that operations are not permitted within 1.5 degrees of the
geostationary orbit.
(6) This band is co-equally shared with mobile stations licensed
pursuant to parts 74 and 78 of this chapter, and subpart H of this
part.
(7) Use of this spectrum for direct delivery of video programs
to the general public or multi-channel cable distribution is not
permitted.
(b) Communications common carriers in the Local Television
Transmission Service may be assigned frequencies listed in
Secs. 74.602(a), 78.18(a)(7) and 78.18(a)(8) of this chapter to provide
service to television broadcast stations, television broadcast network-
entities, cable system operators and cable network-entities. Frequency
availability is subject to the provisions of Sec. 74.604 of this
chapter and the use of the facility is limited to the permissible uses
described in Secs. 74.631 and 78.11 of this chapter. Operations on
these frequencies are subject to the technical provisions of part 74,
subpart F, and part 78, subpart D of this chapter.
(c) [Reserved]
(d) Frequencies in the following bands are available for assignment
to television STL stations in this service:

3,700 to 4,200 MHz (1)
5,925 to 6,425 MHz (1),(5)

[[Page 26725]]

10,700 to 11,700 MHz (1),(6)
13,200 to 13,250 MHz (2)
21,200 to 22,000 MHz (2),(4),(7),(8)
22,000 to 23,600 MHz (2),(6),(8)
31,000 to 31,300 MHz (9)

Notes

(1) This frequency band is shared with stations in the Point to
Point Microwave Radio Service and, in United States Possessions in
the Caribbean area, with stations in the International Fixed
Radiocommunications Services.
(2) This frequency band is shared with fixed and mobile stations
licensed under this and other parts of the Commission's rules.
(3) This frequency band is shared with space stations (space to
earth) in the fixed-satellite service.
(4) This frequency band is shared with Government stations.
(5) This frequency band is shared with earth stations (earth to
space) in the fixed-satellite services.
(6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared
with space stations (space to earth) in the fixed-satellite service.
(7) This frequency band is shared with space stations (space to
earth) in the earth exploration satellite service.
(8) Assignments to common carriers in this band are normally
made in the segments 21,200-21,800 MHz and 22,400-23,000 MHz and to
operational fixed users in the segments 21,800-22,400 MHz and
23,000-23,600 MHz. Assignments may be made otherwise only upon a
showing that interference free frequencies are not available in the
appropriate band segments.
(9) Frequencies in this band are co-equally shared with stations
in the Auxiliary Broadcasting (part 74) of this chapter, Cable
Television Relay (part 78) of this chapter, Private Operational-
Fixed Microwave (subpart H) of this part, and General Mobile Radio
Services (part 95) of this chapter.

(e) 31.0 to 31.3 GHz. These frequencies are shared on a co-equal
basis with other stations in the fixed and mobile services (see parts
74, 78, and 95 of this chapter, and subpart H of this part). No
interference protection is afforded to fixed or mobile stations
operating in this band.
(1) 25 MHz authorized bandwidth channels, 150 MHz separation.

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,012.5................................................... 31,162.5
31,037.5................................................... 31,187.5
31,062.5................................................... 31,212.5
31,087.5................................................... 31,237.5
31,112.5................................................... 31,262.5
31,137.5................................................... 31,287.5
------------------------------------------------------------------------

(2) 50 MHz authorized bandwidth channels, 150 MHz separation.

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
31,025.0................................................... 31,175.0
31,075.0................................................... 31,225.0
31,125.0................................................... 31,275.0
------------------------------------------------------------------------

(f) On the condition that harmful interference will not be caused
to services operating in accordance with the Table of Frequency
Allocations, persons holding valid station authorizations on July 15,
1963, to provide television nonbroadcast pickup service in the 6525-
6575 MHz band may be authorized to continue use of the frequencies
specified in their authorization for such operations until July 15,
1968.
(g) 6425 to 6525 MHz--Mobile Only. Paired and un-paired operations
permitted. Use of this spectrum for direct delivery of video programs
to the general public or for multi-channel cable distribution is not
permitted. This band is co-equally shared with mobile stations licensed
pursuant to parts 74 and 78 of this chapter. The following channel
plans apply.
(1) 1 MHz maximum authorized bandwidth channels.

(2) 8 MHz maximum authorized bandwidth channels.

(3) 25 MHz maximum authorized bandwidth channels.

(h) The frequency 27.255 MHz in the 27.23-27.28 MHz band is
allocated for assignment to microwave auxiliary stations in this
service on a shared basis with other radio services. Assignments to
stations on this frequency will not be protected from such interference
as may be experienced from the emissions of industrial, scientific and
medical equipment operating on 27.12 MHz in accordance with Sec. 2.106
of this chapter.

Sec. 101.805 Assignment of frequencies to mobile stations.

