[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Rules and Regulations]
[Pages 68904-68984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32801]
[[Page 68903]]
_______________________________________________________________________
Part III
Federal Communications Commission
_______________________________________________________________________
47 CFR Part 0, et al.
Facilitate the Development and Use of the Universal Licensing System in
the Wireless Telecommunications Services; Final Rule
Federal Register / Vol. 63, No. 239 / Monday, December 14, 1998 /
Rules and Regulations
[[Page 68904]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101
[WT Docket No. 98-20; WT Docket No. 96-188; RM-8677; FCC 98-234]
Facilitate the Development and Use of the Universal Licensing
System in the Wireless Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission consolidates its licensing
rules into a single set of rules for all wireless radio services. The
Commission establishes a streamlined set of rules that minimizes filing
requirements; eliminates redundant, inconsistent, or unnecessary
submission requirements; and assures ongoing collection of reliable
licensing and ownership data. The intended effect is to facilitate the
development and use of the universal licensing system in the wireless
telecommunications services.
DATES: Effective February 12, 1999, except for Secs. 90.683, 90.763,
101.61, 87.347, 101.701, 22.709(b)(2), 22.803(b)(2), 22.929(b)(2),
22.875(d)(5), 80.511, 80.21, 80.513, 80.605, 80.533, 87.215, 90.625,
80.33, 80.53, 80.469, and 22.105 which contain modified information
collection requirements and will not become effective until approved by
the Office of Management and Budget. The FCC will publish a document
announcing the effective date of these sections in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Wilbert E. Nixon, Jr., Policy and
Rules Branch, Commercial Wireless Division, Wireless Telecommunications
Bureau, at (202) 418-7240 or Susan Magnotti, Policy and Rules Branch,
Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, at (202) 418-0871.
SUPPLEMENTARY INFORMATION: This Report and Order in WT Docket No. 98-
20, WT Docket No. 96-188, and RM-8677 adopted September 17, 1998 and
released October 21, 1998, is available for inspection and copying
during normal business hours in the FCC Reference Center, 445 Twelfth
Street, SW, Washington DC. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, NW, Washington DC 20036 (202) 857-3800. The
document is also available via the internet at http://www.fcc.gov/
Bureaus/Wireless/Orders/1998/index.html.
Synopsis of Report and Order
I. Introduction
In this Report and Order (R&O), the Commission consolidates,
revises, and streamlines the rules governing application procedures for
radio services licensed by the Wireless Telecommunications Bureau (WTB
or Bureau). This R&O will facilitate the Commission's ongoing
development of Universal Licensing System (ULS), an integrated database
and automated processing system to support electronic filing of
applications, collection of licensing information, and public access to
such information for all wireless services licensed by the Bureau. The
Commission is replacing eleven separate WTB licensing databases with a
new integrated licensing system and database. ULS will support full
electronic filing of all licensing-related applications and other
filings associated with such applications (e.g., amendments and
modifications, waiver requests, and applications for transfer and
assignment of licenses). The Commission consolidates the wireless radio
services licensing rules in a single section of part 1, to the extent
practicable.
In addition, ULS will make licensing information both more
accessible and more usable by Commission staff in carrying out our
regulatory responsibilities. Similarly, ULS will enhance the
availability of licensing information to the public, which will have
on-line access to ULS by dialing into the Commission's wide area
network (WAN) and using any World Wide Web (WWW) browser. License
applicants will be charged normal filing fees for filing applications
under ULS, but will save time and resources by filing electronically.
For other uses of ULS, e.g., persons performing research, the
Commission will charge for on-line access. These charges will be
limited to the amount necessary solely to recover the Commission's
costs of maintaining ULS, including the cost of protecting the security
of the system from outside tampering.
ULS will provide greater access to persons with disabilities. ULS
will incorporate several features that will enable persons with
disabilities to use the electronic filing and public access functions.
The technical support hotline will have Text Telephone capabilities for
the hearing impaired. ULS will allow sight impaired individuals access
to Interactive Voice Response Technology, which will allow applicants
to determine the status of pending license applications through a touch
tone telephone.
II. Discussion
A. Electronic Filing and New Forms
1. Consolidation of Application Forms
Background. Presently there are over 40 different forms used in the
WTB application and licensing process. The Commission replaces them
with four new forms that have been developed specifically for ULS: FCC
Forms 601, 602, 603, and 605.
Discussion. These forms are: (1) FCC Form 601 (Long-form
Application for Authorization) will replace the Form 600, and will be
used by the majority of applicants to file initial license
applications, as well as filings for modification, renewal, special
temporary authority, or other routine applications. (2) FCC Form 602
(Wireless Telecommunications Bureau Ownership Form) will be used to
submit initial and updated ownership information for those wireless
radio services that require the submission of such information. (3) FCC
Form 603 (Application for Assignment of Authorization) will be used for
requesting approval of assignment of licenses and transfers of control
of licensees, including partitioning and disaggregation requests. (4)
FCC Short Form 605 (Short-Form Application for Authorization in the
Ship, Aircraft, Amateur, Restricted, and General Mobile Radio Services,
as well as for Commercial Radio Operator Licenses) will be used as a
short-form application for applicants who are not presently required to
submit extensive technical data to receive a license.
The Commission eliminates the separate long-form filing requirement
for winning bidders after the completion of an auction. Parties can
routinely file a single application to authorize all licenses won at
auction. The Commission will continue to use the auction short-form
application (FCC Form 175) and the antenna registration form (FCC Form
854).
2. Mandatory Electronic Filing
Background. ULS has the capability to accept electronically filed
applications in all wireless radio services. The Commission's has
consistently encouraged electronic filing. With the advent of ULS, the
Commission will have the ability to accept electronic filing of all
forms used for wireless radio services.
Discussion. The Commission will require mandatory electronic filing
for all services that are licensed by auction.
[[Page 68905]]
This approach is consistent with our prior decision in the Part 1 Third
Report and Order to require electronic filing for FCC Form 175
applications filed prior to auction and for FCC Form 601 applications
filed after the auction by winning bidders. This decision will expand
mandatory electronic filing to include other types of applications in
auctionable wireless services, including transfer and assignment
applications, renewals, license modifications, waiver requests, and
notifications. Mandatory electronic filing will apply to licensees in
services subject to auction even if the particular license was not
acquired by auction, e.g., cellular and paging licensees who obtained
their licenses by lottery must file license-related applications and
notifications electronically when these mandatory filing requirements
take effect. Mandatory electronic filing also applies to common carrier
services which are not subject to auction because they operate on
shared spectrum (e.g., CMRS licenses operating on shared 929 MHz paging
channels or Business Radio frequencies below 800 MHz). Common carriers
generally have the resources and technical capacity to support
electronic filing.
We will not impose the mandatory filing requirements adopted in
this order for services that are subject to licensing by auction and
for common carrier services subject to auction until (1) July 1, 1999,
or (2) six months after application processing in ULS begins for that
service, whichever is later. The Wireless Bureau will continue to
release service-specific public notices announcing the relevant
commencement date for the processing of applications in ULS. This
transition period will provide a reasonable time for wireless services
applicants and licensees to make the transition to electronic filing.
Manual filing will continue to be an option for applicants and
licensees in the following categories: (1) The Part 90 Private Land
Mobile Radio services for shared spectrum, spectrum in the public
safety pool below 746 MHz, and spectrum in the public safety allocation
above 746 MHz (however, Commission-certified frequency coordinators
must file electronically; see the following paragraph); (2) the Part 97
Amateur Radio Service (however, Volunteer Examination Coordinators must
file electronically; see the following paragraph); (3) the Part 95
General Mobile Radio Service and Personal Radio Service (excluding 218-
219 MHz Service licenses); (4) the Part 80 Maritime Services (excluding
the VHF 156-162 MHz Public Coast Stations); (5) the Part 87 Aviation
Services; (6) Part 13 Commercial Radio Operators; and (7) Part 101
licensees who are also members of any of the foregoing classes. This
decision could be subject to future modification. We may extend
mandatory electronic filing to any wireless service where we find that
electronic filing is both operationally feasible and cost-effective for
licensees and applicants in that service. Adoption of mandatory
electronic filing requirements for such services will not require
further notice and comment, but we will provide at least six months
public notice before such a requirement will take effect.
The Commission also notes that in a number of the above services,
wireless applications must be coordinated prior to being filed and are
often filed by the frequency coordinator on the applicant's behalf.
Therefore, where frequency coordinators or other Commission-certified
entities such as Amateur Radio volunteer examiner-coordinators (VECs)
must file such applications must be filed electronically. Electronic
filing by coordinators will also provide an alternative for wireless
services applicants and licensees who are reluctant to file
electronically themselves, and will increase the Commission's
processing efficiency because a large percentage of applications will
be filed by frequency coordinators.
The Commission recognizes that some applicants may not have access
to computers with the hardware and capability to use the software
necessary to submit their applications electronically, particularly
since electronic filing will be accomplished by dial-in procedures and
not over the Internet. We will maintain computers at our Washington,
D.C., offices for the public to use to perform research and file forms
or pleadings electronically.
3. Copy and Microfiche Requirements
Discussion. The Commission eliminates the current copy and
microfiche requirements. Whether applications or pleadings are filed
electronically or manually, all information will be available online to
interested parties. After implementation of ULS, any data that is filed
manually will be entered or scanned as necessary.
4. Filing of Pleadings Associated with Applications
Discussion. The Commission will allow electronic filing of
pleadings regarding wireless radio service applications. ULS has the
ability to allow interested parties to file pleadings electronically,
including petitions to deny, petitions for reconsideration,
applications for review, comments and subsequently filed pleadings
related to such filings. ULS allows waiver requests to be filed
electronically on FCC Forms 601, 603 or 605. Parties submitting
pleadings via ULS must serve paper copies on all interested parties.
5. Letter Requests
Background. The Commission's rules currently permit licensees in
some wireless services to request certain actions by letter instead of
with a formal application filing. Each year WTB receives thousands of
letter requests which must be processed manually. In addition, section
308(a) of the Communications Act of 1934, as amended (Communications
Act) states that formal applications are not required during national
emergencies or under other exceptional circumstances (Special
Situations), 47 U.S.C. 308(a). This provision is not to be confused
with the filing of requests for special temporary authority under
section 309(f) of the Communications Act, 47 U.S.C. 309(f).
Discussion. The Commission eliminates letter filings for
applications, modifications, renewals, amendments, extensions,
cancellations, special temporary authorizations, and name and address
changes, except for the Special Situations set forth in section 308(a)
of the Communications Act. The forms are widely available to the public
on the FCC's web page, via toll free telephone number, and through a
fax-on-demand service, and their use will be far less burdensome for
the public than drafting a letter request. Using a form instead of a
letter will also enable Commission staff to handle requests more
quickly and accurately. The Commission also notes that even if manually
filed the ULS form is more likely than a letter to be sent directly to
the appropriate Bureau and division for processing. Licensees may still
request special temporary authority by telephone or FAX for emergencies
or natural disasters. There will be no fees for use of the forms for
non-feeable requests, such as an address change.
B. Standardization of Practices and Procedures for WTB Applications and
Authorizations
1. Overview--Consolidation of Procedural Rules in Part 1
Background. In the past, the Commission has adopted service-
specific rules and procedures for processing applications in each
wireless service, which are for the most part set
[[Page 68906]]
forth in separate rule parts pertaining to each service.
Discussion. The Commission consolidates the existing procedural
rules for the wireless radio services into unified rules, located in
part 1, that will be tailored to the new ULS database. Moreover, the
Commission proposes to eliminate unnecessary or outdated procedural
rules and conform inconsistent procedures to the extent feasible. The
Commission notes that adopting a single set of procedural rules
tailored to ULS will also make the licensing process more efficient and
user-friendly. For example, applicants seeking multiple licenses in the
same service or in more than one service will be able to submit basic
licensee information (e.g., name, address, ownership information) only
once, and ULS can automatically incorporate this information into all
subsequent applications associated with the same applicant.
2. Standardization of Major and Minor Filing Rules
Background. Under current WTB rules, the standards for
distinguishing between major and minor filings, particularly amendments
to applications and modifications of licenses, have been addressed on a
service-specific basis. The distinction between major and minor filings
has significant procedural consequences in the application process,
because a major amendment to an application causes the application to
be considered newly filed, while a minor amendment generally has no
impact on the filing date. A major amendment may be subject to an
additional public notice period (where public notice is required) or
deemed untimely filed if the new filing date falls outside a filing
window. Major modifications are subject to the same public notice
requirements as initial applications, and typically require prior
Commission approval even where public notice is not required. Minor
modifications, by contrast, do not trigger public notice obligations
and often do not require prior Commission approval.
Discussion. The Commission hereby adopts a single rule in part 1
that defines categories of major and minor changes for purposes of
defining whether an amendment to an application or a request for
license modification is major or minor. The Commission does not revise
the types of applications which require public notice or frequency
coordination. Some differentiation between services remains necessary
based on whether they are licensed on a geographic area basis or a
site-specific basis, provided it complies with the basic operational
and technical rules applicable to the service. Therefore, the
Commission has adopted a rule that accounts for the differences in
geographic licensing and site-by-site licensing.
We define certain actions as major changes for all wireless
services, regardless of whether the service is licensed geographically
or on a site-specific basis. We also clarify our consolidated rule to
maintain consistency with our current service-specific rules for major
and minor changes. Such major changes include initial and renewal
applications, non-pro forma transfers and assignments (include
partitioning and disaggregation requests), applications that have
significant environmental effect, applications requiring frequency
coordination, and applications requesting an additional frequency or a
frequency block that is not currently licensed to the applicant. Most
site-based mobile services (e.g., paging, SMR) licensees may make
changes to internal sites without Commission notice or approval
provided that they do not expand the service area or interference
contour of the system as a whole. Any request requiring frequency
coordination will be considered a major modification including both
CMRS and PMRS systems.
With respect to fixed point-to-point, point-to-multipoint, and
multipoint-to-multipoint services licensed on a site-specific basis, we
adopt additional criteria for distinguishing major and minor changes
that are based on the distinctive technical characteristics of these
wireless services. We will treat multiple minor modifications as major
if the cumulative effect of these modifications would be a major change
to the system. We will require microwave licensees filing minor
modifications to certify on Form 601 that the minor modifications do
not give rise to a cumulative major modification.
We will allow licensees to implement all minor changes, as defined
in the consolidated rule, without prior Commission approval. Licensees
must notify the Commission within thirty days of implementing the
change. We define as minor changes all amendments to applications and
license modifications that are not specifically defined in our rule as
major. These minor changes include but are not limited to: (1) Any pro
forma transfer or assignment; (2) any name change not involving a
change in ownership or control of the license; (3) changes to
administrative information, e.g., address, telephone number, or contact
person; or (4) conversion of multiple site-specific licenses into a
single wide-area license, where there is no change in the licensee's
composite interference contour or service area. Prior approval
continues to be required for pro forma assignments and transfers that
are not subject to the Commission's forbearance policy, and for
conversion of multiple site-specific licenses into a single wide-area
license.
3. Submission of Ownership Information
Background. The existing service-specific rules contain varying
requirements for submission of ownership information by wireless
applicants and licensees. In the Part 1 Third Report and Order, the
Commission required all applicants for licenses or for consent to
assignment or transfer of licenses in auctionable services to provide
specific ownership information with either their short-form (FCC Form
175) or long-form application (FCC Form 601). See 47 CFR 1.2112(a).
Discussion. ULS provides an opportunity to streamline the
Commission's ownership disclosure requirements. The Commission adopts a
consolidated rule governing all submissions of ownership information by
wireless applicants and licensees. The Commission will use the new Form
602 as the common form on which all wireless applicants and licensees,
subject to competitive bidding, submit required ownership information.
Common carrier licenses are subject to auction under section 309(j) of
the Act where mutual exclusivity exists. Common carrier licensees,
including CMRS licensees operating on shared spectrum, who acquired
their licenses by lottery or by other means besides auction are subject
to these ownership reporting requirements when they apply for
assignment, transfer, or renewal of a license. Entities applying for an
initial license, renewal of license, and non-pro forma assignment or
transfer of control, would file FCC Form 602 simultaneously with the
relevant license application (FCC Form 175, 601, and 603). An applicant
would need to submit only a single FCC Form 602 in connection with
multiple applications and could reference the same information in all
future applications without refiling the form. Licensees would also use
FCC Form 602 to provide amended or updated ownership information when
they reported the consummation of a pro forma assignment of license or
transfer of control on FCC Form 603.
The Commission eliminates all duplicative and inconsistent
reporting
[[Page 68907]]
requirements in service-specific rule parts that deal with auctionable
services, e.g, the reporting requirements in part 22. The Commission
may require different or more specific ownership information where
circumstances warrant; e.g., applicants seeking small business
eligibility for auction purposes must typically file more detailed
information regarding ownership and financial structure.
The Commission concludes that there is no need to extend ownership
reporting requirements (FCC Form 602) to applicants and licensees of
governmental entities or to applicants and licensees in private, non-
auctionable services. The completion of FCC Form 602 is also deemed
unnecessary for the Amateur or General Mobile Radio Services or for
Commercial Radio Operators, because these services are essentially
personal in nature.
4. Frequency Coordination of Amendment and Modification Applications
Background. In services requiring frequency coordination in parts
90 and 101 there are differing rules pertaining to coordination for
amendments and modifications that involve substantial engineering
changes to applications. Section 90.175 of the Commission's rules
identifies numerous changes that do not require frequency coordination.
However, section 101.103(d) of the rules requires all applicants
seeking to amend applications or modify their authorizations to obtain
a new frequency coordination.
Discussion. The Commission amends section 101.103 by requiring
frequency coordination only for those applicants and licensees filing
amendments and modifications that involve changes to technical
parameters that are classified as major. Licensees making minor changes
to technical parameters would only be required to notify the
Commission, as well as its frequency coordinator of the minor change.
5. Returns and Dismissals of Incomplete or Defective Applications
Background. Currently, incomplete or incorrectly filed applications
are returned and/or dismissed in accordance with service-specific
rules. ULS will reduce filing errors by assisting applicants who file
electronically to fill in all required information. ULS will
interactively check that required elements of applications are
completed and prompt applicants to correct errors. The Commission
anticipates that this system, in combination with the consolidated
rules proposed herein, will result in a higher percentage of grantable
applications and help to ensure the integrity of the data in the
licensing database.
Discussion. The Commission conforms its filing rules for all
wireless radio services applicants so that batch, interactive, and,
where applicable, manual filers will be subject to the same
requirements and procedures for defective or incomplete applications.
Interactively filed applications will be screened in real time by the
ULS system; therefore, errors will be unlikely but may occur in some
instances where erroneous information is entered. In the case of batch
and manually filed applications, incomplete or erroneous filings will
not be detected until after the application is filed.
We adopt a consolidated rule in Part 1 governing the filing of
incomplete or otherwise defective applications in all wireless
services. Under the consolidated rule, as under existing rules, the
Commission has the discretion to return applications for correction of
minor filing errors, but it also has the authority to dismiss any
incomplete or defective application without prejudice. The Commission
will automatically dismiss any application that is defective because
the applicant failed to sign the application, failed to pay the
required filing fee, or filed outside of the applicable filing window.
To ensure equivalent treatment of electronically batch-filed or
manually filed applications that are unsigned, untimely, or not fee-
compliant, such applications will be automatically dismissed by ULS
after they are initially entered into the system. The Commission will
remove those sections of the rules that provided for return and
correction of applications with errors.
The Commission will also dismiss batch-filed and manually filed
applications with other types of defects that are automatically
screened by ULS when an application is interactively filed, e.g.,
missing technical data or technical parameters that are inconsistent
with the rules (where no waiver request is filed). Such dismissal will
be without prejudice to the right of the applicant to refile, provided
the relevant application window remains open. While we will generally
dismiss defective or incomplete applications, we retain the discretion
to return an application for correction if circumstances warrant. In
such cases, we will return the application to the applicant. The
applicant will then have thirty days from the date the notification is
sent to file an amended application correcting the defect. We also
delete those service-specific rules that provided a longer period for
applicants to submit corrections.
When an application is returned for correction, the Commission will
hold the application for the designated period so that a corrected
application may be filed. If the applicant files a timely corrected
application, it will ordinarily be processed as a minor amendment in
accordance with the Commission's rules. Thus, it will have no effect on
the initial filing date of the application or the applicant's filing
priority. If, however, the amendment made by the applicant is not a
simple correction but constitutes a major amendment to the application,
it will be governed by the rules and procedures applicable to major
amendments, i.e., it will be treated as a new application with a new
filing date. Finally, if the applicant fails to submit an amended
application within the period specified in the notification, the
application will be subject to dismissal for failure to prosecute.
The Commission also defined how ULS will handle confidential
attachments. To ensure that these attachments are kept confidential in
ULS, the Commission adopts the following security measures: (1) Any
attachment designated as confidential will not be accessible from
publicly available query utilities; and (2) a special user name and
password will be required for Commission employees to view confidential
attachments. To provide the same treatment under ULS as under the
current system, the Commission proposes that if the request for
confidential treatment is denied, the applicant would be informed and
the attachments in question be deleted from the ULS database.
6. Discontinuation of ``Reinstatement'' Applications
Background. Presently, licensees in the Private Land Mobile
Services and Fixed Microwave Radio Services who do not file a timely
renewal application are given a 30-day period following the expiration
of their licenses in which to request reinstatement. See 47 CFR
1.926(c). This practice is inconsistent with other wireless radio
service licensing rules where reinstatement is not permitted. See,
e.g., 47 CFR 22.145.