The assignment of frequencies to mobile stations in this service
will not be limited to a single licensee within any area. However,
geographical limits within which mobile units may operate may be
imposed by the Commission.

Sec. 101.807 Transmitter power.

Stations in this service will not be authorized to use transmitters
having a rated power output in excess of the limits set forth in
Sec. 101.113(b) and a standby transmitter having a rated power output
in excess of that of the main transmitter with which it is associated
will not be authorized.

Sec. 101.809 Bandwidth and emission limitations.

(a) Stations in this service operating on frequencies in the 27.23-
27.28 MHz band will be authorized to employ only amplitude modulated or
frequency modulated emission for radiotelephony. The authorization to
use such emissions will be construed to include authority to employ
unmodulated emission only for temporary or short periods necessary for
equipment testing incident to the construction and maintenance of the
station.
(b) Stations in the service operating on frequencies above 940 MHz
may be authorized to use amplitude modulated, frequency modulated or
pulse type of emission for radiotelephony and television. In addition,
the use of unmodulated emission may be authorized in appropriate cases.
(c) The maximum bandwidths which will normally be authorized for
single channel operation on frequencies below 500 MHz in this service
must not exceed the limits set forth below:

------------------------------------------------------------------------
Authorized
Type of emission bandwidth
(kHz)
------------------------------------------------------------------------
A3E........................................................ 8
F3E or (G3E)............................................... 40
------------------------------------------------------------------------

(d) Maximum bandwidths in the following frequency bands must not
exceed the limits set forth below:

------------------------------------------------------------------------
Maximum
authorized
Frequency band (MHz) bandwidth
(MHz)
------------------------------------------------------------------------
3,700 to 4,200............................................. 20
5,925 to 6,425............................................. 30
6,425 to 6,525............................................. 25
10,700 to 12,200........................................... 40
13,200 to 13,250........................................... 25

[[Page 26726]]

22,000 to 23,600........................................... 100
------------------------------------------------------------------------

(e) The bandwidths authorized on frequencies above 500 MHz must be
appropriate to the type of operation in any particular case. An
application requesting such authorization must fully describe the
modulation, emission, and bandwidth desired and must specify the
bandwidth to be occupied.

Sec. 101.811 Modulation requirements.

(a) The use of modulating frequencies higher than 3000 hertz for
single channel radiotelephony or tone signaling on frequencies below
500 MHz is not authorized.
(b) When amplitude modulation is used, the modulation percentage
must be sufficient to provide efficient communication and must normally
be maintained above 70 percent on positive peaks, but may not exceed
100 percent on negative peaks.
(c) When phase or frequency modulation is used for single channel
radiotelephony on frequencies below 500 MHz, the deviation arising from
modulation may not exceed plus or minus 15 kHz from the unmodulated
carrier.
(d) Each unmultiplexed radiotelephone transmitter having more than
3 watts plate power input to the final radio frequency stage and
initially installed at the station in this service after September 4,
1956, must be provided with a device that will automatically prevent
modulation in excess of that specified in paragraphs (b) and (c) of
this section which may be caused by greater than normal audio level.

Sec. 101.813 Remote control operation of mobile television pickup
stations.

(a) Mobile television pickup stations (including nonbroadcast) may
be operated by remote control from the fixed locations for periods not
to exceed 6 months.
(b) The Commission may, upon adequate showing by the licensee as to
why the television pickup operations should not be conducted under a
fixed station authorization, renew the authority granted under the
provisions of paragraph (a) of this section.
(c) Reference should be made to Sec. 101.125 concerning mobile
station antenna height restrictions and to paragraphs (c) and (f) of
Sec. 101.131 concerning control points.

Sec. 101.815 Stations at temporary fixed locations.

(a) Authorizations may be issued upon proper application for the
use of frequencies listed in Sec. 101.803 by stations in the Local
Television Transmission Service for rendition of temporary service to
subscribers under the following conditions:
(1) When a fixed station is to remain at a single location for less
than 6 months, the location is considered to be temporary. Services
that are initially known to be of longer than 6 months' duration may
not be provided under a temporary fixed authorization but rendered
pursuant to a regular license.
(2) When a fixed station authorized to operate at temporary
locations is installed and it subsequently becomes necessary for the
station to operate from such location for more than six months,
application FCC Form 494 for a station authorization to specify the
permanent location must be filed at least thirty days prior to the
expiration of the six month period.
(3) The station must be used only for rendition of communication
service at a remote point where the provision of wire facilities is not
practicable.
(4) The antenna structure height employed at any location may not
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in
each instance, authorization for use of a specific maximum antenna
structure height for each location has been obtained from the
Commission prior to erection of the antenna. See Sec. 101.125.
(5) Applications for such stations must comply with the provisions
of Sec. 101.713.
(b) Applications for authorizations to operate stations at
temporary locations under the provisions of this section may be made
upon FCC Form 494. Blanket applications may be submitted for the
required number of transmitters.
(c) Prior coordination of mobile assignments will be in accordance
with the procedures in Sec. 101.103(d) except that the prior
coordination process for mobile (temporary fixed) assignments may be
completed orally and the period allowed for response to a coordination
notification may be less than 30 days if the parties agree.

Sec. 101.817 Notification of station operation at temporary locations.

(a) The licensee of stations authorized pursuant to Sec. 101.813
must notify the Commission prior to each period of operation. This
notification may be oral or written and must include:
(1) The call sign, manufacturer's name, type or model number,
output power and specific location of the transmitter(s);
(2) The maintenance location for the transmitter;
(3) The location of the transmitting or receiving station with
which it will communicate and the identity of the correspondent
operating such facilities;
(4) The exact frequency or frequencies to be used;
(5) The public interest, convenience and necessity to be served by
operation of the proposed installation;
(6) The commencement and anticipated termination dates of operation
from each location. In the event the actual termination date differs
from the previous notification, written notice thereof promptly must be
given to the Commission;
(7) Where the notification contemplates initially a service that is
to be rendered for a period longer than 90 days, the notification must
contain a showing as to why application should not be made for regular
authorization; and
(8) A notification must include compliance with the provisions of
Sec. 101.813(c).
(b) A copy of the notification must be kept with the station
license.

Sec. 101.819 Stations affected by coordination contour procedures.

In frequency bands shared with the communication-satellite service,
applicants must also comply with the requirements of Sec. 101.21.

Note: This attachment will not be published in the Code of
Federal Regulations.

Attachment--Cross Reference Table
------------------------------------------------------------------------
Present section Final section
------------------------------------------------------------------------
Part 21
------------------------------------------------------------------------
Subpart A--General
------------------------------------------------------------------------
21.1................................... 101.1
21.2................................... 101.3
------------------------------------------------------------------------
Subpart B--Applications and Licenses
------------------------------------------------------------------------
21.3................................... 101.5
21.4................................... 101.7
21.5................................... 101.9
21.6................................... 101.11
21.7................................... 101.15
21.11.................................. 101.15
21.13.................................. 101.19
21.15.................................. 101.21
21.19.................................. 101.23
21.20.................................. 101.35
21.21.................................. 101.25
21.22.................................. 101.27
21.23.................................. 101.29
21.25.................................. 101.31
21.26.................................. 101.35
21.27.................................. 101.37

[[Page 26727]]