Discussion. The Commission will provide pre-expiration letters of
reminder to all wireless radio services licensees by regular mail. The
Commission thereby eliminates the reinstatement period in those
services that currently allow reinstatement applications. This change
does not affect the five-year grace period within
[[Page 68908]]
which holders of Commercial Radio Operator licenses may renew expired
licenses without retaking the required examination. See 47 CFR
13.13(b). Specifically, the Commission will send letters of reminder to
all wireless radio service licensees, both site-specific and geographic
area licensees, 90 days before the expiration of their licenses. Under
the newly adopted rules: (1) Licensees will receive notification that
their licenses are about to expire and, therefore, should be
responsible for submitting timely renewal applications; and (2)
interactive electronic filing will make it easier for all licensees to
timely file renewal applications. In addition, Commission forms are
widely available to the public on the FCC's web page, http://
www.fcc.gov/formpage.html; via toll free telephone number, 1-800-418-
3676; through fax-on-demand service, (202) 418-0177; and via a toll
free TTY number, 202-418-7238. We will not implement this decision to
eliminate reinstatement applications for any wireless service until (1)
July 1, 1999, or (2) six months after the commencement of application
processing in ULS for that service, whichever is later. This transition
period will provide a reasonable time for applicants and licensees to
familiarize themselves with this procedure.
Although a license expires automatically on the date specified on
the individual license, ULS will not show a license expiration as final
until approximately thirty days after the renewal deadline. After the
license expiration the previous licensee may file a new application for
use of those frequencies subject to any service specific rules. Once
that thirty-day period has elapsed, or the prior holder of the license
files a new application for that spectrum, the license will then be
available for the Commission to reassign by competitive bidding or
other means according to the rules of the particular service.
7. Construction and Coverage Verification
Background. In all wireless radio services, licensees are subject
to construction and, in some instances, coverage requirements, and are
subject to automatic license cancellation if these requirements are not
met. Different procedures have evolved in different services for
verifying whether licensees have in fact met these requirements.
Discussion. Licensees may also construction notifications
electronically using FCC Form 601. The Commission will send each
licensee via regular mail a reminder letter 90 days before the
applicable construction or coverage deadline. Licensees would then
verify that they have met these requirements by updating their FCC Form
601 already on file with ULS. The Commission notes that the
notification procedure proposed is not intended to replace the basic
construction and coverage requirements. Thus, even if a licensee does
not receive a reminder letter, it remains obligated to meet its
construction and coverage benchmarks and cannot site the lack of
notification as an excuse for non-compliance.
The Commission will require notifications filed by wireless radio
services licensees, subject to competitive bidding, to be filed
electronically. Licensees, exempt from mandatory electronic filing,
must file their notifications manually on Form 601. If a licensee does
not file the required notification of completion of construction or
satisfaction of the coverage requirements, ULS will send a letter
advising the licensee of the termination of the authorization. ULS will
then generate a public notice announcing the termination, which would
be deemed final 30 days after the public notice date.
The Commission hereby requires wireless radio licensees to certify
compliance with construction requirements relating to modification
applications that involve additional frequencies. The Commission also
requires fixed microwave licenses awarded on a site-by-site basis to
certify compliance with construction requirements for additional or
increased service area coverage (e.g., a new station, a change in
antenna height or EIRP). In addition, the Commission amends section
101.63 of the rules, 47 CFR 101.63, to require fixed microwave
licensees to file a further modification application if they fail to
construct a granted modification.
We will not implement this decision on construction notification
for any wireless service until (1) July 1, 1999, or (2) six months
after the commencement of application processing in ULS for that
service, whichever is later. This transition period will provide a
reasonable time for applicants and licensees to familiarize themselves
with this procedure.
8. Assignments of Authorization and Transfers of Control
Background. The Communications Act requires the Commission to
approve assignments of licenses and transfers of control of licensees.
See 47 U.S.C. 310(d). In the wireless radio services, the Commission
currently process applications for proposed assignments and transfers
of control in two ways. Following the approval of the assignment or
transfer, the licensee must then file a notification with the
Commission that the transaction has been consummated, at which point
the Bureau amends its licensing database. We note that we recently
exercised our forbearance authority for certain pro forma transfers of
control and assignments or licenses involving telecommunications
service providers licensed by the Wireless Telecommunications Bureau.
Discussion. The Commission hereby consolidates the transfer and
assignment rules for all wireless services in part 1, and eliminates
inconsistencies between the procedures that currently govern CMRS and
microwave licenses. First, the Commission proposes to replace the
multiple existing forms for transfers and assignments in the various
services with FCC Form 603 for assignment of licenses and transfers of
control. See proposed rule 47 CFR 1.948.
The Commission hereby conforms the rules with respect to post-
transaction notification that a Commission-approved transfer or
assignment has been consummated. The Commission will require post-
consummation notification prior to changing the database to reflect the
grant. See proposed rule 47 CFR 1.948. With the advent of ULS, the
post-consummation notification process for all wireless licensees
should be efficient and simple. Using the electronic filing
capabilities of the system, licensees will provide such notification by
accessing their previously filed Form 603 associated with a transaction
and entering updated information regarding its consummation. The
Commission will require post-consummation notification under ULS using
procedures similar to those currently applicable to CMRS transfers and
assignments. The Commission also concludes that these notification
procedures should be reinstated for transfers and assignments of
microwave licenses since the burden of filing such notifications will
be substantially reduced.
In the case of pro forma transfers and assignments involving
telecommunications carriers licensees will provide the required post-
consummation notification on the FCC Form 603. Applicants will also
file FCC Form 603 to request an extension of time for the consummation
of a transaction.
9. Change to North American Datum 83 Coordinate Data
Background. To perform its licensing role, WTB requires that
certain
[[Page 68909]]
applicants submit coordinate data with their applications. In these
rules, applicants are required to submit coordinate data using the 1927
North American Datum (NAD27) geographical survey. A more recent North
American Datum (NAD83) was completed in 1983, which provides updated
coordinate data. NAD83 was adopted as the official coordinate system
for the United States in 1989.
Discussion. The Commission concludes that use of NAD83 would
conform best with current Federal Aviation Administration regulations
which require the use of NAD83 data. All wireless radio services
application processing rules requiring the submission of site
coordinate data are revised to require that all applicants and
licensees use NAD83 datum for sites located in the coterminous United
States and Alaska. Additionally, the Commission hereby requires site
coordinate data for sites in areas such as Hawaii, Puerto Rico, the
South Pacific Islands, etc., be submitted using WGS84. Adoption of this
proposal would conform the rules with those of the FAA.
10. Use of Taxpayer Identification Numbers
Background. In 1996, Congress enacted the Debt Collection
Improvement Act as part of an effort to increase collection from
private entities of delinquent government debts. See Omnibus
Consolidated Rescissions and Appropriations Act of 1996, Public Law No.
104-34, Chapter 10, 110 Stat 1321, 1321-1358 (1996) (DCIA). As a result
of DCIA, the Commission and executive agencies are required to monitor
and provide information about their regulatees to the U.S. Treasury.
This provision includes a requirement that the Commission collect
Taxpayer Identifying Numbers (TIN) and share them with the U.S.
Treasury to ensure that the Commission does not refund monies to
entities that have an outstanding debt with the federal government.
TINs are 9-digit identifiers required of all individuals and employers
to identify their tax accounts. Individuals use their Social Security
Number as their TIN. Therefore, for the purposes of this R&O, the term
``Taxpayer Identification Number'' shall mean ``Social Security
Number'' for individuals. Employers use their Employer Identification
Number (EIN) as their TIN. TINs are an integral part of the DCIA system
and are necessary for the collection of delinquent debt owed to federal
agencies. The TIN matches payment requests with delinquent information.
As a result, federal agencies have been required to share the TINs of
payment recipients since April 26, 1996, the effective date of DCIA.
The DCIA requires that agencies obtain the TIN from any person or
entity doing business with the agency.
Discussion. The Commission concludes that all applicants and
licensees, including attributable interest holders must submit a TIN as
a prerequisite for using ULS and the Bureau should use TINs as the
unique identifier for such parties. Parties submitting manually filed
applications must supply their TIN on their application form because
all such applications will be placed on ULS and a TIN is necessary to
track these applications. Parties filing applications using ULS must
complete Form 606 to register their TIN. Members of the public do not
need to register a TIN to search the ULS database.
Therefore, for the purposes of implementing the ULS system, based
upon the foregoing discussion and applicable statutes and regulations,
the requirement for the TIN will operate as follows: first, all
applicants for licenses and all licensees must register their TIN with
this Commission through ULS; second, the real party in interest and/or
the entity having actual or de facto control of any applicant or
licensee, however such control may be manifested or styled, must supply
its TIN; applicants and licensees who must identify officers,
directors, and holders of ownership interests in the license of 10
percent or greater pursuant to section 1.2112(a) must supply the TINs
of such officers, directors, and interest holders. See 47 CFR 1.2112.
The Commission will take a number of steps to prevent the TINs
submitted from being misappropriated. First, TINs will not be available
to the public. Applicants and licensees are cautioned to provide TINs
only in the appropriate space on the form--and not on attachments.
Second, only a small number of Commission employees would have access
to TIN information in conjunction with their work. Finally, a Privacy
Act submission will be published in the Federal Register to obtain the
requisite public and Congressional comment and OMB approval prior to
implementation of ULS.
C. Collection of Licensing and Technical Data
1. Overview
Background. The Commission identifies certain existing data
collection requirements and licensing requirements that no longer serve
a useful purpose or that can be further streamlined. The Commission
realizes that technical data is needed in certain situations (e.g., for
coordination between adjacent geographic areas, for enforcement
purposes, or to improve our overall management of the spectrum) and
that some licensees may be required to submit more detailed information
than previously required.
Discussion. To standardize the information required of those
services licensed by geographic service area and in order to allow
consistent treatment of licenses in similar situations, the Commission
removes certain reporting requirements. The Commission removes the site
notification requirement from Part 101 for LMDS geographic licenses, as
well as from the Part 90 rules pertaining to auctioned 220 MHz and 800
MHz geographic licenses. Geographic area licenses are instead required
to maintain site information as part of their station records.
The Commission continues to require all licenses to comply with
existing procedures for environmental, quiet zone, and FAA approval of
specific antenna sites where required by service rules. The Commission
delegates to the Wireless Bureau authority, once ULS is implemented, to
consider additional information collection requirements that can be
eliminated.
2. Use of Notification or Certification in Lieu of Informational
Filings
Discussion. The Commission replaces many data or other
informational filing requirements with either certification or
notification, where appropriate. An example of a new certification
requirement in lieu of an information filing requirement can be found
in proposed section 101.701, which requires common carrier fixed
microwave licensees to certify that substantial non-private use is
being made of facilities used to relay broadcast television signals.
The Commission changes some informational filings to notification. An
example of a new notification requirement in lieu of an informational
filing is in proposed section 101.305, where non-dominant common
carriers planning to discontinue service must give electronic
notification of discontinuance to the Commission. The use of the
notification and certification processes will substantially reduce the
administrative burdens on the Commission and the filing burdens on
applicants and licensees.
[[Page 68910]]
3. Public Mobile Radio Service Data Requirements
Background. Under part 22 of the Commission's rules, applicants for
certain Public Mobile Radio Service licenses are required to file
antenna model, manufacturer, and type with the Commission. See 47 CFR
22.529(b)(2). Unserved area applicants in the Cellular Radiotelephone
Service are required to submit paper copies of (1) an application
cover; (2) transmittal sheet; (3) table of contents; and (4) numerous
engineering exhibits.
Discussion. The Commission finds that the collection of technical
antenna information requirements for certain Public Mobile Radio
Service applicants and licensees is unnecessary and that certain paper
exhibits are no longer needed from unserved area applicants in the
Cellular Radiotelephone Service. The Commission eliminates these
requirements, but continues to require licensees to maintain the
information as part of their station records and to provide it to
licensees and applicants upon request. Unserved cellular area
applicants will continue to provide maps. See 47 CFR 22.959.
4. Fixed Microwave Service Data Requirements
Discussion. Effective August 1996, the Commission consolidated all
regulations concerning fixed microwave services from parts 21 and 94 of
the Commission's rules into a single consolidated part 101, eliminating
and combining a number of rules. Fixed microwave service applicants are
required to file the following four items of technical information:
type acceptance number, line loss, channel capacity, and baseband
signal type for each application. See 47 CFR 101.21. The Commission
finds that this information is unnecessary for licensing purposes and
eliminates these requirements. The Commission does not eliminate other
technical information requirements, including those associated with
DEMS nodal stations applications and the identification of transmitter
sites.
5. Maritime and Aviation Services Data Requirements
Discussion. Presently, applicants for certain types of station
licenses in the Maritime and Aviation radio services are required to
submit written showings with their applications in order to provide
specific information concerning eligibility, to verify frequency
coordination, or to show that the U.S. Coast Guard or Federal Aviation
Administration approves of the operation of the proposed station. The
Commission eliminates various rules which currently require applicants
to attach the types of showings and coordination statements described
above. Instead, applicants and licensees must certify that certain
information is correct or that appropriate coordination has taken place
in lieu of these written showings. In cases where applications involve
safety of life at sea or in air navigation, the Commission reserves the
right to contact applicants to obtain additional information where such
action serves the public interest. The Commission eliminates the
prohibition against assigning ship and aircraft station licenses, so
long as applicants provide updated information concerning the stations
in question upon application for assignment.
Section 87.305 requires flight test station applications to include
a statement from a frequency advisory committee, including detailed
technical information to be specified at the time of licensing. The
Commission continues to require this independent frequency coordinator
statement for flight test station applicants.
6. Commercial Radio Operator License Data Requirements
Discussion. Commission-licensed Commercial Radio Operators serve as
radio officers aboard U.S. vessels, repair and maintain maritime or
aviation radio equipment, and use international maritime and aviation
frequencies to communicate with foreign stations. In order to obtain a
license, an applicant must contact a Commission-certified examination
manager, pass one or more written tests, obtain a proof of passing
certificate (PPC) from the examination manager, and provide the
original PPC to the Commission upon application for a license. See 47
CFR 13.9. In order to further the goal of electronic automation while
best serving the public interest, the Commission allows applicants to
use the current procedure for first filings, renewals, and modification
applications. For a new license, the applicant must file Form 605 and
mail the PPC to the processing office in Gettysburg, Pennsylvania. For
renewals, the applicant need only file Form 605, since no attachment is
required. With respect to PPC verification by COLE Managers, the
current procedures will remain intact.
The Commission will implement changes to the Temporary Operator
Permit section in Schedule ``D'' of Form 605 in a future version of the
form. In addition, the Commission will consider in a future proceeding
whether there are more efficient methods of verifying PPCs other than
manual submissions. However, the Commission is not mandating electronic
filing for Commercial Radio Operators at this time.
7. Amateur Radio Services
Background. The United States has reciprocal arrangements with 65
countries to allow amateur operators to operate their stations
temporarily in the other country. The Commission currently grants
annually some 2,000 reciprocal permits for alien amateur licensee (FCC
Form 610-AL) to amateur operators from those countries. The visitor
must obtain the application form (FCC Form 610-A)--which is often
difficult to do in a foreign country--and file it with the Commission.
No standards are required of these applicants other than possession of
the license document issued by their country of citizenship. There is
no fee. The FCC-issued permit simply confirms that the holder of the
permit also holds a license from his or her home country. No permit is
required for Canadian amateur operators who visit the United States
because they are authorized to operate by rule. See CFR 97.5(c)(2),
97.7(b).
Discussion. The Commission concludes that the license from any
foreign country with which the United States has reciprocity would
stand as the proof that the foreign operator is qualified for the
reciprocal operating authority, and authorizes all reciprocal operation
by rule. This decision incorporates and resolves an existing
rulemaking, WTB Docket No. 96-188, on the implementation of two pending
international reciprocal operating arrangements--the European
Conference of Postal and Telecommunications Administrations (CEPT)
radio-amateur license, and the Inter-American Convention on an
International Amateur Radio Permit (CITEL). No citizen of the United
States, regardless of any other citizenship held, is eligible under
this authorization procedure, and continues to have to acquire an FCC-
issued amateur operator license by passing the requisite examinations.
The Commission sets the operation privileges granted and the
station identification requirements; discusses the requirements of
Commission-authorized amateur operator U.S. citizens who wish to
operate in a member country; and establishes a framework for the
International Amateur Radio Union to issue, with coordination from the
Department of State, the necessary International Amateur Radio Permit
for United States
[[Page 68911]]
citizens to operate amateur stations in CITEL countries. The Commission
also eliminates the one-year term for an alien reciprocal permit.
Currently, the Commission processes annually some 1,500
applications for new, renewed, and modified amateur service club,
military recreation, and radio amateur civil emergency service
(``RACES'') station grants. ULS provides an opportunity to utilize the
electronic batch filing services provided by the private sector. The
Commission adopts its plan to use the services of any organization
meeting the minimum requirements of section 4(g)(3)(B) of the
Communications Act that completes a pilot electronic autogrant batch
filing project similar to that completed by the 16 volunteer-examiner
coordinators (``VECs''). These eligible private sector entities are
required to provide these services on a volunteer, uncompensated and
unreimbursed basis. In response to commenters' suggestions, the
Commission also adopts changes to the amateur service application form,
FCC Form 605, to incorporate the Physician's Certification of
Disability.
8. General Mobile Radio Service
Background. The GMRS is a land mobile radio service for short-
distance two-way communications. It is used to facilitate the personal
or business activities of licensees and their immediate family members.
All 23 GMRS channels are shared and no frequency coordination is
required.
Discussion. The Commission streamlines the GMRS rules to collect
the minimum amount of information necessary to serve the Commission's
regulatory purpose and to eliminate those rules that are hortatory,
unenforceable, or redundant. The Commission authorizes stations to
transmit on any authorized channel from any geographical location when
the FCC regulates communication, required licensees to submit only
basic contact information, and removed or relocated rules pertaining to
antenna requirements, permissible communications, and management of
GMRS systems. The Commission retains the limit on the use of the 467
MHz channels for transmissions through repeaters.
III. Conclusion
In this proceeding, the Commission consolidates the licensing rules
into a single set of rules for all wireless radio services. The
Commission establishes a streamlined set of rules that minimizes filing
requirements as much as possible; eliminates redundant, inconsistent,
or unnecessary submission requirements; and assures ongoing collection
of reliable licensing and ownership data. These consolidated rules will
eliminate duplication and inconsistencies that exist in the rules and
will make it easier for applicants to determine our application
requirements by referencing a single set of licensing rules. Such
consolidation will allow ULS to function more efficiently and provide
licensing information to members of the public. The Commission also
believes that ULS will shorten application filing times for applicants,
make the most recent data available.
IV. Procedural Matters and Ordering Clauses
A. Regulatory Flexibility Act
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (``RFA''), an Initial
Regulatory Flexibility Analysis (``IRFA'') was incorporated in the
Notice of Proposed Rule Making, 63 FR 12013, Mar. 12, 1998, in WT
Docket No. 98-20. The Commission sought written public comment on the
proposals in the Notice of Proposed Rule Making, including comment on
the IRFA. This Final Regulatory Flexibility Analysis (``FRFA'') in the
Report and Order conforms to the RFA, as amended by the Contract With
America Advancement Act of 1996 (``CWAAA''), Public Law No. 104-121,
110 Stat. 847 (1996). The Commission received one comment on the IRFA.
A. Need for and objectives of this Report and Order. In this
rulemaking. the Commission consolidates, revises, and streamlines its
rules governing license application procedures for radio services
licensed by the Wireless Telecommunications Bureau (WTB or Bureau).
These rule changes will enable WTB to fully implement the Universal
Licensing System (ULS), the Commission's new automated licensing system
and integrated database for wireless services. The Commission also
adopts new consolidated application forms to enable all wireless
licensees and applicants to file applications electronically using the
ULS. Finally, we establish procedures to ensure a smooth transition
from our pre-existing licensing processes to the processes developed
for ULS.
B. Summary of significant issues raised by public comments in
response to the Initial Regulatory Flexibility Analysis (IRFA). SBT was
the only entity to comment directly on our IRFA. It contends we did not
assess the impact our proposed rules would have on the following
groups: law firms, engineers, consultants, application preparation
services and computer repair service firms. These groups typically act
as intermediaries for applicants, and are not directly impacted by our
rules. In the ULS Notice, we identified the nature of wireless services
that may be affected by the proposed rules. Moreover, we specifically
identified proposals in the ULS Notice intended to minimize the
possible significant economic impact of our rules on small entities.
Those groups identified by SBT are encompassed within our estimates of
affected entities, as they work on behalf of the actual applicants. In
addition, SBT has made racial, constitutional, and equity arguments
over the effects of mandatory electronic filing. These arguments have
been rendered moot since we decided to forego such a requirement until
the ULS is fully tested and operational in all services.
Mandatory Electronic Filing: We will require mandatory electronic
filing for all services that are licensed by auction. However, we will
not impose mandatory filing for any wireless service until (1) July 1,
1999, or (2) six months after application processing in ULS begins for
that service, whichever is later. Some commenters urge the Commission
to exempt certain services or classes of users from mandatory
electronic filing. As discussed, supra, we agree that licensees in many
services consist primarily of individuals, small businesses, or public
agencies that may lack resources to convert quickly to electronic
filing. Therefore, manual filing will continue to be an option for
applicants and licensees in the following categories: (1) The Part 90
Private Land Mobile Radio services for shared spectrum, spectrum in the
public safety pool below 746 MHz, and spectrum in the public safety
allocation above 746 MHz (however, Commission-certified frequency
coordinators must file electronically); (2) the Part 97 Amateur Radio
Service (however, Volunteer Examination Coordinators must file
electronically); (3) the Part 95 General Mobile Radio Service and
Personal Radio Service (excluding 218-219 MHz licenses); (4) the Part
80 Maritime Services (excluding the VHF 156-162 MHz Public Coast
Stations); (5) the Part 87 Aviation Services; (6) Part 13 Commercial
Radio Operators; and (7) Part 101 licensees who are also members of any
of the foregoing classes. We note, however, that this decision could be
subject to future modification.
Pleadings Associated with Applications: As discussed, supra, we
agree with FCBA's concern that some entities may not have computers and
the appropriate software to electronically file pleadings. Electronic
filing of
[[Page 68912]]
pleadings in ULS will be optional, not mandatory.
Letter Requests: In the ULS Notice, we sought comment on whether
the public interest would be better served by requiring ULS forms be
used rather than accepting letter requests. SBT contends letter
requests should continue to be an option, especially for those
representing themselves. However, we conclude that in order to have a
universal licensing system, we must require standardized data fields
and have access to the correct and complete data to enter into those
fields. Letter requests simply do not provide information in a format
that is suitable for ULS. We have taken this action to simplify the
process for licensees, reduce time-consuming, resource-intensive review
by FCC staff to determine the purpose of STAs and letter requests, and
increase the public's assess to information.
On-line Charges: In the ULS Notice, we stated that a online charge
will be applied to those using the ULS to retrieve licensing or mapping
information, and that such charges will be limited to the recovery of
maintenance costs. License applicants will not be subject to an on-line
charge, but will continue to be responsible for normal filing fees. SBT
asks that we ensure that such costs are not prohibitive for small
business. The determination of any online fees will be addressed in a
separate proceeding which will take into consideration the effect of
such a charge on small business.
ULS Accessibility: SBT also contends that the Commission's web and
FTP sites are often not available during the weekends, when small
businesses are most likely to access these services. We disagree.
Although the sites are sometimes taken down to add new features or to
address technical problems, this is done for only a brief time when
usage is generally the lowest. For the most part, the public has
uninterrupted access to our electronic services 24 hours a day, all
year round. As more features are built into the system, applicants and
licensees will be able to conduct virtually all of their Commission-
related business from their home computers.
C. Description and estimate of the number of small entities to
which rules will apply. The RFA directs agencies to provide a
description of and, where feasible, an estimate of the number of small
entities that will be affected by our rules. See 5 U.S.C. 603(b)(3);
604(a)(3). The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' See 5 U.S.C.
601(6). In addition, the term ``small business'' has the same meaning
as the term ``small business concern'' under Section 3 of the Small
Business Act. See 5 U.S.C. 601(3). Under the Small Business Act, a
``small business concern'' is one which: (1) is independently owned and
operated; (2) is not dominant in its field of operation; and (3) meets
any additional criteria established by the Small Business
Administration (SBA). See 15 U.S.C. 632.
The rule changes will affect all small businesses filing new
wireless radio service license applications or modifying or renewing an
existing license. The Commission estimates the following number of
small entities may be affected by the rule changes:
1. Cellular Radiotelephone Service
The Commission has not developed a definition of small entities
applicable to cellular licensees. Therefore, the applicable definition
of small entity is the definition under the SBA rules applicable to
radiotelephone companies. This definition provides that a small entity
is a radiotelephone company employing no more than 1,500 persons. See
13 CFR. 121.201. The size data provided by the SBA does not enable us
to make a meaningful estimate of the number of cellular providers which
are small entities because it combines all radiotelephone companies
with 1000 or more employees. The 1992 Census of Transportation,
Communications, and Utilities, conducted by the Bureau of the Census,
is the most recent information available. This document shows that only
twelve radiotelephone firms out of a total of 1,178 such firms which
operated during 1992 had 1,000 or more employees. Therefore, even if
all twelve of these firms were cellular telephone companies, nearly all
cellular carriers were small businesses under the SBA's definition. The
Commission assumes, for purposes of this FRFA that nearly all of the
current cellular licensees are small entities, as that term is defined
by the SBA.
The most reliable source of information regarding the number of
cellular service providers nationwide appears to be data the Commission
publishes annually in its Telecommunications Industry Revenue report,
regarding the Telecommunications Relay Service (TRS). The report places
cellular licensees and Personal Communications Service (PCS) licensees
in one group. According to the data released in November, 1997, there
are 804 companies reporting that they engage in cellular or PCS
service. It seems certain that some of these carriers are not
independently owned and operated, or have more than 1,500 employees;
however, the Commission is unable at this time to estimate with greater
precision the number of cellular service carriers qualifying as small
business concerns under the SBA's definition. For purposes of this
FRFA, the Commission estimates that there are fewer than 804 small
cellular service carriers.
2. Broadband and Narrowband PCS
Broadband PCS. The broadband PCS spectrum is divided into six
frequency blocks designated A through F. The Commission has defined
``small entity'' in the auctions for Blocks C and F as a firm that had
average gross revenues of less than $40 million in the three previous
calendar years. See 47 CFR 24.720(b)(1). This definition of ``small
entity'' in the context of broadband PCS auctions has been approved by
the SBA. The Commission has auctioned broadband PCS licenses in blocks
A through F. Of the qualified bidders in the C and F block auctions,
all were entrepreneurs. Entrepreneurs was defined for these auctions as
entities, together with affiliates, having gross revenues of less than
$125 million and total assets of less than $500 million at the time the
FCC Form 175 application was filed. Ninety bidders, including C block
reauction winners, won 493 C block licenses and 88 bidders won 491 F
block licenses. For purposes of this FRFA, the Commission assumes that
all of the 90 C block broadband PCS licensees and 88 F block broadband
PCS licensees, a total of 178 licensees, are small entities.
Narrowband PCS. The Commission has auctioned nationwide and
regional licenses for narrowband PCS. There are 11 nationwide and 30
regional licensees for narrowband PCS. The Commission does not have
sufficient information to determine whether any of these licensees are
small businesses within the SBA-approved definition for radiotelephone
companies. At present, there have been no auctions held for the major
trading area (MTA) and basic trading area (BTA) narrowband PCS
licenses. The Commission anticipates a total of 561 MTA licenses and
2,958 BTA licenses will be awarded in the auctions. Given that nearly
all radiotelephone companies have no more than 1,500 employees, and
that no reliable estimate of the number of prospective MTA and BTA
narrowband licensees can be made, the Commission assumes, for purposes
of this FRFA, that all of the licenses will be awarded to
[[Page 68913]]
small entities, as that term is defined by the SBA.
3. 220 MHz Radio Services
The Commission is currently auctioning licenses in the 220-222 MHz
band. The license blocks include five licenses in each of the 172
Economic Areas (EAs) and three EA-like areas; five licenses in six
Economic Area groupings (EAGs); and three Nationwide licenses,
comprising the same territory as all of the EAG combined. A small
business for this auction is defined as an entity with average annual
gross revenues of not more than $15 million for the preceding three
years; and very small business is a firm with average annual gross
revenues of not more than $3 million for the preceding three years. See
47 CFR 90.1021. Given that nearly all radiotelephone companies employ
no more than 1,500 employees, for purposes of this FRFA the Commission
will consider the approximately 3,800 incumbent licensees as small
businesses under the SBA definition.
4. Paging
The Commission has proposed a two-tier definition of small
businesses in the context of auctioning geographic area paging licenses
in the Common Carrier Paging and exclusive Private Carrier Paging
services. Under the proposal, a small business will be defined as
either (1) an entity that, together with its affiliates and controlling
principals, has average gross revenues for the three preceding years of
not more than $3 million; or (2) an entity that, together with
affiliates and controlling principals, has average gross revenues for
the three preceding calendar years of not more than $15 million. Since
the SBA has not yet approved this definition for paging services, the
Commission will utilize the SBA definition applicable to radiotelephone
companies, i.e., an entity employing no more than 1,500 persons. At
present, there are approximately 24,000 Private Paging licenses and
74,000 Common Carrier Paging licenses. According to Telecommunications
Industry Revenue data, there were 172 ``paging and other mobile''
carriers reporting that they engage in these services. Consequently,
the Commission estimates that there are fewer than 172 small paging
carriers. The Commission estimates that the majority of private and
common carrier paging providers would qualify as small entities under
the SBA definition.
5. Air-Ground Radiotelephone Service
The Commission has not adopted a definition of small business
specific to the Air-Ground radiotelephone service. See 47 CFR 22.99.
Accordingly, the Commission will use the SBA definition applicable to
radiotelephone companies, i.e., an entity employing no more than 1,500
persons. There are approximately 100 licensees in the Air-Ground
radiotelephone service, and the Commission estimates that almost all of
them qualify as small entities under the SBA definition.
6. Specialized Mobile Radio (SMR)
The Commission awards bidding credits in auctions for geographic
area 800 MHz and 900 MHz SMR licenses to firms that had revenues of no
more than $15 million in each of the three previous calendar years.
This regulation defining ``small entity'' in the context of 900 MHz SMR
has been approved by the SBA. The Commission does not know how many
firms provide 800 MHz or 900 MHz geographic area SMR service pursuant
to extended implementation authorizations, nor how many of these
providers have annual revenues of no more than $15 million. One firm
has over $15 million in revenues. The Commission assumes for purposes
of this FRFA that all of the remaining existing extended implementation
authorizations are held by small entities, as that term is defined by
the SBA. The Commission has held auctions for geographic area licenses
in the 900 MHz SMR band, and recently completed an auction for
geographic area 800 MHz SMR licenses. There were 60 winning bidders who
qualified as small entities in the 900 MHz auction. In the recently
concluded 800 MHz SMR auction there were 524 licenses won by winning
bidders, of which 38 licenses were won by small or very small entities.
7. Private Land Mobile Radio Services (PLMR)
PLMR systems serve an essential role in a range of industrial,
business, land transportation, and public safety activities. The
Commission has not developed a definition of small entities
specifically applicable to PLMR licensees due to the vast array of PLMR
users. Therefore, the applicable definition of small entity is the
definition under the SBA rules applicable to radiotelephone companies.
This definition provides that a small entity is a radiotelephone
company employing no more than 1,500 persons. See 13 CFR. 121.201. For
the purpose of determining whether a licensee is a small business as
defined by the SBA, each licensee would need to be evaluated within its
own business area. The Commission is unable at this time to estimate
the number of small businesses which could be impacted by the rules.
The Commission's 1994 Annual Report on PLMRs indicates that at the end
of fiscal year 1994 there were 1,087,267 licensees operating 12,481,989
transmitters in the PLMR bands below 512 MHz. Any entity engaged in a
commercial activity is eligible to hold a PLMR license, therefore these
proposed rules could potentially impact every small business in the
United States.
8. Aviation and Marine Radio Service
Small entities in the aviation and marine radio services use a
marine very high frequency (VHF) radio, any type of emergency position
indicating radio beacon (EPIRB) and/or radar, a VHF aircraft radio,
and/or any type of emergency locator transmitter (ELT). The Commission
has not developed a definition of small entities specifically
applicable to these small businesses. Therefore, the applicable
definition of small entity is the definition under the SBA rules. Most
applicants for individual recreational licenses are individuals.
Approximately 581,000 ship station licensees and 131,000 aircraft
station licensees operate domestically and are not subject to the radio
carriage requirements of any statute or treaty. Therefore, for purposes
of the evaluations and conclusions in this FRFA, the Commission
estimates that there may be at least 712,000 potential licensees which
are individuals or are small entities, as that term is defined by the
SBA.
9. Offshore Radiotelephone Service
This service operates on several ultra high frequency (UHF) TV
broadcast channels that are not used for TV broadcasting in the coastal
area of the states bordering the Gulf of Mexico. At present, there are
approximately 55 licensees in this service. The Commission is unable at
this time to estimate the number of licensees that would qualify as
small entities under the SBA definition for radiotelephone
communications. The Commission assumes, for purposes of this FRFA, that
all of the 55 licensees are small entities, as that term is defined by
the SBA.
10. General Wireless Communication Service
This service was created by the Commission on July 31, 1995 by
transferring 25 MHz of spectrum in the 4660-4685 MHz band from the
federal government to private sector use. The Commission sought and
obtained SBA approval of a refined definition of ``small business'' for
GWCS. According to this definition, a small business is
[[Page 68914]]
any entity, together with its affiliates and entities holding
controlling interests in the entity, that has average annual gross
revenues over the three preceding years that are not more than $40
million. See 47 CFR 26.4. The Commission will offer 875 geographic area
licenses, based on Economic Areas, for GWCS. In estimating the number
of small entities that may participate in the GWCS auction, the
Commission anticipates that the makeup of current wireless services
licensees is representative of future auction winning bidders.
11. Fixed Microwave Services
Microwave services includes common carrier fixed, (see 47 CFR 101
et seq.) private operational fixed, and broadcast auxiliary radio
services (see 47 CFR 74.1 et seq.). At present, there are 22,015 common
carrier fixed licensees and approximately 61,670 private operational
fixed licensees and broadcast auxiliary radio licensees in the
microwave services. The Commission has not yet defined a small business
with respect to microwave services. For purposes of this FRFA, the
Commission will utilize the SBA definition applicable to radiotelephone
companies, i.e., an entity with less than 1,500 persons. The Commission
estimates that for purposes of this FRFA all of the Fixed Microwave
licensees (excluding broadcast auxiliary radio licensees) would qualify
as small entities under the SBA definition for radiotelephone
communications.
12. Commercial Radio Operators (Restricted and Commercial)
There are several types of commercial radio operator licenses.
Individual licensees are tested by Commercial Operator License
Examination Managers (COLEMs). COLEMs file the applications on behalf
of the licensee. The Commission has not developed a definition for a
small business or small organization that is applicable for COLEMs. The
RFA defines the term ``small organization'' as meaning ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field * * *'' See 5 U.S.C. 601(4). The Commission's
rules do not specify the nature of the entity that may act as a COLEM.
However, all of the COLEM organizations would appear to meet the RFA
definition for small organizations.
13. Amateur Radio Services
Amateur Radio service licensees are coordinated by Volunteer
Examiner Coordinators (VECs). The Commission has not developed a
definition for a small business or small organization that is
applicable for VECs. The RFA defines the term ``small organization'' as
meaning ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field * * *'' See 5 U.S.C.
601(4). The Commission's rules do not specify the nature of the entity
that may act as a VEC. All of the sixteen VEC organizations would
appear to meet the RFA definition for small organizations.
14. Personal Radio Services
Personal radio services provide short-range, low power radio for
personal communications, radio signaling, and business communications
not provided for in other services. These services include citizen band
(CB) radio service, general mobile radio service (GMRS), radio control
radio service, and family radio service (FRS). See 47 CFR 95.401
through 95.428; 47 CFR 95.1 through 95.181; 47 CFR 95.201 through
95.225; 47 CFR 95.191 through 95.194. To the extent any of these
licensees may be small entities under the SBA definition, the
Commission is unable at this time to estimate the exact number.
15. Public Safety Radio Services and Governmental Entities
Public Safety radio services include police, fire, local
governments, forestry conservation, highway maintenance, and emergency
medical services. See 47 CFR 90.15 through 90.27. There are a total of
approximately 127,540 licensees within these services. Governmental
entities as well as private businesses comprise the licensees for these
services. All governmental entities with populations of less than
50,000 fall within the definition of a small business. See 5 U.S.C.
601(5). There are approximately 37,566 governmental entities with
populations of less than 50,000. The RFA also includes small
governmental entities as a part of the regulatory flexibility analysis.
See 5 U.S.C. 601(5). The definition of a small governmental entity is
one with a population of less than 50,000. There are 85,006
governmental entities in the nation. This number includes such entities
as states, counties, cities, utility districts, and school districts.
There are no figures available on what portion of this number has
populations of fewer than 50,000; however, this number includes 38,978
counties, cities, and towns and of those, 37,566 or 96 percent, have
populations of fewer than 50,000. The Census Bureau estimates that this
ratio is approximately accurate for all governmental entities. Thus, of
the 85,006 governmental entities, the Commission estimates that 96
percent or 81,600 are small entities that may be affected by our rules.
16. Rural Radiotelephone Service
The Commission has not adopted a definition of small entity
specific to the Rural Radiotelephone Service. See 47 CFR 22.99. A
significant subset of the Rural Radiotelephone Service is the Basic
Exchange Telephone Radio Systems (BETRS). See 47 CFR 22.757; 22.729.
The Commission will use the SBA definition applicable to radiotelephone
companies; i.e., an entity employing no more than 1,500 persons. There
are approximately 1,000 licensees in the Rural Radiotelephone Service,
and the Commission estimates that almost all of them qualify as small
entities under the SBA definition.
17. Marine Coast Service
On December 3, 1998, the Commission plans to auction Public Coast
licenses in the 157.1875-157.4500 MHz (ship transmit) and 161.775-
162.0125 MHz (coast transmit) bands. For purposes of this auction, the
Commission defines a ``small'' business as an entity that, together
with controlling interests and affiliates, have average gross revenues
for the preceding three years not to exceed $15 million dollars. A
``very small'' business is one that, together with controlling
interests and affiliates, have average gross revenues for the preceding
three years not to exceed $3 million dollars. There are approximately
10,672 licensees in the Marine Coast Service, and the Commission
estimates that almost all of them qualify as small under the SBA
definition.
18. Wireless Communications Services (WCS)
WCS is a wireless service, which can be used for fixed, mobile,
radiolocation, and digital audio broadcasting satellite uses. The
Commission defined ``small business'' for the WCS auction as an entity
with average gross revenues of $40 million for each of the three
preceding years. The Commission auctioned geographic area licenses in
the WCS service. There were seven winning bidders who qualified as very
small business entities and one small business entity in the WCS
auction. Based on this information, the Commission concludes that the
number of geographic area WCS licensees affected include these eight
entities.
D. Description of the projected reporting, recordkeeping, and other
compliance requirements. All wireless radio services will be subject to
processing through the ULS rules. Under these rules, all new wireless
[[Page 68915]]
radio services license applications will be processed through ULS using
one or more of the new forms. In addition, any modification to an
existing license will also use the new forms and will be entered and
processed in the ULS. Other notifications that are required by the
final rules, as outlined in the R&O, will also be filed with the new
standard forms and processed through ULS. As noted, we expect that once
the ULS is implemented the overall compliance burdens associated with
these forms will be reduced.
Under the final rules, each applicant or licensee must submit the
appropriate application form depending on the purpose of the
application. Electronic filing through the ULS should be easier for
applicants than the current system. The ULS will prompt the applicant
for the necessary information and will provide interactive error
messages if information is not filed correctly. The system will allow
the applicant to correct their applications prior to submitting them,
saving time and processing steps for the FCC and the applicants. The
Commission notes that electronic filing will require a modem equipped
computer to file interactively through the FCC private wide area
network, which may be burdensome for some filers.
The ULS was designed to identify each individual licensee by their
taxpayer identification number (TIN) assigned to the entity or
individual (social security number will be used in the case of an
individual filing for a license). The TIN is required by licensees
pursuant to the Debt Collection Improvement Act of 1996. All existing
licensees will be required to identify all of their call signs and
their TIN. The system will assign a unique sequential identification
number to each entity or individual. This number will be used instead
of the TIN for public queries to the ULS database. Uniquely identifying
entities and associating their license records to the entity will
eliminate the data collection requirement for modifications and new
license applications that are filed electronically through the ULS.
E. Steps taken to minimize significant economic impact on small
entities, and significant alternatives considered: As noted in the R&O,
the development of the ULS will greatly reduce the cost of preparing
wireless applications and pleadings, while increasing the speed of the
licensing process. We expect that these changes will benefit all,
including small entities.
1. Electronic Filing and Consolidated Application Forms. In
services that do not require extensive technical data, such as Amateur,
Maritime, Aviation, Commercial Operators, and GMRS, the Commission
implements a quick form to minimize the economic impact on small
entities in these services. In addition, the forms have been developed
to ensure that applicants are not required to duplicate information
that has been already filed with the Commission. The Commission has
also eliminated the current copy and microfiche requirements for
electronically filed applications.
2. Auction Long-Form Application Submissions. The Commission allows
winning bidders to file a single long-form application to cover all
markets. Elimination of separate filing requirements will lift the
administrative burden to small businesses of having to file separate
long-form applications for each license won in the auction.
3. Filings of Pleadings. The Commission permits, but does not
require, pleadings to be filed electronically. Manually filed pleadings
will be scanned so that all pleadings will be easily accessible to the
public. Electronic filing through the ULS should be easier for
applicants than the current system because the ULS will prompt the
applicant for the necessary information and will provide interactive
error messages if information is not filed correctly. ULS will allow
the applicant to correct their applications prior to submitting them.
This system will allow all interested parties, including small
entities, easy access to pleadings that are filed in connection with
applications and licenses.
4. Standardization of Major and Minor Filing Rules. The Commission
consolidates major and minor filing standards to both amendments of
pending applications and to modifications of existing licenses. The
current fragmented system is confusing for applicants and licensees,
including small entities, because they are required to keep track of
different procedures for different radio services. Licensees,
especially small entities, will find it easier and more convenient to
have all standards in one place in the rules.
5. Filing of Multiple Modifications. The Commission adopts a
unified approach to the filing of multiple modification applications:
if a modification application is pending regarding a given station
parameter, and the licensee decides to elaborate upon or change that
request with an additional request to modify the same or a related
parameter, the document filed to effect that change will be
automatically deemed an amendment to the modification, rather than a
separate modification application. This will prevent applicants from
filing conflicting modification requests and will prevent the
Commission from erroneously granting or dismissing modification
applications because they were processed out of sequence.
6. Construction Notification Requirements. The Commission will send
notifications to licensees by ULS and mail before their construction or
coverage deadlines. Notifications of construction or coverage would be
accepted either electronically or manually. If a licensee fails to file
the required notification of completion of construction or satisfaction
of the coverage or substantial service requirements, the ULS would send
a letter terminating the authorization.
7. Ownership Requirements. The Commission will require submission
of ownership information from commercial mobile radio services (CMRS)
licensees. Applicants and licensees will submit ownership information
on FCC Form 602 when filing an initial application, a renewal
application, an assignment of authorization, or a transfer of control.
Private mobile radio services (PMRS) licensees, while subject to some
alien ownership restrictions--i.e., licenses may not be granted to or
held by a foreign government or a representative of a foreign
government (see 47 U.S.C. 310(a))--are not subject to most of the
restrictions placed on CMRS licensees. Accordingly, PMRS and private
fixed microwave licensees have not previously been required to submit
detailed ownership information. The Commission will require PMRS
licensees to certify their status with respect to foreign government
ownership or ownership by a representative of a foreign government each
time they submit a Form 601.
F. Report to Congress. The Commission shall send a copy of the
Order, including this FRFA, in a report to Congress pursuant to the
Small Business Regulatory Enforcement Fairness Act of 1996. See 5
U.S.C. 801(a)(1)(A). A copy of the Order and this FRFA will also be
sent to the Chief Counsel for Advocacy of the Small Business
Administration.