21.28.................................. 101.39
21.29.................................. 101.41
21.30.................................. 101.43
21.31.................................. 101.45
21.32.................................. 101.47
21.33.................................. 101.49
21.35.................................. 101.51
21.38.................................. 101.53
21.39.................................. 101.55
21.40.................................. 101.57
21.41.................................. 101.59
21.42.................................. 101.61
21.43.................................. 101.63
21.44.................................. 101.65
21.45.................................. 101.67
21.50.................................. 101.69
------------------------------------------------------------------------
Subpart C--Technical Standards
------------------------------------------------------------------------
21.100................................. 101.103
21.101................................. 101.107
21.105................................. 101.109
21.106................................. 101.111
21.107................................. 101.113
21.108 (a) through (e)................. 101.115(a)-(d)
21.108(e).............................. 101.145
21.110................................. 101.117
21.111................................. 101.119
21.112................................. 101.121
21.113................................. 101.123
21.114................................. 101.125
21.116................................. 101.127
21.117................................. 101.129
21.118................................. 101.131
21.119................................. 101.133(a)
21.120................................. 101.139
21.122................................. 101.141
------------------------------------------------------------------------
Subpart D--Technical Operations
------------------------------------------------------------------------
21.200................................. 101.201
21.201................................. 101.215
21.209................................. 101.205
21.210................................. 101.207
21.211................................. 101.209
21.214................................. 101.211
------------------------------------------------------------------------
Subpart E--Miscellaneous
------------------------------------------------------------------------
21.301................................. 101.301
21.302................................. 101.303
21.303................................. 101.305
21.304................................. 101.307
21.306................................. 101.309
21.307................................. 101.311
------------------------------------------------------------------------
Subpart F--Developmental Authorizations
------------------------------------------------------------------------
21.400................................. 101.401
21.401................................. 101.403
21.402................................. 101.405
21.403................................. 101.407
21.404................................. 101.409
21.405................................. 101.411
21.406................................. 101.413
------------------------------------------------------------------------
Subpart G--Digital Electronic Message Service
------------------------------------------------------------------------
21.500................................. 101.501
21.501................................. 101.503
21.502................................. 101.505
21.503................................. 101.507
21.504................................. 101.509
21.505................................. 101.511
21.506................................. 101.513
21.507................................. 101.113
21.508................................. 101.515
21.509................................. 101.517
21.510................................. 101.519
21.511................................. 101.521
------------------------------------------------------------------------
Subpart H--[Reserved]
------------------------------------------------------------------------
Subpart I--Point-to-Point Microwave Radio Service
------------------------------------------------------------------------
21.700................................. 101.701
21.701................................. 101.147
21.702................................. 101.113
21.703................................. 101.109 and 101.111
21.704................................. 101.141
21.705................................. 101.703
21.706................................. 101.21
21.707................................. 101.31
21.708................................. 101.31
21.709................................. 101.705
21.710................................. 101.145 (a) through (c)
21.710(d).............................. 101.141
21.711................................. 101.149
------------------------------------------------------------------------
Subpart J--Local Television Transmission Service
------------------------------------------------------------------------
21.800................................. 101.801
21.801................................. 101.803
21.802................................. 101.805
21.803................................. 101.807
21.804................................. 101.809
21.805................................. 101.811
21.806................................. 101.813
21.807................................. 101.815
21.808................................. 101.817
21.809................................. 101.819
------------------------------------------------------------------------
Subpart K--Multipoint Distribution Service
------------------------------------------------------------------------
[This Subpart retained in Part 21]
------------------------------------------------------------------------
Part 94--
------------------------------------------------------------------------
Subpart A--General Information
------------------------------------------------------------------------
94.1................................... 101.1
94.3................................... 101.3
94.5................................... 101.601
94.7................................... 101.7(a)
94.9................................... 101.603
94.11(a)............................... 101.133(b)
94.11(b)............................... 101.205
94.13.................................. 101.137
94.15(a)............................... 101.103(a)
94.15(e)............................... 101.149
94.15(f)............................... 101.149
94.15(g)............................... 101.149
94.17.................................. 101.135
94.19.................................. 101.133(c)
------------------------------------------------------------------------
Subpart B--Applications, Authorizations, and Notifications
------------------------------------------------------------------------
94.23.................................. 101.5(a)
94.25(a)(b)............................ 101.11
94.25(d)............................... 101.13(b)
94.25 (e).............................. 101.13(c)
94.25(f)............................... 101.123(a)
94.25(g)............................... 101.123(b)
94.25(h)............................... 101.603(b)(3)
94.25(i)............................... 101.123(c)
94.25(j)............................... 101.13(f)
94.25(k)............................... 101.101
94.27.................................. 101.13
94.29.................................. 101.33
94.31(a)............................... 101.19
94.31(d)............................... 101.411
94.31(e)............................... 101.13(b)
94.31(f)............................... 101.19
94.31(h)............................... 101.121
94.31(i)............................... 101.5(c)
94.31(k)............................... 101.147
94.33.................................. 101.35
94.35(b)............................... 101.39(a)
94.37.................................. 101.47
94.39(a)............................... 101.67(d)
94.39(b)............................... 101.409
94.41.................................. 101.47(d)
94.43.................................. 101.31
94.45.................................. 101.57(d)(e)
94.47(a)............................... 101.53(a)
94.47(b)............................... 101.55(b)
94.51.................................. 101.63
94.53.................................. 101.65(d)
94.59.................................. 101.69
------------------------------------------------------------------------
Subpart C--Technical Standards
------------------------------------------------------------------------
94.61.................................. 101.101
94.63.................................. 101.105
94.65.................................. 101.147
94.67.................................. 101.107
94.69.................................. 101.109(b)
94.71(a)............................... 101.109(a)
94.71(b)............................... 101.109(c)
94.71.................................. 101.111 (c) through (e)
94.73.................................. 101.113
94.75(a)(b)............................ 101.115
94.75.................................. 101.115 (d) through (f)
94.75(h)............................... 101.517
94.77(a)............................... 101.145
94.79.................................. 101.143
94.81.................................. 101.139
94.83.................................. 101.131(a)
94.88.................................. 101.147(r)(10)
94.90.................................. 101.147(q)
94.91.................................. 101.147(s )
94.92.................................. 101.105(d)
94.93.................................. 101.147(p)
94.94.................................. 101.141(e)
------------------------------------------------------------------------
Subpart D--Station Operating Requirements
------------------------------------------------------------------------
94.101................................. 101.209
94.103................................. 101.211
94.105................................. 101.213
94.107................................. 101.215
94.109................................. 101.201

[[Page 26728]]

94.111................................. 101.121
94.113................................. 101.217
------------------------------------------------------------------------
Subpart E--Developmental Operation
------------------------------------------------------------------------
94.151................................. 101.401
94.153................................. 101.407
94.155................................. 101.405
94.157................................. 101.409(b)
94.159................................. 101.409(b)
94.161................................. 101.409
94.163................................. 101.411
94.165................................. 101.413
------------------------------------------------------------------------

[FR Doc. 96-12942 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P}}}}}}}}}