B. Paperwork Reduction Act (PRA)
Paperwork Reduction Act Analysis
Dates: Written comments by the public on the modified information
collections are due January 13, 1999. Written comments must be
submitted by OMB on the proposed information collections on or before
February 12, 1999.
[[Page 68916]]
Address: In addition to filing comments with the Secretary, a copy
of any comments on the information collections contained herein should
be submitted to Judy Boley, Federal Communications Commission, Room
234, 1919 M Street, NW., Washington, DC 20554, or via the Internet to
[email protected] (comments filed to Judy Boley after December 3, 1998,
should be submitted to Federal Communications Commission, Room C1804,
445 12th Street, SW., Washington, DC 20554, or via the Internet to
[email protected]); and to Timothy Fain, OMB Desk Officer, 10236 NEOB,
725-17th Street, NW., Washington, DC 20503 or via the Internet to
[email protected].
Further Information: For additional information concerning the
information collections contained in this R&O contact Judy Boley at
(202) 418-0214, or via the Internet at [email protected].
Supplementary Information: This R&O modified information
collections subject to the Paperwork Reduction Act of 1995 (PRA). It
has been submitted to the Office of Management and Budget (OMB) for
review under PRA. As part of its continuing effort to reduce paperwork
burdens, the Commission invites the general public and OMB to take this
opportunity to comment on the modified information collections
contained in this R&O. OMB notification of action is due January 13,
1999. Comments should address: (a) Whether the modified collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
OMB Approval Number: 3060-0798.
Title: FCC Application for Wireless Telecommunications Bureau Radio
Service Authorization.
Form No.: FCC Form 601.
Type of Review: Revision of an existing collection.
Respondents: Individuals or households; business and other for-
profit.
Number of Respondents: 240,320.
Estimated Time Per Response: 30 minutes to 1.25 hours.
Total Annual Burden: 210,280.
Frequency of Response: On occasion.
Total Annual Estimated Cost: $48,364,400. The Commission estimates
approximately 50% of the respondents will hire a consultant to prepare
this information. Consultant costs are included in this estimate.
Needs and Uses: Form 601 will be used as the general application
(long form) for market based licensing and site-by-site licensing in
the Wireless Telecommunications Services. The purpose of this revision
is to include changes as a result of comments provided during the
public comment period for the ULS NPRM (WT Docket No. 98-20; FCC 98-25)
and to specify an option available to applicants in the 700 MHz band
(Public Safety item WT Docket 96-86; FCC 98-191). In addition, we seek
to clarify that FCC Form 601 filed following the issuance of an
emergency Special Temporary Authorization (STA) as a result of phone or
facsimile request requires an attachment (exhibit) describing the
background of the emergency request. The data collected will be used by
the Commission to determine whether the applicant is legally,
technically and financially qualified to be licensed and to update the
database and provide for proper use of the frequency spectrum.
Major revisions to the 601 Main Form include adding questions to:
(1) collect the number of feeable waiver requests; (2) indicate if
attachments are being filed with the application; (3) provide for
optional questions regarding race, ethnicity and gender and (4) adding
and re-wording certification statements. The form also revised to
delete question under AFee Status@ pertaining to NCE Broadcast
exemption.
This long-form application is a consolidated application form and
will be utilized with the Universal Licensing System (ULS) currently
under development. This form comprises a main form containing
administrative data and a series of Schedules used to identify
technical information.
Many of the form schedules are also being revised. Schedule F is
being revised to add a question for respondent to indicate number of
new SIDs, if applicable, and a channel block indicated is also being
added. Schedule G is being revised to collect information required for
international coordination. Schedule H is being revised to add a
frequency coordination question and a question for the respondents to
specify antenna registration.
Schedule I being revised to add items for APack Name@ and an SMSA
identified for DEMS. Also, the information regarding station class has
been moved to Supplement 1. Additionally, a question for respondents to
identify if multiple minor mods or amendments exceed the threshold for
major modification was added, as well as a question for frequency
coordination. Schedule I Supplement 1 is being revised to include quiet
zone question and Supplement 2 is being revised to add MAS/DEMS
subtypes and a Path Code Identifier.
Schedule K is being revised to add a new item for slow growth and
the ability for notification of lower and upper frequency. Schedule L
is being revised to add the ability for extension of lower and upper
frequency.
The data collected on this form includes Taxpayer Identification
Number for the applicant. This number will not be displayed to the
public.
This consolidated form will eventually replace existing forms used
by Wireless Telecommunications Bureau, such as FCC 313, 313R, 402,
402R, 405, 405A, 406, 415, 464, 464A, 489, 494, 503, 452R, 574, 574R,
600 and 701. As the Commission implements FCC 601 in phases for the
various radio services and use of the Form 601 becomes mandatory after
a transition period, other form burdens will be amended as necessary to
reflect the obsolescence of the old forms.
This collection includes a Third Party requirement that certain
applicants obtain frequency coordination. There is no additional time
burden placed on the respondent for this requirement, however, it adds
an extra Astep@ to the application filing requirements. Applicants
forward their applications via the non-profit private sector frequency
coordinators designated by type of radio service. The frequency
coordinator then forwards the application and application remittance to
the FCC. We estimate that 40% of the respondents (96,128) are affected
by this requirement.
OMB Approval Number: 3060-0799.
Title: FCC Ownership Disclosure Information for the Wireless
Telecommunications Services.
Form No.: FCC 602.
Type of Review: Revision of an existing collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 3,000.
Estimated Time Per Response: 30 minutes to 2 hours. The Commission
estimate that 50% of the respondents will hire an outside consultant to
prepare the information.
Total Annual Burden: 3,750 hours.
Frequency of Response: On Occasion.
Total Annual Estimated Costs: $604,000. This cost includes an
estimate that 50% of the respondents will hire an
[[Page 68917]]
outside consultant at $200 per hour to prepare the information. It also
includes $2.50 per respondent in postal fees for applicants filing
manually.
Needs and Uses: This form is required to be filed by applicants who
have acquired their license by participation in an FCC auction or who
are applying for a license in a service which is subject to Part 1,
Subpart Q of the Commission's Rules, or by common carrier licensees
whether or not the service was originally subject to auction, under the
following circumstances: (1) Applicants for a new license or
authorization who do not have a current FCC Form 602 on file with the
FCC; (2) Applicants filing to renew an existing license if there is no
current FCC Form 602 on file with the FCC; (3) Applicants for a
transfer of control of a license or assignment of authorization who do
not have a current FCC Form 602 on file with the FCC; (4) Applicants
who are going to participate in an FCC auction and do not have a
current FCC Form 602 on file.
The purpose for the information collection is to obtain the
identity of the applicant and to elicit information required by Section
1.2112 of the Commission's rules regarding: (1) Persons or entities
holding a 10% or greater direct or indirect ownership interest in the
applicant; (2) All affiliates of the applicant pursuant to Section
1.211; (3) All general partners in any general partnership in the
applicant's chain of ownership, and; (4) All the members of any limited
liability corporation in applicant's chain of ownership.
FCC 602 consists of a Main Form and associated schedules for
technical information. Filers will use multiple copies of Form 602 as
needed to list each direct and indirect owner and associated
information. The data will be used by the FCC to determine whether the
applicant is legally, technically and financially qualified to be
licensed. The data collected on this form includes Taxpayer
Identification Numbers for the Applicant/Licensee, any Related FCC
Regulated Businesses of the Applicant/Licensee, Disclosable Interest
Holders and any Related FCC Regulated Businesses of Disclosable
Interest Holders. These numbers will not be displayed to the public.
The current Form 602 was designed for use by auctionable services
only and this revision accommodates use by all Wireless
Telecommunications Services. The use of FCC Form 602 will replace FCC
Form 430 for Wireless services. We intend to allow a transition period
after which FCC Form 430 will be discontinued for use by Wireless
services.
The previous OMB submission for this form identified the number of
respondents as 10,000 which includes all Wireless services. Therefore,
there is no change in the number of respondents, only re-design of the
form to accommodate the various services. The FCC Form 602 has also
been completely revised in order to collect ownership information in a
format where the relationships between various entities is readily
apparent. The currently approved version of the Form 602 simply
collects a list of attributable owners. In accordance with our rules,
the new form collects this information along with the business
relationship (attributable owner, indirect owner, etc.) which is
essential for regulating the commercial use of the spectrum.
OMB Approval Number: 3060-0800.
Title: FCC Wireless Telecommunications Bureau Application for
Assignments of Authorization and Transfers of Control.
Form No.: FCC 603.
Type of Review: Revision to an existing collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 32,151.
Estimated Time Per Response: 30 minutes to 1.75 hours. The
Commission estimate that 50% of the respondents will hire an outside
consultant to prepare the information.
Total Annual Burden: 36,171 hours.
Total Estimated Annual Costs: $7,114,000. This cost includes an
estimate that 50% of the respondents will hire an outside consultant at
$200 per hour to prepare the information. It also includes a $45 filing
fee per respondent and $2.50 in postal fees for applicants filing
manually.
Frequency of Response: On occasion.
Needs and Uses: This collection of information incorporates a
previously approved OMB collection of 3060-0797. Collection 3060-0797
is eliminated.
Form 603 is a multi-purpose form used to apply for approval of
assignment or transfer of control of licenses in the Wireless Radio
Services. The data collected on this form is used by the FCC to
determine whether the public interest would be served by approval of
the requested assignment or transfer. This form is also used to notify
the Commission of consummated assignments and transfers of wireless
licenses that have previously been consented to by the Commission or
for which notification but not prior consent is required. This form is
used by applicants/licensees in the Public Mobile Services, Personal
Communications Services, Private Land Mobile Radio Services, Broadcast
Auxiliary Services, Fixed Microwave Services, Maritime Services
(excluding ships), and Aviation Services (excluding aircraft).
The purpose of this form is to obtain information sufficient to
identify the parties to the proposed assignment or transfer, establish
the parties basic eligibility and qualifications, classify the filing,
and determine the nature of the proposed service. Various technical
schedules are required along with the main form applicable to Auctioned
Services, Partitioning and Disaggregation, Undefined Geographical Area
Partitioning, Notification of Consummation or Request for Extension of
Time for Consummation.
The data collected on this form includes the Taxpayer
Identification Numbers of the Licensee/Assignor, Transferor and the
Assignee/Transferee. These numbers will not be displayed to the public.
This form will eventually replace FCC Forms 490, 702, 703, 704 and
1046. After an initial transition period for use of the Form 603, the
other forms will no longer be used.
The revised 603 is a consolidated form which now incorporates the
information previously required on FCC Form 604 ``Applications for
Transfer of Control for Auctionable Services''. Consolidating these
forms required adding a number of questions regarding the following:
related applications; transfer of control; determination if application
is subject to streamlined processing under forbearance; waivers;
attachments to the application; pending transfers or assignments not on
the form 603; Sub Group Identification Numbers; and Assignor/Transferor
Race, Ethnicity, gender; identification of partial assignments. There
were also revisions to the certifications included on the form.
The number of respondents and burden hours have increased due to
combining a previously approved collection (3060-0797) with this one.
OMB Approval Number: 3060-0795.
Title: ULS TIN Registration and FCC Form 606.
Form No.: FCC 606.
Type of Review: Revision to an Existing Collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 411,000.
Estimated Time Per Response: 1 hour.
[[Page 68918]]
Total Annual Burden: 411,000 hours.
Frequency of Response: On Occasion.
Total Annual Estimated Costs: The Commission estimates respondents
will incur no cost to provide this information.
Needs and Uses: The Wireless Telecommunications Bureau is currently
developing a Universal Licensing System (ULS) with gradual
implementation by radio service. This Universal Licensing System will
eventually replace 11 separate licensing databases and provide for
universal licensing forms and data collection for the many services
that the Wireless Bureau provides.
The Universal Licensing System is driven by applicants Taxpayer
Identification Number, which could be a Social Security Number or an
Employer Identification Number. Existing licensees are required to
provide WTB with their Taxpayer Identification Number and list of call
signs in order to populate ULS and establish a unique sequential number
for each licensee. A licensee may have multiple licenses under
different names and addresses all covered under the same TIN number. A
single entities licenses could be in various names, radio services and
addresses.
During this period of collecting existing entities Taxpayer
Identification Numbers and the process of linking the licenses for each
entity, problems were encountered with various organizations
responsible for only a certain portion of the entities total radio
authorization. Therefore, it was necessary for the FCC to establish
``Sub-TINs''. Entities must obtain a Sub-Group Identification Number
(SGIN) from the FCC in instances where the applicant or licensee does
not have a unique TIN because it is a sub-group or department of the
entity identified by the TIN (e.g., a governmental entity or academic
institution) and therefore shares the TIN with other subgroups or
departments of the same entity. The SGIN allows each sub-group to track
the licenses it holds.
The Commission is revising this collection to in response to
comments received on the ULS NPRM. Entities using and registering their
TINS requested the Commission add the SGIN. Most of the SGIN's will be
filed via FCC Form 601. However, there may be instances of where FCC
606 filers need to provide SGINs. The estimated number of respondents
and burden remains the same.
The Taxpayer Identification Number or the SGIN will not be
displayed to the public.
The Wireless Bureau strongly encourages submission of this
information electronically and has developed an interactive electronic
application for this purpose, FCC Form 606. A series of public notices
have been issued to collect this information by radio service.
The information collected in the application will be used to
populate the Universal Licensing System and to assign a unique
identifier to each licensee for interaction with the ULS. Assignment of
the unique identifier will be automatically generated by the system.
This information will also be used to match records in the licensing
database to the Collection System records to validate payment for
applications and for Debt Collection purposes.
OMB Approval Number: 3060-XXXX.
Title: Wireless Telecommunications Bureau Universal Licensing
System Recordkeeping and Third Party Disclosure Requirements.
Form No.: N/A.
Type of Review: New collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 8,255 Recordkeepers. In addition to the
recordkeeping requirements some of the respondents may be required to
coordinate various actions with Third Parties. The total number of
responses is 11,242.
Estimated Time Per Response: 30 minutes.
Total Annual Burden: 5,624 hours.
Frequency of Response: On Occasion.
Total Annual Estimated Costs: No Additional Costs.
Needs and Uses: ULS establishes a streamlined set of rules that
minimizes filing requirements; eliminates redundant, inconsistent, or
unnecessary submission requirements; and assures ongoing collection of
reliable licensing and ownership data. The recordkeeping and third
party disclosure requirements contained in this collection are a result
of the eliminate of a number of filing requirements. The ULS forms
contain a number of certifications, which eliminated for a number of
previous filing requirements. However, applicants must maintain records
to document compliance with the requirements. In some instance
applicants may also be required to coordinate activities with third
parties prior to submitting applications.
V. Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority of
sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r),
332(c)(7), 47 CFR Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97
and 101 of the Commission's Rules are Amended as set forth in the rule
changes.
It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this R&O,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration, in
accordance with section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq.
It is further ordered that pursuant to section 5(c) of the
Communications Act of 1934 (see 47 U.S.C. 155(c)), the Chief, Wireless
Telecommunications Bureau, is granted delegated authority to develop,
implement, modify rules and procedures for the Universal Licensing
System to the extent stated herein.
It is further ordered that Petition for Rule Making RM-8677 is
granted as indicated herein and WT Docket No. 96-188 is terminated.
List of Subjects in 47 CFR Parts 0, 1, 13, 22, 24, 26, 27, 80, 87,
90, 95, 97, and 101
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Final Rules
Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of
Chapter 1 of Title 47 of the Code of Federal Regulations (CFR) are
amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.121 is amended by revising paragraph (b) to read as
follows:
Sec. 0.121 Location of field installations.
* * * * *
(b) Protected field offices are located at the following
geographical coordinates (coordinates are referenced to North American
Datum 1983 (NAD83)):
Allegan, Michigan
42 deg.36'20.1'' N. Latitude
85 deg.57'20.1'' W. Longitude
Anchorage, Alaska
61 deg.09'41.0'' N. Latitude
150 deg.00'03.0'' W. Longitude
Belfast, Maine
[[Page 68919]]
44 deg.26'42.3'' N. Latitude
69 deg.04'56.1'' W. Longitude
Canandaigua, New York
42 deg.54'48.2'' N. Latitude
77 deg.15'57.9'' W. Longitude
Douglas, Arizona
31 deg.30'02.3'' N. Latitude
109 deg.39'14.3'' W. Longitude
Ferndale, Washington
48 deg.57'20.4'' N. Latitude
122 deg.33'17.6'' W. Longitude
Grand Island, Nebraska
40 deg.55'21.0'' N. Latitude
98 deg.25'43.2'' W. Longitude
Kingsville, Texas
27 deg.26'30.1'' N. Latitude
97 deg.53'01.0'' W. Longitude
Laurel, Maryland
39 deg.09'54.4'' N. Latitude
76 deg.49'15.9'' W. Longitude
Livermore, California
37 deg.43'29.7'' N. Latitude
121 deg.45'15.8'' W. Longitude
Powder Springs, Georgia
33 deg.51'44.4'' N. Latitude
84 deg.43'25.8'' W. Longitude
Sabana Seca, Puerto Rico
18 deg.27'15.8'' N. Latitude
66 deg.13'35.6'' W. Longitude
Santa Isabel, Puerto Rico
18 deg.00'18.9'' N. Latitude
66 deg.22'30.6'' W. Longitude
Vero Beach, Florida
27 deg.36'22.1'' N. Latitude
80 deg.38'05.2'' W. Longitude
Waipahu, Hawaii
21 deg.22'33.6'' N. Latitude
157 deg.59'44.1'' W. Longitude
3. Section 0.401 is amended by adding paragraph (b)(3) to read as
follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(b) * * *
(3) Alternatively, applications and other filings may be sent
electronically via the Universal Licensing System (ULS).
4. Section 0.408 is amended by adding entries for FCC 601, FCC 602,
FCC 603, and FCC 605 to the end of the table in paragraph (b) to read
as follows:
Sec. 0.408 OMB control numbers and expiration dates assigned pursuant
to the Paperwork Reduction Act.
* * * * *
(b) * * *
3060-0798. FCC 601.................................................XXXX
3060-0799. FCC 602.................................................XXXX
3060-0800. FCC 603.................................................XXXX
3060-0850. FCC 605.............................................10/31/01
* * * * *
5. Section 0.453 is amended by removing and reserving paragraph
(g)(1) and revising introductory text of paragraph (h) and paragraph
(h)(1) to read as follows:
Sec. 0.453 Public reference rooms.
* * * * *
(g) * * *
(1) * * * [Reserved]
(2) * * *
(h) The Wireless Telecommunications Bureau Reference Room. The
following documents, files and records are available.
(1) The Wireless Telecommunications Bureau Reference Room--
Gettysburg. Commercial radio operator application files and all
authorizations in the Wireless Radio Services and files relating
thereto, which includes Land Mobile, Microwave, Aviation Ground and
Marine Coast applications. All of these materials are available in the
Commission's offices in Gettysburg, Pennsylvania. See Sec. 0.457(f)(3).
This reference room also contains station files containing applications
and related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary,
and Low Power Auxiliary Stations in the Mass Media services. This
reference room also contains station files containing applications and
related materials for the Point-to-Point Microwave (including the Local
Television Transmission Service) and Digital Electronic Message (DEMS)
services in the Common Carrier services. Cards summarizing the
historical record of applications and dispositions of the Broadcast
Auxiliary service through May 1982 are available for inspection as
well.
* * * * *
6. Section 0.482 is revised to read as follows:
Sec. 0.482 Application for waiver of wireless radio service rules.
All requests for waiver of the rules (see Sec. 1.925) governing the
Wireless Radio Services (see Sec. 1.907) that require a fee (see
Sec. 1.1102) shall be submitted via the Universal Licensing System or
to the Mellon Bank, Pittsburgh, Pennsylvania at the address set forth
in Sec. 1.1102. Waiver requests that do not require a fee should be
submitted via the Universal Licensing System or to: Federal
Communications Commission, 1270 Fairfield Road, Gettysburg,
Pennsylvania 17325-7245. Waiver requests attached to applications must
be submitted in accordance with Sec. 0.401(b) or Sec. 0.401(c) of the
rules.
7. Section 0.491 is revised to read as follows:
Sec. 0.491 Application for exemption from compulsory ship radio
requirements.
Applications for exemption filed under the provisions of
Secs. 352(b) or 383 of the Communications Act; Regulation 4, chapter I
of the Safety Convention; Regulation 5, chapter IV of the Safety
Convention; or Article IX of the Great Lakes Agreement, must be filed
as a waiver request using the procedures specified in Sec. 0.482 of
this part. Emergency requests must be filed via the Universal Licensing
System or at the Federal Communications Commission, Office of the
Secretary, 445 12th Street, SW, Room TW-B204, Washington, DC 20554.
PART 1--PRACTICE AND PROCEDURE
8. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 207, 303, and 309(j) unless
otherwise noted.
9. Section 1.4 is amended by adding a sentence to the end of
paragraph (f) to read as follows:
Sec. 1.4 Computation of time.
* * * * *
(f) * * * Applications, attachments and pleadings filed
electronically in the Universal Licensing System (ULS) pursuant to
Sec. 1.913(b) or Sec. 1.939(b) must be received before midnight on the
filing date.
* * * * *
10. Section 1.41 is amended by adding a sentence at the end of the
paragraph to read as follows:
Sec. 1.41 Informal requests for Commission action.
* * * In application and licensing matters pertaining to the
Wireless Radio Services, as defined in Sec. 1.904 of this part, such
requests may also be sent electronically, via the ULS.
11. Section 1.45 is amended by adding a sentence to the end of the
introductory paragraph, and revising paragraphs (a), (b) and (c) to
read as follows:
Sec. 1.45 Pleadings; filing periods.
* * * Pleadings associated with licenses, applications, waivers
and other documents in the Wireless Radio Services may be filed via the
ULS.
(a) Petitions. Petitions to deny may be filed pursuant to
Sec. 1.939 of this part.
(b) Oppositions. Oppositions to any motion, petition, or request
may be filed within 10 days after the original pleading is filed.
(c) Replies. The person who filed the original pleading may reply
to oppositions within 5 days after the time for filing oppositions has
expired. The reply shall be limited to matters raised in the
oppositions, and the response to all such matters shall be set forth in
a single pleading; separate replies to
[[Page 68920]]
individual oppositions shall not be filed.
* * * * *
12. Section 1.49 is amended by revising the first sentence of
paragraph (e) to read as follows:
Sec. 1.49 Specifications as to pleadings and documents.
* * * * *
(e) Petitions, pleadings, and other documents associated with
licensing matters in the Wireless Radio Services may be filed
electronically in ULS. * * *
* * * * *
13. Section 1.50 is revised to read as follows:
Sec. 1.50 Specifications as to briefs.
The Commission's preference is for briefs that are either
typewritten, prepared by other mechanical processing methods, or, in
the case of matters in the Wireless Radio Services, composed
electronically and sent via ULS. Printed briefs will be accepted only
if specifically requested by the Commission. Typewritten, mechanically
produced, or electronically transmitted briefs must conform to all of
the applicable specifications for pleadings and documents set forth in
Sec. 1.49.
14. Section 1.51 is amended by adding new paragraphs (f), (g), and
(h) to read as follows:
Sec. 1.51 Number of copies of pleadings, briefs and other papers.
* * * * *
(f) For application and licensing matters involving the Wireless
Radio Services, pleadings, briefs or other documents may be filed
electronically in ULS, or if filed manually, one original and one copy
of a pleading, brief or other document must be filed.
(g) Participants that file pleadings, briefs or other documents
electronically in ULS need only submit one copy, so long as the
submission conforms to any procedural or filing requirements
established for formal electronic comments. (see Sec. 1.49)
(h) Pleadings, briefs or other documents filed electronically in
ULS by a party represented by an attorney shall include the name,
street address, and telephone number of at least one attorney of
record. Parties not represented by an attorney that file electronically
in ULS shall provide their name, street address, and telephone number.
15. Section 1.52 is amended by revising the third and fourth
sentences to read as follows:
Sec. 1.52 Subscription and verification.
* * * Either the original document, the electronic reproduction of
such original document containing the facsimile signature of the
attorney or represented party, or, in the case of matters in the
Wireless Radio Services, an electronic filing via ULS is acceptable for
filing. If a facsimile or electronic reproduction of such original
document is filed, the signatory shall retain the original until the
Commission's decision is final and no longer subject to judicial
review. * * *
16. Section 1.83 is amended by revising the last sentence of
paragraph (b) to read as follows:
Sec. 1.83 Applications for radio operator licenses.
* * * * *
(b) * * * This bulletin is available from the Commission's Forms
Distribution Center by calling 1-800-418-FORM (3676).
Sec. 1.84 [Removed]
17. Section 1.84 is removed.
18. Section 1.85 is revised to read as follows:
Sec. 1.85 Suspension of operator licenses.
Whenever grounds exist for suspension of an operator license, as
provided in Sec. 303(m) of the Communications Act, the Chief of the
Wireless Telecommunications Bureau, with respect to amateur and
commercial radio operator licenses, may issue an order suspending the
operator license. No order of suspension of any operator's license
shall take effect until 15 days' notice in writing of the cause for the
proposed suspension has been given to the operator licensee, who may
make written application to the Commission at any time within the said
15 days for a hearing upon such order. The notice to the operator
licensee shall not be effective until actually received by him, and
from that time he shall have 15 days in which to mail the said
application. In the event that physical conditions prevent mailing of
the application before the expiration of the 15-day period, the
application shall then be mailed as soon as possible thereafter,
accompanied by a satisfactory explanation of the delay. Upon receipt by
the Commission of such application for hearing, said order of
suspension shall be designated for hearing by the Chief, Wireless
Telecommunications Bureau and said suspension shall be held in abeyance
until the conclusion of the hearing. Upon the conclusion of said
hearing, the Commission may affirm, modify, or revoke said order of
suspension. If the license is ordered suspended, the operator shall
send his operator license to the Licensing and Technical Analysis
Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, in Washington, DC, on or before the
effective date of the order, or, if the effective date has passed at
the time notice is received, the license shall be sent to the
Commission forthwith.
19. Section 1.106 is amended by adding a new paragraph (o) to read
as follows:
Sec. 1.106 Petitions for reconsideration.
* * * * *
(o) Petitions for reconsideration of licensing actions, as well as
oppositions and replies thereto, that are filed with respect to the
Wireless Radio Services, may be filed electronically via ULS.
20. Section 1.821 is revised to read as follows:
Sec. 1.821 Scope.
The provisions of Secs. 1.822 and 1.824 of this part apply as
indicated to those applications for permits, licenses or authorizations
in the Multichannel Multipoint Distribution Service for which action
may be taken by the Mass Media Bureau pursuant to delegated authority.
Sec. 1.823 [Removed]
21. Section 1.823 is removed.
Sec. 1.825 [Removed]
22. Section 1.825 is removed.
23. Subpart F of Part 1is revised to read as follows:
Subpart F--Wireless Telecommunications Services, Applications and
Proceedings
Scope and Authority
Sec.
1.901 Basis and purpose.
1.902 Scope.
1.903 Authorization required.
1.907 Definitions.
Application Requirements and Procedures
1.911 Station files.
1.913 Application forms; electronic and manual filing.
1.915 General application requirements.
1.917 Who may sign applications.
1.919 Ownership information.
1.923 Content of applications.
1.924 Quiet zones.
1.925 Waivers.
1.926 Application processing; initial procedures.
1.927 Amendment of applications.
1.929 Classification of filings as major or minor.
1.931 Application for special temporary authority.
1.933 Public notices.
1.934 Defective applications and dismissal.
1.935 Agreements to dismiss applications, amendments or pleadings.
[[Page 68921]]
1.937 Repetitious or conflicting applications.
1.939 Petitions to deny.
1.945 License grants.
1.946 Construction and coverage requirements.
1.947 Modification of licenses.
1.948 Assignment of authorization or transfer of control,
notification of consummation.
1.949 Application for renewal of license.
1.951 Duty to respond to official communications.
1.955 Termination of authorizations.
1.956 Settlement conferences.
1.957 Procedure with respect to amateur radio operator licenses.
Reports to be Filed with the Commission
1.981 Reports, annual and semi-annual.
Subpart F--Wireless Telecommunications Services Applications and
Proceedings
24. Sec. 1.901 is revised to read as follows:
Sec. 1.901 Basis and purpose.
These rules are issued pursuant to the Communications Act of 1934,
as amended, 47 U.S.C 151 et seq. The purpose of these rules is to
establish the requirements and conditions under which entities may be
licensed in the Wireless Radio Services as described in this part and
in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90, 95, 97 and 101 of this
chapter.
25. Sections 1.902, 1.903 and 1.907 are added to read as follows:
Sec. 1.902 Scope.
In case of any conflict between the rules set forth in this subpart
and the rules set forth in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90,
95, 97, and 101 of Title 47, Chapter I of the Code of Federal
Regulations, the rules in Part 1 shall govern.
Sec. 1.903 Authorization required.
(a) General rule. Stations in the Wireless Radio Services must be
used and operated only in accordance with the rules applicable to their
particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part, except as specified in paragraph (b) of this section.
(b) Restrictions. The holding of an authorization does not create
any rights beyond the terms, conditions and period specified in the
authorization. Authorizations may be granted upon proper application,
provided that the Commission finds that the applicant is qualified in
regard to citizenship, character, financial, technical and other
criteria, and that the public interest, convenience and necessity will
be served. See Secs. 301, 308, and 309, 310 of this chapter.
(c) Subscribers. Authority for subscribers to operate mobile or
fixed stations in the Wireless Radio Services, except for certain
stations in the Rural Radiotelephone Service and the Air-Ground
Radiotelephone Service, is included in the authorization held by the
licensee providing service to them. Subscribers are not required to
apply for, and the Commission does not accept, applications from
subscribers for individual mobile or fixed station authorizations in
the Wireless Radio Services, except as follows: individual
authorizations are required to operate general aviation airborne mobile
stations in the Air-Ground Radiotelephone Service. See Sec. 22.82 of
this chapter. Individual authorizations are required to operate rural
subscriber stations in the Rural Radiotelephone Service, except as
provided in Sec. 22.703 of this chapter. Individual authorizations are
required for end users of certain Specialized Mobile Radio Systems as
provided in Sec. 90.655 of this chapter. In addition, certain ships and
aircraft are required to be individually licensed under Parts 80 and 87
of this chapter. See Secs. 80.13, 87.18 of this chapter.
Sec. 1.907 Definitions.
Antenna structure. The term antenna structure includes the
radiating and receiving elements, its supporting structures, towers,
and all appurtenances mounted thereon.
Application. A request on a standard form for a station license as
defined in Sec. 3(b) of the Communications Act, signed in accordance
with Sec. 1.917 of this part, or a similar request to amend a pending
application or to modify or renew an authorization. The term also
encompasses requests to assign rights granted by the authorization or
to transfer control of entities holding authorizations.
Auctionable license. A Wireless Radio Service license identified in
Sec. 1.2102 of this part for which competitive bidding is used to
select from among mutually exclusive applications.
Auctionable license application. A Wireless Radio Service license
application identified in Sec. 1.2102 of this part for which
competitive bidding is used if the application is subject to mutually
exclusive applications.
Authorization. A written instrument or oral statement issued by the
FCC conveying authority to operate, for a specified term, to a station
in the Wireless Telecommunications Services.
Authorized bandwidth. The maximum bandwidth permitted to be used by
a station as specified in the station license. See Sec. 2.202 of this
chapter.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization or rules.
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.
Effective radiated power (ERP). The product of the power supplied
to the antenna multiplied by the gain of the antenna referenced to a
half-wave dipole.
Equivalent Isotopically Radiated Power (EIRP). The product of the
power supplied to the antenna multiplied by the antenna gain referenced
to an isotropic antenna.
Fixed station. A station operating at a fixed location.
Harmful interference. Interference that endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radio communications
service operating in accordance with the Radio Regulations.
Mobile relay station. A fixed transmitter used to facilitate the
transmission of communications between mobile units.
Mobile station. A radio communication station capable of being
moved and which ordinarily does move.
Non-auctionable license. A Wireless Radio Service license
identified in Sec. 1.2102 of this part for which competitive bidding is
not used to select from among mutually exclusive applications.
Non-auctionable license application. A Wireless Radio Service
license application for which Sec. 1.2102 of this part precludes the
use of competitive bidding if the application is subject to mutually
exclusive applications.
Private Wireless Services. Wireless Radio Services authorized by
parts 80, 87, 90, 95, 97, and 101 that are not Wireless
Telecommunications Services, as defined in this part.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radio communications service.
Receipt date. The date an electronic or paper application is
received at the appropriate location at the Commission or Mellon Bank.
Amendments to pending applications may result in the assignment of a
new receipt date in accordance with Sec. 1.927 of this part.
[[Page 68922]]
Universal Licensing System. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees
in the Wireless Radio Services, and provides public access to licensing
information.
Wireless Radio Services. All radio services authorized in parts 13,
20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter,
whether commercial or private in nature.
Wireless Telecommunications Services. Wireless Radio Services,
whether fixed or mobile, that meet the definition of
``telecommunications service'' as defined by 47 U.S.C. 153, as amended,
and are therefore subject to regulation on a common carrier basis.
Wireless Telecommunications Services include all radio services
authorized by parts 20, 22, 24, 26, and 27 of this chapter. In
addition, Wireless Telecommunications Services include Public Coast
Stations authorized by part 80 of this chapter, Commercial Mobile Radio
Services authorized by part 90 of this chapter, and common carrier
fixed microwave services, Local Television Transmission Service (LTTS),
Local Multipoint Distribution Service (LMDS), and Digital Electronic
Message Service (DEMS), authorized by part 101 of this chapter.
26. Section 1.911 is revised to read as follows:
Sec. 1.911 Station files.
Applications, notifications, correspondence, electronic filings and
other material, and copies of authorizations, comprising technical,
legal, and administrative data relating to each station in the Wireless
Radio Services are maintained by the Commission in ULS. These files
constitute the official records for these stations and supersede any
other records, database or lists from the Commission or other sources.
Sec. 1.912 [Removed]
27. Section 1.912 is removed.
28. Section 1.913 is revised to read as follows:
Sec. 1.913 Application forms; electronic and manual filing.
(a) Application forms. Applicants and licensees in the Wireless
Radio Services shall use the following forms and associated schedules
for all applications:
(1) FCC Form 601, Application for Authorization in the Wireless
Radio Services. FCC Form 601 and associated schedules is used to apply
for initial authorizations, modifications to existing authorizations,
amendments to pending applications, renewals of station authorizations,
developmental authorizations, special temporary authority,
notifications, requests for extension of time, and administrative
updates.
(2) FCC Form 602, Wireless Radio Services Ownership Form. FCC Form
602 is used by applicants and licensees in auctionable services to
provide and update ownership information as required by Secs. 1.919,
1.948, 1.2112(a) of this part, and any other section that requires the
submission of such information.
(3) FCC Form 603, Application for Assignment of Authorization or
Transfer of Control. FCC Form 603 is used to apply for Commission
consent to assignments of existing authorizations, to apply for
Commission consent to the transfer of control of entities holding
authorizations, to notify the Commission of the consummation of
assignments or transfers, and to request extensions of time for
consummation of assignments or transfers. It is also used to apply for
Commission consent to partial assignments of authorizations, including
partitioning and disaggregation.
(4) FCC Form 605, Quick-form Application for Authorization for
Wireless Radio Services. FCC Form 605 is used to apply for Amateur,
Ship, Aircraft, and General Mobile Radio Service (GMRS) authorizations,
as well as Commercial Radio Operator Licenses.
(b) Electronic filing. Except as specified in paragraph (d) of this
section or elsewhere in this chapter, all applications and other
filings using FCC Forms 601 through 605 or associated schedules must be
filed electronically in accordance with the electronic filing
instructions provided by ULS. For each Wireless Radio Service that is
subject to mandatory electronic filing, this subparagraph is effective
on (1) July 1, 1999, or (2) six months after the Commission begins use
of ULS to process applications in the service, whichever is later. The
Commission will announce by public notice the deployment date of each
service in ULS.
(1) Attachments to applications should be uploaded along with the
electronically filed application whenever possible. The files, other
than the ASCII table of contents, should be in Adobe Acrobat Portable
Document Format (PDF) whenever possible.
(2) Any associated documents (see Sec. 1.211(a) of this part)
submitted with an application must be uploaded as attachments to the
application whenever possible. The attachment should be uploaded via
ULS in Adobe Acrobat Portable Document Format (PDF) whenever possible.
(c) Auctioned license applications. Auctioned license applications,
as defined in Sec. 1.907 of this part, shall also comply with the
requirements of subpart Q of this part and the applicable Commission
orders and public notices issued with respect to each auction for a
particular service and spectrum.
(d) Manual filing. (1) ULS Forms 601, 603 and 605 may be filed
manually or electronically by applicants and licensees in the following
services:
(i) The part 90 Private Land Mobile Radio services for shared
spectrum, spectrum in the public safety pool below 746 MHz, and
spectrum in the public safety allocation above 746 MHz, except those
filed by Commission-certified frequency coordinators;
(ii) The part 97 Amateur Radio Service, except those filed by
Volunteer Examination Coordinators;
(iii) The part 95 General Mobile Radio Service and Personal Radio
Service (excluding 218-219 MHz service);
(iv) The part 80 Maritime Services (excluding the VHF 156-162 MHz
Public Coast Stations);
(v) The part 87 Aviation Services;
(vi) Part 13 Commercial Radio Operators; and
(vii) Part 101 licensees who are also members of any of the groups
listed in paragraph (d)(1)(i) through (d)(1)(vi) of this section.
(2) Manually filed applications must be submitted to the Commission
at the appropriate address with the appropriate filing fee. The
addresses for filing and the fee amounts for particular applications
are listed in Subpart G of this part, and in the appropriate fee filing
guide for each service available from the Commission's Forms
Distribution Center by calling 1-800-418-FORM (3676).
(3) Manually filed applications requiring fees as set forth at
Subpart G, of this part must be filed in accordance with Sec. 0.401(b).
(4) Manually filed applications that do not require fees must be
addressed and sent to Federal Communications Commission, 1270 Fairfield
Road, Gettysburg, Pennsylvania 17325-7245.
(5) Standard forms may be reproduced and the copies used in
accordance with the provisions of Sec. 0.409 of this chapter.
(6) Attachments to manually filed applications may be filed on a
standard 3.5 magnetic diskette formatted to be readable by high density
floppy drives operating under MS-DOS (version 3.X or later compatible
versions). Each diskette submitted must contain an ASCII text
[[Page 68923]]
file listing each filename and a brief description of the contents of
each file and format for each document on the diskette. The files on
the diskette, other than the table of contents, should be in Adobe
Acrobat Portable Document Format (PDF) whenever possible. All diskettes
submitted must be legibly labelled referencing the application and its
filing date.
(e) Applications requiring prior coordination. Parties filing
applications that require frequency coordination shall, prior to
filing, complete all applicable frequency coordination requirements in
service-specific rules contained within this chapter. After appropriate
frequency coordination, such applications may be electronically filed
via ULS or, if filed manually, must be forwarded to the appropriate
address with the appropriate filing fee (if applicable) in accordance
with subparagraph (d). Applications filed by the frequency coordinator
on behalf of the applicant must be filed electronically.
(f) Applications for Amateur licenses. Each candidate for an
amateur radio operator license which requires the applicant to pass one
or more examination elements must present the administering Volunteer
Examiners (VE) with all information required by the rules prior to the
examination. The VEs may collect the information required by these
rules in any manner of their choosing, including creating their own
forms. Upon completion of the examination, the administering VEs will
immediately grade the test papers and will then issue a certificate for
successful completion of an amateur radio operator examination (CSCE)
if the applicant is successful. The VEs will send all necessary
information regarding a candidate to the Volunteer-Examiner Coordinator
(VEC) coordinating the examination session. Applications filed with the
Commission by VECs must be filed electronically via ULS. All other
applications for amateur service licenses may be submitted manually to
FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245, or may be
electronically filed via ULS. Feeable requests for vanity call signs
must be filed in accordance with Sec. 0.401 of this chapter or
electronically filed via ULS.
Sec. 1.914 [Removed]
29. Section 1.914 is removed.
30. Section 1.915 is added to read as follows:
Sec. 1.915 General application requirements.
(a) General requirement. Except as provided in paragraph (b) of
this section, for all Wireless Radio Services, station licenses, as
defined in section 308(a) of the Communications Act, as amended,
operator licenses, modifications or renewals of licenses, assignments
or transfers of control of station licenses or any rights thereunder,
and waiver requests associated with any of the foregoing shall be
granted only upon an application filed pursuant to Secs. 1.913 through
1.917 of this part.
(b)(1) Exception for emergency filings. The Commission may grant
station licenses, or modifications or renewals thereof, without the
filing of a formal application in the following cases:
(i) an emergency found by the Commission to involve danger to life
or property or to be due to damage to equipment;
(ii) a national emergency proclaimed by the President or declared
by the Congress and during the continuance of any war in which the
United States is engaged, when such action is necessary for the
national defense or security or otherwise in furtherance of the war
effort; or
(iii) an emergency where the Commission finds that it would not be
feasible to secure renewal applications from existing licensees or
otherwise to follow normal licensing procedures.
(2) No such authorization shall be granted for or continue in
effect beyond the period of the emergency or war requiring it. The
procedures to be followed for emergency requests submitted under this
subparagraph are the same as for seeking special temporary authority
under Sec. 1.931 of this part. After the end of the period of
emergency, the party must submit its request by filing the appropriate
FCC form in accordance with paragraph (a) of this section.
Sec. 1.916 [Removed]
31. Section 1.916 is removed.
32. Section 1.917 is added to read as follows:
Sec. 1.917 Who may sign applications.
(a) Except as provided in paragraph (b) of this section,
applications, amendments, and related statements of fact required by
the Commission must be signed as follows (either electronically or
manually, see paragraph (d) of this section): (1) By the applicant, if
the applicant is an individual; (2) by one of the partners if the
applicant is a partnership; (3) by an officer, director, or duly
authorized employee, if the applicant is a corporation; (4) by a member
who is an officer, if the applicant is an unincorporated association;
or (5) by the trustee if the applicant is an amateur radio service
club. Applications, amendments, and related statements of fact filed on
behalf of eligible government entities such as states and territories
of the United States, their political subdivisions, the District of
Columbia, and units of local government, including unincorporated
municipalities, must be signed by a duly elected or appointed official
who is authorized to do so under the laws of the applicable
jurisdiction.
(b) Applications, amendments, and related statements of fact
required by the Commission may be signed by the applicant's attorney in
case of the applicant's physical disability or absence from the United
States, or by applicant's designated vessel master when a temporary
permit is requested for a vessel. The attorney shall, when applicable,
separately set forth the reason why the application is not signed by
the applicant. In addition, if any matter is stated on the basis of the
attorney's or master's belief only (rather than knowledge), the
attorney or master shall separately set forth the reasons for believing
that such statements are true. Only the original of applications,
amendments, and related statements of fact need be signed.
(c) Applications, amendments, and related statements of fact need
not be signed under oath. Willful false statements made therein,
however, are punishable by fine and imprisonment, 18 U.S.C. 1001, and
by appropriate administrative sanctions, including revocation of
station license pursuant to 312(a)(1) of the Communications Act of
1934, as amended.
(d) ``Signed,'' as used in this section, means, for manually filed
applications only, an original hand-written signature or, for
electronically filed applications only, an electronic signature. An
electronic signature shall consist of the name of the applicant
transmitted electronically via ULS and entered on the application as a
signature.
Sec. 1.918 [Removed]
33. Section 1.918 is removed:
34. Section 1.919 is added to read as follows:
Sec. 1.919 Ownership information.
(a) Applicants or licensees in Wireless Radio Services that are
subject to the ownership reporting requirements of Sec. 1.2112(a) of
this part shall use FCC Form 602 to provide all ownership information
required by this chapter.
(b) Any applicant or licensee that is subject to the ownership
reporting requirements of Sec. 1.2112(a) of this part shall file an FCC
Form 602, or file an updated form if the ownership
[[Page 68924]]
information on a previously filed FCC Form 602 is not current, at the
time it submits:
(1) An initial application for authorization (FCC Form 601);
(2) An application for license renewal (FCC Form 601);
(3) An application for assignment of authorization or transfer of
control (FCC Form 603); or
(4) A notification of consummation of a pro forma assignment of
authorization or transfer of control (FCC Form 603) under the
Commission's forbearance procedures (see Sec. 1.948(c ) of this part).
(c) A single FCC Form 602 may be associated with multiple
applications filed by the same applicant or licensee. If an applicant
or licensee already has a current FCC Form 602 on file when it files an
initial application, renewal application, application for assignment or
transfer of control, or notification of a pro forma assignment or
transfer, it may certify that it has a current FCC Form 602 on file.
(d) No filing fee is required to submit or update FCC Form 602.
(e) Applicants or licensees in Wireless Radio Services that are not
subject to the ownership reporting requirements of Sec. 1.2112(a) of
this part are not required to file FCC Form 602. However, such
applicants and licensees may be required by the rules applicable to
such services to disclose the real party (or parties) in interest to
the application, 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 or licensee.
Sec. 1.921 [Removed]
35. Section 1.921 is removed.
Sec. 1.922 [Removed]
36. Section 1.922 is removed.
37. Section 1.923 is revised to read as follows:
Sec. 1.923 Content of applications.
(a) General. Applications must contain all information requested on
the applicable form and any additional information required by the
rules in this chapter and any rules pertaining to the specific service
for which the application is filed.
(b) Reference to material on file. Questions on application forms
that call for specific technical data, or that can be answered yes or
no or with another short answer, must be answered on the form.
Otherwise, if documents, exhibits, or other lengthy showings already on
file with the FCC contain information required in an application, the
application may incorporate such information by reference, provided
that:
(1) The referenced information has been filed in ULS or, if
manually filed outside of ULS, the information comprises more than one
``8\1/2\ x 11'' page.
(2) The referenced information is current and accurate in all
material respects; and
(3) The application states specifically where the referenced
information can actually be found, including:
(i) The station call sign or application file number and its
location if the reference is to station files or previously filed
applications;
(ii) The title of the proceeding, the docket number, and any legal
citations, if the reference is to a docketed proceeding.
(c) Antenna locations. Applications for stations at fixed locations
must describe each transmitting antenna site by its geographical
coordinates and also by its street address, or by reference to a nearby
landmark. Geographical coordinates, referenced to NAD83, must be
specified in degrees, minutes, and seconds to the nearest second of
latitude and longitude.
(d) Antenna structure registration. Owners of certain antenna
structures must notify the Federal Aviation Administration and register
with the Commission as required by Part 17 of this chapter.
Applications proposing the use of one or more new or existing antenna
structures must contain the FCC Antenna Registration Number(s) of each
structure for which registration is required. If registration is not
required, the applicant must provide information in its application
sufficient for the Commission to verify this fact.
(e) Environmental concerns. Each applicant is required to indicate
at the time its application is filed whether or not a Commission grant
of the application may have a significant environmental effect, as
defined by Sec. 1.1307 of this chapter. If answered affirmatively, an
Environmental Assessment, required by Sec. 1.1311 of this chapter, must
be filed with the application and environmental review by the
Commission must be completed prior to construction.
(f) International coordination. Channel assignments and/or usage
under this part are subject to the applicable provisions and
requirements of treaties and other international agreements between the
United States government and the governments of Canada and Mexico.
(g) Quiet zones. Each applicant is required to comply with the
``Quiet Zone'' rule (see Sec. 1.924).
(h) Taxpayer Identification Number (TINs). Wireless applicants and
licensees, including all attributable owners of auctionable licenses as
defined by Sec. 1.2112 of this part, are required to provide their
Taxpayer Identification Numbers (TINS) (as defined in 26 U.S.C. 6109)
to the Commission, pursuant to the Debt Collection Improvement Act of
1996 (DCIA). Under the DCIA, the FCC may use an applicant or licensee's
TIN for purposes of collecting and reporting to the Department of the
Treasury any delinquent amounts arising out of such person's
relationship with the Government. The Commission will not publicly
disclose applicant or licensee TINs unless authorized by law, but will
assign a ``public identification number'' to each applicant or licensee
registering a TIN. This public identification number will be used for
agency purposes other than debt collection.
38. Section 1.924 is revised to read as follows:
Sec. 1.924 Quiet zones.
Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to
interference. The areas involved and procedures required are as
follows:
(a) NRAO, NRRO. The requirements of this paragraph are intended to
minimize possible interference at the National Radio Astronomy
Observatory site located at Green Bank, Pocahontas County, West
Virginia, and at the Naval Radio Research Observatory site at Sugar
Grove, Pendleton County, West Virginia.
(1) Applicants and licensees planning to construct and operate a
new or modified station at a permanent fixed location within the area
bounded by N 39 deg. 15' 0.4'' on the north, W 78 deg. 29' 59.0'' on
the east, N 37 deg. 30' 0.4'' on the south, and W 80 deg. 29' 59.2'' on
the west must notify the Director, National Radio Astronomy
Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in
writing, of the technical details of the proposed operation. The
notification must include the geographical coordinates of the antenna
location, the antenna height, antenna directivity (if any), the
channel, the emission type and power.
(2) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (a)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (a)(1) of this
section was
[[Page 68925]]
made. After receipt of such applications, the FCC will allow a period
of 20 days for comments or objections in response to the notifications
indicated.
(3) If an objection is received during the 20-day period from the
National Radio Astronomy Observatory for itself or on behalf of the
Naval Radio Research Observatory, the FCC will, after consideration of
the record, take whatever action is deemed appropriate.
(b) Table Mountain. The requirements of this paragraph are intended
to minimize possible interference at the Table Mountain Radio Receiving
Zone of the Research Laboratories of the Department of Commerce located
in Boulder County, Colorado.
(1) Licensees and applicants planning to construct and operate a
new or modified station at a permanent fixed location in the vicinity
of Boulder County, Colorado are advised to give consideration, prior to
filing applications, to the need to protect the Table Mountain Radio
Receiving Zone from interference. To prevent degradation of the present
ambient radio signal level at the site, the Department of Commerce
seeks to ensure that the field strengths of any radiated signals
(excluding reflected signals) received on this 1800 acre site (in the
vicinity of coordinates 40 deg.07'49.9'' North Latitude,
105 deg.14'42.0'' West Longitude) resulting from new assignments (other
than mobile stations) or from the modification or relocation of
existing facilities do not exceed the values given in the following
table:
Field Strength Limits for Table Mountain\1\
------------------------------------------------------------------------
Power
Field flux
Frequency range strength density
(mV/m) (dBW/m2)
------------------------------------------------------------------------
Below 540 kHz..................................... 10 -65.8
540 to 1600 kHz................................... 20 -59.8
1.6 to 470 MHz.................................... 10 65.8
470 to 890 MHz.................................... 30 56.2
890 and above..................................... 1 85.8
------------------------------------------------------------------------
\1\ Note: Equivalent values of power flux density are calculated
assuming free space characteristic impedance of 376.7 omega (120 ).
(2) Advance consultation is recommended, particularly for
applicants that have no reliable data to indicate whether the field
strength or power flux density figures in the above table would be
exceeded by their proposed radio facilities. In general, coordination
is recommended for:
(i) Stations located within 2.4 kilometers (1.5 miles) of the Table
Mountain Radio Receiving Zone;
(ii) Stations located within 4.8 kilometers (3 miles) transmitting
with 50 watts or more effective radiated power (ERP) in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Radio Receiving Zone;
(iii) Stations located with 16 kilometers (10 miles) transmitting
with 1 kW or more ERP in the primary plane of polarization in the
azimuthal direction of Table Mountain Radio Receiving Zone;
(iv) Stations located within 80 kilometers (50 miles) transmitting
with 25 kW or more ERP in the primary plane of polarization in the
azimuthal direction of Table Mountain Receiving Zone.
(3) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303;
telephone (303) 497-6548, in advance of filing their applications with
the FCC.
(4) The FCC will not screen applications to determine whether
advance consultation has taken place. However, such consultation may
avoid the filing of objections from the Department of Commerce or
institution of proceedings to modify the authorizations of stations
that radiate signals with a field strength or power flux density at the
site in excess of those specified herein.
(c) Federal Communications Commission protected field offices. The
requirements of this paragraph are intended to minimize possible
interference to FCC monitoring activities.
(1) Licensees and applicants planning to construct and operate a
new or modified station at a permanent fixed location in the vicinity
of an FCC protected field office are advised to give consideration,
prior to filing applications, to the need to avoid interfering with the
monitoring activities of that office. FCC protected field offices are
listed in Sec. 0.121 of this chapter.
(2) Applications for stations (except mobile stations) that could
produce on any channel a direct wave fundamental field strength of
greater than 10 mV/m (-65.8 dBW/m\2\ power flux density assuming a free
space characteristic impedance of 120 ) in the
authorized bandwidth at the protected field office may be examined to
determine the potential for interference with monitoring activities.
After consideration of the effects of the predicted field strength of
the proposed station, including the cumulative effects of the signal
from the proposed station with other ambient radio field strength
levels at the protected field office, the FCC may add a condition
restricting radiation toward the protected field office to the station
authorization.
(3) In the event that the calculated field strength exceeds 10 mV/m
at the protected field office site, or if there is any question whether
field strength levels might exceed that level, advance consultation
with the FCC to discuss possible measures to avoid interference to
monitoring activities should be considered. Prospective applicants may
communicate with: Chief, Compliance and Information Bureau, Federal
Communications Commission, Washington, DC 20554.
(4) Advance consultation is recommended for applicants that have no
reliable data to indicate whether the field strength or power flux
density figure indicated would be exceeded by their proposed radio
facilities. In general, coordination is recommended for:
(i) Stations located within 2.4 kilometers (1.5 miles) of the
protected field office;
(ii) Stations located within 4.8 kilometers (3 miles) with 50 watts
or more average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the protected field offices.
(iii) Stations located within 16 kilometers (10 miles) with 1 kw or
more average ERP in the primary plane of polarization in the azimuthal
direction of the protected field office;
(iv) Stations located within 80 kilometers (50 miles) with 25 kw or
more average ERP in the primary plane of polarization in the azimuthal
direction of the protected field office;
(v) Advance coordination for stations transmitting on channels
above 1000 MHz is recommended only if the proposed station is in the
vicinity of a protected field office designated as a satellite
monitoring facility in Sec. 0.121 of this chapter.
(vi) The FCC will not screen applications to determine whether
advance consultation has taken place. However, such consultation may
serve to avoid the need for later modification of the authorizations of
stations that interfere with monitoring activities at protected field
offices.
(d) Notification to the Arecibo Observatory. The requirements in
this section are intended to minimize possible interference at the
Arecibo Observatory in Puerto Rico. Licensees must make reasonable
efforts to protect the Observatory from interference. Licensees
planning to construct and
[[Page 68926]]
operate a new station at a permanent fixed location on the islands of
Puerto Rico, Desecheo, Mona, Vieques or Culebra in services in which
individual station licenses are issued by the FCC; planning to
construct and operate a new station at a permanent fixed location on
these islands that may cause interference to the operations of the
Arecibo Observatory in services in which individual station licenses
are not issued by the FCC; or planning a modification of any existing
station at a permanent fixed location on these islands that would
increase the likelihood of causing interference to the operations of
the Arecibo Observatory must notify the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically (e-mail address: [email protected]), of the
technical parameters of the planned operation. Carriers may wish to use
the interference guidelines provided by Cornell University as guidance
in designing facilities to avoid interference to the Observatory. The
notification must include identification of the geographical
coordinates of the antenna location (NAD-83 datum), the antenna height,
antenna directivity (if any), proposed channel and FCC Rule Part, type
of emission, and effective isotropic radiated power.
(1) In the Amateur radio service:
(i) The provisions of paragraph (d) of this section do not apply to
repeaters that transmit on the 1.2 cm or shorter wavelength bands; and
(ii) The coordination provision of paragraph (d) of this section
does not apply to repeaters that are located 16 km or more from the
Arecibo observatory.
(2) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (d) of this section
should be sent the same time the application is filed with the FCC, and
at least 20 days in advance of the applicant's planned operation. The
application must state the date that notification in accordance with
paragraph (d) of this section was made. In services in which individual
station licenses are not issued by the FCC, the notification required
in paragraph (d) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification by an
applicant within 20 days if the Office plans to file comments or
objections to the notification. After the FCC receives an application
from a service applicant or is informed by the Interference Office of a
notification from a service applicant, the FCC will allow the
Interference Office a period of 20 days for comments or objections in
response to the application or notification.
(3) If an objection to any planned service operation is received
during the 20-day period from the Interference Office, the FCC will
take whatever action is deemed appropriate.
(e) Government satellite earth stations. (1) To minimize or avoid
harmful interference to Government Satellite Earth Stations located in
the Denver, Colorado and Washington, DC areas, any application for a
new station license to operate in the 17.8-19.7 GHz band (except for
low power operations governed by Sec. 101.147(r)(10) of this chapter),
or for modification of an existing station license in this band which
would change the frequency, power, emission, modulation, polarization,
antenna height or directivity, or location of such a station, must be
coordinated with the Federal Government by the Commission before an
authorization will be issued, if the station or proposed station is
located in whole or in part within any of the areas defined by the
following rectangles or circles:
Denver, CO Area
Rectangle 1:
1 deg.30'00'' N. Lat. on the north
103 deg.10'00'' W. Long. on the east
38 deg.30'00'' N. Lat. on the south
106 deg.30'00'' W. Long. on the west
Rectangle 2:
38 deg.30'00'' N. Lat. on the north
105 deg.00'00'' W. Long. on the east
37 deg.30'00'' N. Lat. on the south
105 deg.50'00'' W. Long. on the west
Rectangle 3:
40 deg.08'00'' N. Lat. on the north
107 deg.00'00'' W. Long. on the east
39 deg.56'00'' N. Lat. on the south
107 deg.15'00'' W. Long. on the west
Washington, DC Area
Rectangle
38 deg.40'00'' N. Lat. on the north
78 deg.50'00'' W. Long. on the east
38 deg.10'00'' N. Lat. on the south
79 deg.20'00'' W. Long. on the west; or
(2) Within a radius of 178 km of 38 deg.48'00'' N. Lat./
78 deg.52'00'' W. Long.
(3) In addition, no application seeking authority to operate in the
17.8-19.7 GHz band will be accepted for filing if the proposed station
is located within 20 km (or within 55 km if the application is for an
outdoor low power operation pursuant to Sec. 101.147(r)(10) of this
chapter) of the following coordinated:
Denver, CO area: 39 deg.43'00'' N. Lat./104 deg.46'00'' W. Long.
Washington, DC area: 38 deg.48'00'' N. Lat./76 deg.52'00'' W. Long.
(f) 420-450 MHz band. (1) In the band 420-450 MHz, applicants
should not expect to be accommodated if their area of service is within
160 kilometers (100 miles) of the following locations:
(i) 45 deg.45'00.2'' N., 70 deg.31'58.3'' W.,
(ii) 64 deg.17'00.0 N., 149 deg.10'00.0 W.,
(iii) 48 deg.43'00.0'' N., 97 deg.54'01.4'' W.;
Note: Paragraph(f)(ii) is referenced to NAD27.
(2) within 200 kilometers (124 miles) of the following locations:
(i) 32 deg.38'00.5'' N., 83 deg.34' 59.7'' W.,
(ii) 31 deg.25' 00.6'' N., 100 deg.24'01.3'' W.;
(3) within 240 kilometers (150 miles) of the following location:
(i) 39 deg.07'59.6'' N., 121 deg.26'03.9'' W.;
(4) within 320 kilometers (200 miles) of the following locations:
(i) 28 deg.21'01.0'' N., 80 deg.42'59.2'' W.,
(ii) 30 deg.30'00.7'' N., 86 deg.29'59.8'' W.,
(iii) 43 deg.08'59.6'' N., 119 deg.11'03.8'' W.;
(5) or in the following locations:
(i) The state of Arizona,
(ii) The state of Florida,
(iii) Portions of California and Nevada south of 37 deg.10' N.,
(iv) And portions of Texas and New Mexico bounded by 31 deg.45' N.,
34 deg. 30' N., 104 deg.00' W., and 107 deg. 30' W.
Note to Sec. 1.924: Unless otherwise noted, all coordinates
cited in this section are specified in terms of the North American
Datum of 1983 (NAD 83).
39. Section 1.925 is revised to read as follows:
Sec. 1.925 Waivers.
(a) Waiver requests generally. The Commission may waive specific
requirements of the rules on its own motion or upon request. The fees
for such waiver requests are set forth in Sec. 1.1102 of this part.
(b) Procedure and format for filing waiver requests. (1) Requests
for waiver of rules associated with licenses or applications in the
Wireless Radio Services must be filed on FCC Form 601, 603, or 605.
(2) Requests for waiver must contain a complete explanation as to
why the waiver is desired. If the information necessary to support a
waiver request is already on file, the applicant may cross-reference
the specific filing where the information may be found.
(3) The Commission may grant a request for waiver if it is shown
that:
(i) The underlying purpose of the rule(s) would not be served or
would be frustrated by application to the instant case, and that a
grant of the requested waiver would be in the public interest; or
(ii) In view of unique or unusual factual circumstances of the
instant case, application of the rule(s) would be
[[Page 68927]]
inequitable, unduly burdensome or contrary to the public interest, or
the applicant has no reasonable alternative.
(4) Applicants requiring expedited processing of their request for
waiver shall clearly caption their request for waiver with the words
``WAIVER--EXPEDITED ACTION REQUESTED.''
(c) Action on Waiver Requests.
(i) The Commission, in its discretion, may give public notice of
the filing of a waiver request and seek comment from the public or
affected parties.
(ii) Denial of a rule waiver request associated with an application
renders that application defective unless it contains an alternative
proposal that fully complies with the rules, in which event, the
application will be processed using the alternative proposal as if the
waiver had not been requested. Applications rendered defective may be
dismissed without prejudice.
40. Section 1.926 is revised to read as follows:
Sec. 1.926 Application processing; initial procedures.
Applications are assigned file numbers and service codes in order
to facilitate processing. Assignment of a file number to an application
is for administrative convenience and does not constitute a
determination that the application is acceptable for filing. Purpose
and service codes appear on the Commission forms.
41. Sections 1.927 and 1.929 are added to read as follows:
Sec. 1.927 Amendment of applications.
(a) Pending applications may be amended as a matter of right if
they have not been designated for hearing or listed in a Public Notice
as accepted for filing, except as provided in paragraphs (b) through
(e) of this section. Applicants may be required by service-specific
rules to obtain a new frequency coordination to amend technical
parameters on applications.
(b) Applicants for an initial license in auctionable services may
amend such applications only in accordance with Subpart Q of this part.
(c) Amendments to non-auction applications that are applied for
under Part 101 or that resolve mutual exclusivity may be filed at any
time, subject to the requirements of Sec. 1.945 of this part.
(d) Any amendment to an application for modification must be
consistent with, and must not conflict with, any other application for
modification regarding that same station.
(e) Amendments to applications designated for hearing may be
allowed by the presiding officer or, when a proceeding is stayed or
otherwise pending before the full Commission, may be allowed by the
Commission for good cause shown. In such instances, a written petition
demonstrating good cause must be submitted and served upon the parties
of record.
(f) Amendments to applications are also subject to the service-
specific rules in applicable parts of this chapter.
(g) Where an amendment to an application specifies a substantial
change in beneficial ownership or control (de jure or de facto) of an
applicant, the applicant must provide an exhibit with the amendment
application containing an affirmative, factual showing as set forth in
Sec. 1.948(h)(2).
(h) Where an amendment to an application constitutes a major
change, as defined in Sec. 1.929, the amendment shall be treated as a
new application for determination of filing date, public notice, and
petition to deny purposes.
(i) If a petition to deny or other informal objection has been
filed, a copy of any amendment (or other filing) must be served on the
petitioner. If the FCC has issued a public notice stating that the
application appears to be mutually exclusive with another application
(or applications), a copy of any amendment (or other filing) must be
served on any such mutually exclusive applicant (or applicants).
Sec. 1.929 Classification of filings as major or minor.
Applications and amendments to applications for stations in the
wireless radio services are classified as major or minor ( see
Sec. 1.947). Categories of major and minor filings are listed in
Sec. 309 of the Communications Act of 1934.
(a) For all stations in all Wireless Radio Services, whether
licensed geographically or on a site-specific basis, the following
actions are classified as major:
(1) Application for initial authorization;
(2) Any substantial change in ownership or control, including
requests for partitioning and disaggregation;
(3) Application for renewal of authorization;
(4) Application or amendment requesting authorization for a
facility that would have a significant environmental effect, as defined
by Secs. 1.1301 through 1.1319 of the rules;
(5) Application or amendment requiring frequency coordination
pursuant to the Commission's rules or international treaty or
agreement;
(6) Application or amendment requesting to add a frequency or
frequency block for which the applicant is not currently authorized,
excluding removing a frequency.
(b) In the Cellular Radiotelephone Service:
(1) Request an authorization or an amendment to a pending
application that would expand the cellular geographic service area
(COSA) of an existing cellular system or, in the case of an amendment,
as previously proposed in an application, except during the applicable
five-year build-out period, if any;
(2) Request that a COSA boundary or portion of a COSA boundary be
determined using an alternative method; or,
(3) Request an authorization for facilities that would produce a de
minimis service area boundary extension into unserved area in an
adjacent market.
(c) In addition to those changes listed in subparagraph (a) above,
the following are major changes applicable to stations licensed to
provide base-to-mobile, mobile-to-base, mobile-to-mobile on a site-
specific basis:
(1) In the Paging and Radiotelephone Service, Rural Radiotelephone
Service and 800 MHz Specialized Mobile Radio Service (SMR), any change
that would increase or expand the applicant's existing composite
interference contour.
(2) In the 900 MHz SMR and 220 MHz Service, any change that would
increase or expand the applicant's service area as defined in the rule
parts governing the particular radio service.
(3) In the Paging and Radiotelephone Service, Rural Radiotelephone
Service, Offshore Radiotelephone Service, and Specialized Mobile Radio
Service:
(i) Request an authorization or an amendment to a pending
application that would establish for the filer a new fixed transmission
path;
(ii) Request an authorization or an amendment to a pending
application for a fixed station (i.e., control, repeater, central
office, rural subscriber, or inter-office station) that would increase
the effective radiated power, antenna height above average terrain in
any azimuth, or relocate an existing transmitter;
(4) In the Private Land Mobile Radio Services (PLMRS):
(i) Change in frequency;
(ii) Change in the type of emission;
(iii) Change in effective radiated power from that authorized;
(iv) Change in antenna height from that authorized;
(v) Change in the authorized location or number of base stations,
fixed, control or, for systems operating on non-exclusive assignments
in the 470-512 MHz, 800 MHz or 900 MHz bands, a
[[Page 68928]]
change in the number of mobile transmitters, or a change in the area of
mobile operations from that authorized;
(vi) Change in the class of a land station, including changing from
multiple licensed to cooperative use, and from shared to unshared use.
(d) In addition to those filings listed in paragraph (a) of this
section, the following are major actions that apply to stations
licensed to provide fixed point-to-point, point-to-multipoint, or
multipoint-to-point, communications on a site-specific basis, or fixed
or mobile communications on an area-specific basis under part 101 of
this chapter:
(1) Any change in transmit antenna location by more than 5 seconds
in latitude or longitude for fixed point-to-point facilities (e.g., a 5
second change in latitude, longitude, or both would be minor); any
change in coordinates of the center of operation or increase in radius
of a circular area of operation, or any expansion in any direction in
the latitude or longitude limits of a rectangular area of operation, or
any change in any other kind of area operation;
(2) Any increase in frequency tolerance;
(3) Any increase in bandwidth;
(4) Any change in emission type;
(5) Any increase in EIRP greater than 3 dB;
(6) Any increase in transmit antenna height (above mean sea level)
more than 3 meters;
(7) Any increase in transmit antenna beamwidth;
(8) Any change in transmit antenna polarization;
(9) Any change in transmit antenna azimuth greater than 1 degree;
or,
(10) Any change which together with all minor modifications or
amendments since the last major modification or amendment produces a
cumulative effect exceeding any of the above major criteria.
(e) In addition to those filings listed in paragraph (a) of this
section, the following are major actions that apply to stations
licensed to provide service in the Air-ground Radiotelephone Service:
(1) Request an authorization to relocate an existing General
Aviation ground station; or,
(2) Request the first authorization for a new Commercial Aviation
ground station at a location other than those listed in Sec. 22.859 of
this chapter.
(f) In addition to those changes listed in paragraph (a), the
following are major changes that apply to stations licensed in the
industrial radiopositioning stations for which frequencies are assigned
on an exclusive basis, Maritime and Aviation services, except Maritime
Public Coast VHF (CMRS), Ship and Aircraft stations:
(1) Any change in antenna azimuth;
(2) Any change in beamwidth;
(3) Any change in antenna location;
(4) Any change in emission type;
(5) Any increase in antenna height;
(6) Any increase in authorized power;
(7) Any increase in emission bandwidth.
(g) In addition to those changes listed in paragraph (a), any
change requiring international coordination in the Maritime Public
Coast VHF (CMRS) Service is major.
(h) In addition to those changes listed in paragraph (a) of this
section, the following are major changes that apply to ship stations:
(1) Any request for additional equipment;
(2) A change in ship category;
(3) A request for assignment of a Maritime Mobile Service Identity
(MMSI) number; or
(4) A request to increase the number of ships on an existing fleet
license.
(i) In addition to those changes listed in paragraph (a) of this
section, the following are major changes that apply to aircraft
stations:
(1) A request to increase the number of aircraft on an existing
fleet license; or
(2) A request to change the type of aircraft (private or air
carrier).
(j) In addition to those changes listed in paragraph (a) of this
section, the following are major changes that apply to amateur
licenses:
(1) An upgrade of an existing license; or
(2) A change of call sign.
(k) Any change not specifically listed above as major is considered
minor (see Sec. 1.947(b). This includes but is not limited to:
(1) Any pro forma assignment or transfer of control;
(2) Any name change not involving change in ownership or control of
the license;
(3) Any address and/or telephone number changes;
(4) Any changes in contact person;
(5) Any change to vessel name on a ship station license;
(6) Any change to a site-specific license, except a PLMRS license
under part 90, or a license under part 101, where the licensee's
interference contours are not extended and co-channel separation
criteria are met, except those modifications defined in paragraph
(c)(2) of this section; or
(7) Any conversion of multiple site-specific licenses into a single
wide-area license, except a PLMRS license under part 90 or a license
under part 101 of this chapter, where there is no change in the
licensee's composite interference contour or service area as defined in
paragraph (c)(2) of this section.
42. Section 1.931 is revised to read as follows:
Sec. 1.931 Application for special temporary authority.
(a) Wireless Telecommunications Services. (1) In circumstances
requiring immediate or temporary use of station in the Wireless
Telecommunications Services, carriers may request special temporary
authority (STA) to operate new or modified equipment. Such requests
must be filed electronically using FCC Form 601 and must contain
complete details about the proposed operation and the circumstances
that fully justify and necessitate the grant of STA. Such requests
should be filed in time to be received by the Commission at least 10
days prior to the date of proposed operation or, where an extension is
sought, 10 days prior to the expiration date of the existing STA.
Requests received less than 10 days prior to the desired date of
operation may be given expedited consideration only if compelling
reasons are given for the delay in submitting the request. Otherwise,
such late-filed requests are considered in turn, but action might not
be taken prior to the desired date of operation. Requests for STA must
be accompanied by the proper filing fee.
(2) Grant without Public Notice. STA may be granted without being
listed in a Public Notice, or prior to 30 days after such listing, if:
(i) The STA is to be valid for 30 days or less and the applicant
does not plan to file an application for regular authorization of the
subject operation;
(ii) The STA is to be valid for 60 days or less, pending the filing
of an application for regular authorization of the subject operation;
(iii) The STA is to allow interim operation to facilitate
completion of authorized construction or to provide substantially the
same service as previously authorized; or
(iv) The STA is made upon a finding that there are extraordinary
circumstances requiring operation in the public interest and that delay
in the institution of such service would seriously prejudice the public
interest.
(3) Limit on STA term. The Commission may grant STA for a period
not to exceed 180 days under the provisions of section 309(f) of the
Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if
extraordinary circumstances so require, and pending the filing of an
application for regular operation. The Commission may grant extensions
of STA for a
[[Page 68929]]
period of 180 days, but the applicant must show that extraordinary
circumstances warrant such an extension.
(b) Private Wireless Services. (1) A licensee of, or an applicant
for, a station in the Private Wireless Services may request STA not to
exceed 180 days for (A) operation of a new station or (B) operation of
a licensed station in a manner which is beyond the scope of that
authorized by the existing license. See Secs. 1.962(b)(5) and (f).
Where the applicant, seeking a waiver of the 180 day limit, requests
STA to operate as a private mobile radio service provider for a period
exceeding 180 days, evidence of frequency coordination is required.
Requests for shorter periods do not require coordination and, if
granted, will be authorized on a secondary, non-interference basis.
(2) STA may be granted 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 nature of the circumstance which, in the opinion of the
applicant justifies issuance of STA, must be fully described in the
request. Applications for STA must be filed at least 10 days prior to
the proposed operation. Applications filed less than 10 days prior to
the proposed operation date will be accepted only upon a showing of
good cause.
(4) The Commission may grant extensions of STA for a period of 180
days, but the applicant must show that extraordinary circumstances
warrant such an extension.
(5) In special situations defined in Sec. 1.915(b)(1), a request
for STA may be made by telephone or telegraph provided a properly
signed application is filed within 10 days of such request.
(6) An applicant for an Aircraft Radio Station License may operate
the radio station pending issuance of an Aircraft Radio Station License
by the Commission for a period of 90 days under temporary operating
authority, evidenced by a properly executed certification made on FCC
Form 605.
(7) Unless the Commission otherwise prescribes, a person who has
been granted an operator license of Novice, Technician, Technician
Plus, General, or Advanced class and who has properly submitted to the
administering VEs an application document for an operator license of a
higher class, and who holds a CSCE indicating that he/she has completed
the necessary examinations within the previous 365 days, is authorized
to exercise the rights and privileges of the higher operator class
until final disposition of the application or until 365 days following
the passing of the examination, whichever comes first.
(8) An applicant for a Ship Radio station license may operate the
radio station pending issuance of the ship station authorization by the
Commission for a period of 90 days, under a temporary operating
authority, evidenced by a properly executed certification made on FCC
Form 605.
(9) An applicant for a station license in the Industrial/Business
pool (other than an applicant who seeks to provide commercial mobile
radio service as defined in Part 20 of this chapter) utilizing an
already authorized facility may operate the station for a period of 180
days, under a temporary permit, evidenced by a properly executed
certification made on FCC Form 601, after filing an application for a
station license together with evidence of frequency coordination, if
required, with the Commission. The temporary operation of stations,
other than mobile stations, within the Canadian coordination zone will
be limited to stations with a maximum of 5 watts effective radiated
power and a maximum antenna height of 20 feet (6.1 meters) above
average terrain.
(10) An applicant for a radio station license under Part 90,
Subpart S, of this chapter (other than an applicant who seeks to
provide commercial mobile radio service as defined in part 20 of this
chapter) to utilize an already existing Specialized Mobile Radio System
(SMR) facility or to utilize an already licensed transmitter may
operate the radio station for a period of up to 180 days, under a
temporary permit. Such request must be evidenced by a properly executed
certification of FCC Form 601 after the filing of an application for
station license, provided that the antenna employed by the control
station is a maximum of 20 feet (6.1 meters) above a man-made structure
(other than an antenna tower) to which it is affixed.
(11) An applicant for an itinerant station license, an applicant
for a new private land mobile radio station license in the frequency
bands below 470 MHz and in the one-way paging 929-930 MHz band (other
than a commercial mobile radio service applicant or licensee on these
bands) or an applicant seeking to modify or acquire through assignment
or transfer an existing station below 470 MHz or in the one-way paging
929-930 MHz band may operate the proposed station during the pendency
of its application for a period of up to 180 days under a conditional
permit. Conditional operations may commence upon the filing of a
properly completed application that complies with Sec. 90.127 if the
application, when frequency coordination is required, is accompanied by
evidence of frequency coordination in accordance with Sec. 90.175 of
this chapter. Operation under such a permit is evidenced by the
properly executed Form 601 with certifications that satisfy the
requirements of Sec. 90.159(b).
(12) An applicant for a General Mobile Radio Service system
license, sharing a multiple-licensed or cooperative shared base station
used as a mobile relay station, may operate the system for a period of
180 days, under a Temporary Permit, evidenced by a properly executed
certification made on FCC Form 605.
43. Section 1.933 is revised to read as follows:
Sec. 1.933 Public notices.
(a) Generally. Periodically, the Commission issues Public Notices
in the Wireless Radio Services listing information of public
significance. Categories of Public Notice listings are as follows:
(1) Accepted for filing. Acceptance for filing of applications and
major amendments thereto.
(2) Actions. Commission actions on pending applications previously
listed as accepted for filing.
(3) Environmental considerations. Special environmental
considerations as required by Part 1 of this chapter.
(4) Informative listings. Information that the Commission, in its
discretion, believes to be of public significance. Such listings do not
create any rights to file petitions to deny or other pleadings.
(b) Accepted for filing public notices. The Commission will issue
at regular intervals public notices listing applications that have been
received by the Commission in a condition acceptable for filing, or
which have been returned to an applicant for correction. Any
application that has been listed in a public notice as acceptable for
filing and is (1) subject to a major amendment, or (2) has been
returned as defective or incomplete and resubmitted to the
[[Page 68930]]
Commission, shall be listed in a subsequent public notice. Acceptance
for filing shall not preclude the subsequent dismissal of an
application as defective.
(c) Public notice prior to grant. Applications for authorizations,
major modifications, major amendments to applications, and substantial
assignment or transfer applications for the following categories of
stations and services shall be placed on Public Notice as accepted for
filing prior to grant:
(1) Wireless Telecommunications Services.
(2) Industrial radiopositioning stations for which frequencies are
assigned on an exclusive basis.
(3) Aeronautical enroute stations.
(4) Aeronautical advisory stations.
(5) Airport control tower stations.
(6) Aeronautical fixed stations.
(7) Alaska public fixed stations.
(d) No public notice prior to grant. The following types of
applications, notices, and other filings need not be placed on Public
Notice as accepted for filing prior to grant:
(1) Applications or notifications concerning minor modifications to
authorizations or minor amendments to applications.
(2) Applications or notifications concerning non-substantial (pro
forma) assignments and transfers.
(3) Consent to an involuntary assignment or transfer under section
310(b) of the Communications Act.
(4) Applications for licenses under section 319(c) of the
Communications Act.
(5) Requests for extensions of time to complete construction of
authorized facilities.
(6) Requests for special temporary authorization not to exceed 30
days where the applicant does not contemplate the filing of an
application for regular operation, or not to exceed 60 days pending or
after the filing of an application for regular operation.
(7) Requests for emergency authorizations under section 308(a) of
the Communications Act.
(8) Any application for temporary authorization under section
101.31(a) of this chapter.
(9) Any application for authorization in the Private Wireless
Services.
44. Section 1.934 is revised to read as follows:
Sec. 1.934 Defective applications and dismissal.
(a) Dismissal of applications. The Commission may dismiss any
application in the Wireless Radio Services at the request of the
applicant; if the application is mutually exclusive with another
application that is selected or granted in accordance with the rules in
this part; for failure to prosecute or if the application is found to
be defective; if the requested spectrum is not available; or if the
application is untimely filed. Such dismissal may be ``without
prejudice,'' meaning that the Commission may accept from the applicant
another application for the same purpose at a later time, provided that
the application is otherwise timely. Dismissal ``with prejudice'' means
that the Commission will not accept another application from the
applicant for the same purpose for a period of one year. Unless
otherwise provided in this part, a dismissed application will not be
returned to the applicant.
(1) Dismissal at request of applicant. Any applicant may request
that its application be withdrawn or dismissed. A request for the
withdrawal of an application after it has been listed on Public Notice
as tentatively accepted for filing is considered to be a request for
dismissal of that application without prejudice.
(i) If the applicant requests dismissal of its application with
prejudice, the Commission will dismiss that application with prejudice.
(ii) If the applicant requests dismissal of its application without
prejudice, the Commission will dismiss that application without
prejudice, unless:
(A) It has been designated for comparative hearing; or
(B) It is an application for which the applicant submitted the
winning bid in a competitive bidding process.
(2) If an applicant who is a winning bidder for a license in a
competitive bidding process requests dismissal of its short-form or
long-form application, the Commission will dismiss that application
with prejudice. The applicant will also be subject to default payments
under Subpart Q of this part.
(3) An applicant who requests dismissal of its application after
that application has been designated for comparative hearing may submit
a written petition requesting that the dismissal be without prejudice.
Such petition must demonstrate good cause and be served upon all
parties of record. The Commission may grant such petition and dismiss
the application without prejudice or deny the petition and dismiss the
application with prejudice.
(b) Dismissal of mutually exclusive applications not granted. The
Commission may dismiss mutually exclusive applications:
(1) For which the applicant did not submit the winning bid in a
competitive bidding process; or
(2) That receive comparative consideration in a hearing but are not
granted by order of the presiding officer.
(c) Dismissal for failure to prosecute. The Commission may dismiss
applications for failure of the applicant to prosecute or for failure
of the applicant to respond substantially within a specified time
period to official correspondence or requests for additional
information. Such dismissal will generally be without prejudice if the
failure to prosecute or respond occurred prior to designation of the
application for comparative hearing, but may be with prejudice in cases
of non-compliance with Sec. 1.945 of this part. Dismissal will
generally be with prejudice if the failure to prosecute or respond
occurred after designation of the application for comparative hearing.
The Commission may dismiss applications with prejudice for failure of
the applicant to comply with requirements related to a competitive
bidding process.
(d) Dismissal as defective. The Commission may dismiss without
prejudice an application that it finds to be defective. An application
is defective if:
(1) It is unsigned or incomplete with respect to required answers
to questions, informational showings, or other matters of a formal
character;
(2) It requests an authorization that would not comply with one or
more of the Commission's rules and does not contain a request for
waiver of these rule(s), or in the event the Commission denies such a
waiver request, does not contain an alternative proposal that fully
complies with the rules; or
(3) The appropriate filing fee has not been paid.
(e) Dismissal because spectrum not available. The Commission may
dismiss applications that request spectrum which is unavailable
because:
(1) It is not allocated for assignment in the specific service
requested;
(2) It was previously assigned to another licensee on an exclusive
basis or cannot be assigned to the applicant without causing harmful
interference; or
(3) Reasonable efforts have been made to coordinate the proposed
facility with foreign administrations under applicable international
agreements, and an unfavorable response (harmful interference
anticipated) has been received.
(f) Dismissal as untimely. The Commission may dismiss without
prejudice applications that are premature or late filed, including
applications filed prior to the opening date or after the closing date
of a filing window, or after the cut-off date for a
[[Page 68931]]
mutually exclusive application filing group.
45. Sections 1.935, 1.937, 1.939, 1.945, 1.946, 1.947, 1.948, 1.949
are added to read as follows:
Sec. 1.935 Agreements to dismiss applications, amendments or
pleadings.
Parties that have filed applications that are mutually exclusive
with one or more other applications, and then enter into an agreement
to resolve the mutual exclusivity by withdrawing or requesting
dismissal of the application(s), specific frequencies on the
application or an amendment thereto, must obtain the approval of the
Commission. Parties that have filed or threatened to file a petition to
deny, informal objection or other pleading against an application and
then seek to withdraw or request dismissal of, or refrain from filing,
the petition, either unilaterally or in exchange for a financial
consideration, must obtain the approval of the Commission.
(a) The party withdrawing or requesting dismissal of its
application (or specific frequencies on the application), petition to
deny, informal objection or other pleading or refraining from filing a
pleading must submit to the Commission a request for approval of the
withdrawal or dismissal, a copy of any written agreement related to the
withdrawal or dismissal, and an affidavit setting forth:
(1) A certification that neither the party nor its principals has
received or will receive any money or other consideration in excess of
the legitimate and prudent expenses incurred in preparing and
prosecuting the application, petition to deny, informal objection or
other pleading in exchange for the withdrawal or dismissal of the
application, petition to deny, informal objection or other pleading, or
threat to file a pleading, except that this provision does not apply to
dismissal or withdrawal of applications pursuant to bona fide merger
agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading, or threat to file a pleading.
(b) In addition, within 5 days of the filing date of the
applicant's or petitioner's request for approval, each remaining party
to any written or oral agreement must submit an affidavit setting
forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application, petition to deny, informal
objection or other pleading; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading.
(c) No person shall make or receive any payments in exchange for
withdrawing a threat to file or refraining from filing a petition to
deny, informal objection, or any other pleading against an application.
For the purposes of this section, reimbursement by an applicant of the
legitimate and prudent expenses of a potential petitioner or objector,
incurred reasonably and directly in preparing to file a petition to
deny, will not be considered to be payment for refraining from filing a
petition to deny or an informal objection. Payments made directly to a
potential petitioner or objector, or a person related to a potential
petitioner or objector, to implement non-financial promises are
prohibited unless specifically approved by the Commission.
(d) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual; a partner having personal knowledge
of the facts, if a partnership; or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Each application, petition to deny, informal objection or other
pleading is deemed to be pending before the Commission from the time
the petition to deny is filed with the Commission until such time as an
order or correspondence of the Commission granting, denying or
dismissing it is no longer subject to reconsideration by the Commission
or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing,
prosecuting and/or settling its application, petition to deny, informal
objection or other pleading for which reimbursement is sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions
that confer any type of benefit on the recipient.
(e) Notwithstanding the provisions of this section, any payments
made or received in exchange for withdrawing a short-form application
for a Commission authorization awarded through competitive bidding
shall be subject to the restrictions set forth in Sec. 1.2105(c) of
this chapter.
Sec. 1.937 Repetitious or conflicting applications.
(a) Where the Commission has, for any reason, dismissed an
application for a new station or for any modification of services or
facilities with prejudice, or revoked the license for a radio station
in the Wireless Radio Services, the Commission will not consider a like
or new application involving service of the same kind to substantially
the same area by substantially the same applicant, its 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
final Commission action.
(b) If an applicant has been afforded an opportunity for a hearing
with respect to an application for a new station or an enlargement of
service area, and the Commission has, after hearing or default, denied
the application or dismissed it with prejudice, the Commission will not
consider a like application for service of the same type to the same
area by that applicant, or by its successor or assignee, or on behalf
of or for the benefit of the parties in interest to the original
application, until after the lapse of 12 months from the effective date
of final Commission action on the original application.
(c) If an appeal has been taken from the action of the Commission
denying a particular application, a like application for service of the
same type to the same area, in whole or in part, filed by that
applicant or by its successor or assignee, or on behalf or for the
benefit of the parties in interest to the original application, will
not be considered until the final disposition of such appeal.
(d) While an application is pending, any subsequent inconsistent or
conflicting application submitted by, on behalf of, or for the benefit
of the same applicant, its successor or assignee will not be accepted
for filing.
Sec. 1.939 Petitions to deny.
(a) Who may file. Any party in interest may file with the
Commission a petition to deny any application listed in a Public Notice
as accepted for filing, whether as filed originally or upon major
amendment as defined in Sec. 1.929 of this part.
(1) For auctionable license applications, petitions to deny and
related pleadings are governed by the procedures set forth in
Sec. 1.2108 of this part.
[[Page 68932]]
(2) Petitions to deny for non-auctionable applications that are
subject to petitions under Sec. 309(d) of the Communications Act must
comply with the provisions of this section and must be filed no later
than 30 days after the date of the Public Notice listing the
application or major amendment to the application as accepted for
filing.
(b) Filing of petitions. Petitions to deny and related pleadings
may be filed electronically via ULS. Manually filed petitions to deny
must be filed with the Office of the Secretary, 1919 M Street, NW.,
Washington, DC 20554. Attachments to manually filed applications may be
filed on a standard 31/4'' magnetic diskette formatted to be readable
by high density floppy drives operating under MS-DOS (version 3.X or
later compatible versions). Each diskette submitted must contain an
ASCII text file listing each filename and a brief description of the
contents of each file on the diskette. The files on the diskette, other
than the table of contents, should be in Adobe Acrobat Portable
Document Format (PDF) whenever possible. Petitions to deny and related
pleadings must reference the file number of the pending application
that is the subject of the petition.
(c) Service. A petitioner shall serve a copy of its petition to
deny on the applicant and on all other interested parties pursuant to
Sec. 1.47. Oppositions and replies shall be served on the petitioner
and all other interested parties.
(d) Content. A petition to deny must contain specific allegations
of fact sufficient to make a prima facie showing that the petitioner is
a party in interest and that a grant of the application would be
inconsistent with the public interest, convenience and necessity. Such
allegations of fact, except for those of which official notice may be
taken, shall be supported by affidavit of a person or persons with
personal knowledge thereof.
(e) Petitions to deny amended applications. Petitions to deny a
major amendment to an application may raise only matters directly
related to the major amendment that could not have been raised in
connection with the application as originally filed. This paragraph
does not apply to petitioners who gain standing because of the major
amendment.
(f) Oppositions and replies. The applicant and any other interested
party 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, except for those of which official notice may be taken, shall
be supported by affidavit of a person or persons with personal
knowledge thereof. Time for filing of oppositions and replies is
governed by Sec. 1.45 of this part for non-auctionable services and
Sec. 1.2108 of this part for auctionable services.
(g) Dismissal of petition. The Commission may dismiss any petition
to deny that does not comply with the requirements of this section if
the issues raised become moot, or if the petitioner or his/her attorney
fails to appear at a settlement conference pursuant to Sec. 1.956 of
this part. The reasons for the dismissal will be stated in the
dismissal letter or order. When a petition to deny is dismissed, any
related responsive pleadings are also dismissed
(h) Grant of petitioned application. If a petition to deny has been
filed and the Commission grants the application, the Commission will
dismiss or deny the petition by issuing a concise statement of the
reason(s) for dismissing or denying the petition, disposing of all
substantive issues raised in the petition.
Sec. 1.945 License grants.
(a) License grants--auctionable license applications. Procedures
for grant of licenses that are subject to competitive bidding under
section 309(j) of the Communications Act are set forth in Secs. 1.2108
and 1.2109 of this part.
(b) License grants--non-auctionable license applications. No
application that is not subject to competitive bidding under
Sec. 309(j) of the Communications Act will be granted by the Commission
prior to the 31st day following the issuance of a Public Notice of the
acceptance for filing of such application or of any substantial
amendment thereof, unless the application is not subject to Sec. 309(b)
of the Communications Act.
(c) Grant without hearing. In the case of both auctionable license
applications and non-mutually exclusive non-auctionable license
applications, the Commission will grant the application without a
hearing if it is proper upon its face and if the Commission finds from
an examination of such application and supporting data, any pleading
filed, or other matters which it may officially notice, that:
(1) There are no substantial and material questions of fact;
(2) The applicant is legally, technically, financially, and
otherwise qualified;
(3) A grant of the application would not involve modification,
revocation, or non-renewal of any other existing license;
(4) A grant of the application would not preclude the grant of any
mutually exclusive application; and
(5) A grant of the application would serve the public interest,
convenience, and necessity.
(d) Grant of petitioned applications. The FCC may grant, without a
formal hearing, an application against which petition(s) to deny have
been filed. If any petition(s) to deny are pending (i.e. have not been
dismissed or withdrawn by the petitioner) when an application is
granted, the FCC will deny the petition(s) and issue a concise
statement of the reason(s) for the denial, disposing of all substantive
issues raised in the petitions.
(e) Partial and conditional grants. The FCC may grant applications
in part, and/or subject to conditions other than those normally applied
to authorizations of the same type. When the FCC does this, it will
inform the applicant of the reasons therefor. Such partial or
conditional grants are final unless the FCC revises its action in
response to a petition for reconsideration. Such petitions for
reconsideration must be filed by the applicant within thirty days after
the date of the letter or order stating the reasons for the partial or
conditional grant, and must reject the partial or conditional grant and
return the instrument of authorization.
(f) Designation for hearing. If the Commission is unable to make
the findings prescribed in subparagraph (c), it will formally designate
the application for hearing on the grounds or reasons then obtaining
and will notify the applicant and all other known parties in interest
of such action.
(1) Orders designating applications for hearing will specify with
particularity the matters in issue.
(2) Parties in interest, if any, who are not notified by the
Commission of its action in designating a particular application for
hearing may acquire the status of a party to the proceeding by filing a
petition for intervention showing the basis of their interest not more
than 30 days after publication in the Federal Register of the hearing
issues or any substantial amendment thereto.
(3) The applicant and all other parties in interest shall be
permitted to participate in any hearing subsequently held upon such
applications. Hearings may be conducted by the Commission or by the
Chief of the Wireless Telecommunications Bureau, or, in the case of a
question which requires oral testimony for its resolution, an
Administrative Law Judge. The burden of proceeding with the
introduction of
[[Page 68933]]
evidence and burden of proof shall be upon the applicant, except that
with respect to any issue presented by a petition to deny or a petition
to enlarge the issues, such burdens shall be as determined by the
Commission or the Chief of the Wireless Telecommunications Bureau.
Sec. 1.946 Construction and coverage requirements.
(a) Construction and commencement of service requirements. For each
of the Wireless Radio Services, requirements for construction and
commencement of service or commencement of operations are set forth in
the rule part governing the specific service. For purposes of this
section, the period between the date of grant of an authorization and
the date of required commencement of service or operations is referred
to as the construction period.
(b) Coverage and substantial service requirements. In certain
Wireless Radio Services, licensees must comply with geographic coverage
requirements or substantial service requirements within a specified
time period. These requirements are set forth in the rule part
governing each specific service. For purposes of this section, the
period between the date of grant of an authorization and the date that
a particular degree of coverage or substantial service is required is
referred to as the coverage period.
(c) Termination of authorizations. If a licensee fails to commence
service or operations by the expiration of its construction period or
to meet its coverage or substantial service obligations by the
expiration of its coverage period, its authorization terminates
automatically, without specific Commission action, on the date the
construction or coverage period expires.
(d) Licensee notification of compliance. A licensee who commences
service or operations within the construction period or meets its
coverage or substantial service obligations within the coverage period
must notify the Commission by filing FCC Form 601. The notification
must be filed with the Commission within 15 days of the expiration of
the applicable construction or coverage period. Where the authorization
is site-specific, if service or operations have begun using some, but
not all, of the authorized transmitters, the notification must show to
which specific transmitters it applies.
(e) Requests for extension of time. Licensees may request to extend
a construction period or coverage period by filing FCC Form 601. The
request must be filed before the expiration of the construction or
coverage period.
(1) An extension request may be granted if the licensee shows that
failure to meet the construction or coverage deadline is due to
involuntary loss of site or other causes beyond its control.
(2) Extension requests will not be granted for failure to meet a
construction or coverage deadline due to delays caused by a failure to
obtain financing, to obtain an antenna site, or to order equipment in a
timely manner. If the licensee orders equipment within 90 days of its
initial license grant, a presumption of diligence is established.
(3) Extension requests will not be granted for failure to meet a
construction or coverage deadline because the licensee undergoes a
transfer of control or because the licensee intends to assign the
authorization. The Commission will not grant extension requests solely
to allow a transferee or assignee to complete facilities that the
transferor or assignor failed to construct.
(4) The filing of an extension request does not automatically
extend the construction or coverage period unless the request is based
on involuntary loss of site or other circumstances beyond the
licensee's control, in which case the construction period is
automatically extended pending disposition of the extension request.
(5) A request for extension of time to construct a particular
transmitter or other facility does not extend the construction period
for other transmitters and facilities under the same authorization.
Sec. 1.947 Modification of licenses.
(a) All major modifications, as defined in Sec. 1.929 of this part,
require prior Commission approval. Applications for major modifications
also shall be treated as new applications for determination of filing
date, Public Notice, and petition to deny purposes.
(b) Licensees may make minor modifications to station
authorizations, as defined in Sec. 1.929 of this part (other than pro
forma transfers and assignments), as a matter of right without prior
Commission approval, but must notify the Commission by filing FCC Form
601 within thirty (30) days of implementing any such changes.
(c) Multiple pending modification applications requesting changes
to the same or related technical parameters on an authorization are not
permitted. If a modification application is pending, any additional
changes to the same or related technical parameters may be requested
only in an amendment to the pending modification application.
(d) Any proposed modification that requires a fee as set forth at
part 1, subpart G, of this chapter must be filed in accordance with
Sec. 1.913.
Sec. 1.948 Assignment of authorization or transfer of control,
notification of consummation.
(a) General. Except as provided in this section, authorizations in
the Wireless Radio Services may be assigned by the licensee to another
party, voluntarily or involuntarily, directly or indirectly, or the
control of a licensee holding such authorizations may be transferred,
only upon application to and approval by the Commission.
(b) Limitations on transfers and assignments. (1) A change from
less than 50% ownership to 50% or more ownership shall always be
considered a transfer of control.
(2) In other situations a controlling interest shall be determined
on a case-by-case basis considering the distribution of ownership, and
the relationships of the owners, including family relationships.
(3) Designated Entities, as defined in Sec. 1.2110(a) of this part,
must comply with Secs. 1.2110 and 1.2111 of this part when seeking to
assign or transfer control of an authorization.
(4) Stations must meet all applicable requirements regarding
transfers and assignments contained in the rules pertaining to the
specific service in which the station is licensed.
(5) Licenses, permits, and authorizations for stations in the
Amateur, Ship, Aircraft, Commercial Operator and Personal Radio
Services (except 218-219 MHz Service) may not be assigned or
transferred, unless otherwise stated.
(c) Application required. In the case of an assignment of
authorization or transfer of control, the assignor must file an
application for approval of the assignment on FCC Form 603. If the
assignee or transferee is subject to the ownership reporting
requirements of Sec. 1.2112(a), the assignee or transferee must also
file an updated FCC Form 602 or certify that a current FCC Form 602 is
on file.
(1) In the case of a non-substantial (pro forma) transfer or
assignment involving a telecommunications carrier, as defined in
Sec. 153(44) of the Communications Act, filing of the Form 603 and
Commission approval in advance of the proposed transaction is not
required, provided that:
(i) the affected license is not subject to unjust enrichment
provisions under subpart Q of this part;
(ii) the transfer or assignment does not involve a proxy contest;
and
[[Page 68934]]
(iii) the transferee or assignee provides notice of the transaction
by filing FCC Form 603 within 30 days of its completion, and provides
any necessary updates of ownership information on FCC Form 602.
(2) In the case of an involuntary assignment or transfer, FCC Form
603 must be filed no later than 30 days after the event causing the
involuntary assignment or transfer.
(d) Notification of consummation. In all Wireless Radio Services,
licensees are required to notify the Commission of consummation of an
approved transfer or assignment on FCC Form 603. The assignee or
transferee must notify the Commission by providing the date of
completion of the assignment or transfer on FCC Form 603. For transfers
and assignments that require prior Commission approval, the transaction
must be consummated and notice provided to the Commission within 60
days of public notice of approval, unless a request for an extension of
time to consummate is filed on FCC Form 603 prior to the expiration of
this 60-day period. For transfers and assignments that do not require
prior Commission approval, notice of completion of the transaction must
be provided on FCC Form 603 within 30 days of completion, along with
any necessary updates of ownership information on FCC Form 602.
(e) Partial assignment of authorization. If the authorization for
some, but not all, of the facilities of a radio station in the Wireless
Radio Services is assigned to another party, voluntarily or
involuntarily, such action is a partial assignment of authorization. To
request Commission approval of a partial assignment of authorization,
the assignor must notify the Commission on FCC Form 603 of the
facilities that will be deleted from its authorization upon
consummation of the assignment.
(f) Partitioning and disaggregation. Where a licensee proposes to
partition or disaggregate a portion of its authorization to another
party, the application will be treated as a request for partial
assignment of authorization. The assignor must notify the Commission on
FCC Form 603 of the geographic area or spectrum that will be deleted
from its authorization upon consummation of the assignment.
(g) Involuntary transfer and assignment. In the event of the death
or legal disability of a permittee or licensee, a member of a
partnership, or a person directly or indirectly in control of a
corporation which is a permittee or licensee, the Commission shall be
notified promptly of the occurrence of such death or legal disability.
Within 30 days after the occurrence of such death or legal disability
(except in the case of a ship or amateur station), an application shall
be filed for consent to involuntary assignment of such permit or
license, or for involuntary transfer of control of such corporation, to
a person or entity legally qualified to succeed to the foregoing
interests under the laws of the place having jurisdiction over the
estate involved. The procedures and forms to be used are the same
procedures and forms as those specified in paragraph (b) of this
section. In the case of Ship, aircraft, Commercial Operator, Amateur,
and Personal Radio Services (except for 218-219 MHz Service)
involuntary assignment of licenses will not be granted; such licenses
shall be surrendered for cancellation upon the death or legal
disability of the licensee. Amateur station call signs assigned to the
station of a deceased licensee shall be available for reassignment
pursuant to Sec. 97.19 of this chapter.
(h) Disclosure requirements. Applicants for transfer or assignment
of licenses in auctionable services must comply with the disclosure
requirements of Secs. 1.2111 and 1.2112 of this part.
(i) Trafficking. Applications for approval of assignment or
transfer may be reviewed by the Commission to determine if the
transaction is for purposes of trafficking in service authorizations.
(1) Trafficking consists of obtaining or attempting to obtain an
authorization for the principal purpose of speculation or profitable
resale of the authorization rather than for the provision of
telecommunication services to the public or for the licensee's own
private use.
(2) The Commission may require submission of an affirmative,
factual showing, supported by affidavit of persons with personal
knowledge thereof, to demonstrate that the assignor did not acquire the
authorization for the principal purpose of speculation or profitable
resale of the authorization. This showing may include, for example, a
demonstration that the proposed assignment is due to changed
circumstances (described in detail) affecting the licensee after the
grant of the authorization, or that the proposed assignment is
incidental to a sale of other facilities or a merger of interests.
Sec. 1.949 Application for renewal of license.
(a) Applications for renewal of authorizations in the Wireless
Radio Services must be filed no later than the expiration date of the
authorization for which renewal is sought, and no sooner than 90 days
prior to expiration. Renewal applications must be filed on the same
form as applications for initial authorization in the same service,
i.e., FCC Form 601 or 605. Additional renewal requirements applicable
to specific services are set forth in the subparts governing those
services.
(b) Licensees with multiple authorizations in the same service may
request a common day and month on which such authorizations expire for
renewal purposes. License terms may be shortened by up to one year but
will not be extended to accommodate the applicant's selection.
46. Section 1.951 is revised to read as follows:
Sec. 1.951 Duty to respond to official communications.
Licensees or applicants in the Wireless Radio Services receiving
official notice of an apparent or actual violation of a federal
statute, international agreement, Executive Order, or regulation
pertaining to communications shall respond in writing within 10 days to
the office of the FCC originating the notice, unless otherwise
specified. Responses to official communications must be complete and
self-contained without reference to other communications unless copies
of such other communications are attached to the response. Licensees or
applicants may respond via ULS.
Sec. 1.952 [Removed]
47. Section 1.952 is removed.
Sec. 1.953 [Removed]
48. Section 1.953 is removed.
49. Section 1.955 is revised to read as follows:
Sec. 1.955 Termination of authorizations.
(a) Authorizations in general remain valid until terminated in
accordance with this section, except that the Commission may revoke an
authorization pursuant to section 312 of the Communications Act of
1934, as amended. See 47 U.S.C. 312.
(1) Expiration. Authorizations automatically terminate, without
specific Commission action, on the expiration date specified therein,
unless a timely application for renewal is filed. See Sec. 1.948 of
this part. No authorization granted under the provisions of this part
shall be for a term longer than ten years. See 47 U.S.C. 307(c).
(2) Failure to meet construction or coverage requirements.
Authorizations automatically terminate, without specific Commission
action, if the licensee fails to meet applicable
[[Page 68935]]
construction or coverage requirements. See Sec. 1.948(c) of this part.
(3) Service discontinued. Authorizations automatically terminate,
without specific Commission action, if service is permanently
discontinued. The Commission authorization or the individual service
rules govern the definition of permanent discontinuance for purposes of
this section. A licensee who discontinues operations shall notify the
Commission of the discontinuance of operations by submitting FCC Form
601 or 605 requesting license cancellation.
(b) Special temporary authority (STA) automatically terminates
without specific Commission action upon failure to comply with the
terms and conditions therein, or at the end of the period specified
therein, unless a timely request for an extension of the STA term is
filed in accordance with Sec. 1.931 of this part. If a timely filed
request for extension of the STA term is dismissed or denied, the STA
automatically terminates, without specific Commission action, on the
day after the applicant or the applicant's attorney is notified of the
Commission's action dismissing or denying the request for extension.
(c) Authorizations submitted by licensees for cancellation
terminate when the Commission gives Public Notice of such action.
50. Section 1.956 is added to read as follows:
Sec. 1.956 Settlement conferences.
Parties are encouraged to use alternative dispute resolution
procedures to settle disputes. See subpart E of this part. In any
contested proceeding, the Commission, in its discretion, may direct the
parties or their attorneys to appear before it for a conference.
(a) The purposes of such conferences are:
(1) To obtain admissions of fact or stipulations between the
parties as to any or all of the matters in controversy;
(2) To consider the necessity for or desirability of amendments to
the pleadings, or of additional pleadings or evidentiary submissions;
(3) To consider simplification or narrowing of the issues;
(4) To encourage settlement of the matters in controversy by
agreement between the parties; and
(5) To consider other matters that may aid in the resolution of the
contested proceeding.
(b) Conferences are scheduled by the Commission at a time and place
it may designate, to be conducted in person or by telephone conference
call.
(c) The failure of any party or attorney, following reasonable
notice, to appear at a scheduled conference will be deemed a failure to
prosecute, subjecting that party's application or petition to dismissal
by the Commission.
51. Section 1.957 is added to read as follows:
Sec. 1.957 Procedure with respect to amateur radio operator license.
Each candidate for an amateur radio license which requires the
applicant to pass one or more examination elements must present the
Volunteer Examiners (VEs) with a properly completed FCC Form 605 prior
to the examination. Upon completion of the examination, the VEs will
grade the test papers. If the applicant is successful, the VEs will
forward the candidate's application to a Volunteer-Examiner Coordinator
(VEC). The VEs will then issue a certificate for sucessful completion
of an amateur radio operator examination. The VEC will forward the
application to the Commission's Gettysburg, Pennsylvania, facility.
Sec. 1.958 [Removed]
52. Section 1.958 is removed.
Sec. 1.959 [Removed]
53. Section 1.959 is removed.
Sec. 1.961 [Removed]
54. Section 1.961 is removed.
Sec. 1.962 [Removed]
55. Section 1.962 is removed.
Sec. 1.971 [Removed]
56. Section 1.971 is removed.
Sec. 1.972 [Removed]
57. Section 1.972 is removed.
Sec. 1.973 [Removed]
58. Section 1.973 is removed.
59. Section 1.981 is revised to read as follows:
Sec. 1.981 Reports, annual and semiannual.
(a) Licensees of stations authorized for developmental operation
shall submit a report on the results of the developmental program. The
report shall be filed with and made a part of each application for
renewal of authorization. The report shall be filed at the Commission's
offices in Washington, DC or alternatively may be sent to the
commission electronically via the ULS.
(b) The report shall include comprehensive and detailed information
on the following:
(1) The final objective.
(2) Results of operation to date.
(3) Analysis of the results obtained.
(4) Copies of any published reports.
(5) Need for continuation of the program.
(6) Number of hours of operation on each frequency.
(c) Where required by the particular service rules, licensees who
have entered into agreements with other persons for the cooperative use
of radio station facilities must submit annually an audited financial
statement reflecting the nonprofit cost-sharing nature of the
arrangement to the Commission's offices in Washington, DC or
alternatively may be sent to the Commission electronically via the ULS,
no later than three months after the close of the licensee's fiscal
year.
60. Section 1.1102 is revised to read as follows:
Sec. 1.1102 Schedule of charges for applications and other filings in
the wireless telecommunications services.
Those services designated with an asterisk in the payment type code
column have associated regulatory fees that must be paid at the same
time the application fee is paid. Please refer to Sec. 1.1152 for the
appropriate regulatory fee that must be paid for this service.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fee
Action FCC Form No. amount Payment type code Address
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Payment of electronically filed 159........................ (\1\) (\1\)...................... Federal Communications Commission, ELT, P.O.
application. Box 358994, Pittsburgh, PA 15251-5994.
2. Land Transportation:
a. New......................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit.... 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
[[Page 68936]]
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
3. Industrial/Business Pool:
a. New......................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
4. Other Industrial:
a. New......................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit.... 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
5. GMRS:
a. New......................... 605 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 605 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification................ 605 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
6. 800 MHz:
a. New......................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
7. 900 MHz:
a. New......................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
8. BUS, OI, LT, PS/SE, 470-512, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
800,900,220,220 NAT, Renewal Non- Bureau Applications, P.O. Box 358245,
profit, CMRS. Pittsburgh, PA 15251-5245.
9. 218-219 MHz Service Renewal Non- 601 & 159.................. 45 PAIM....................... Federal Communications Commission, Wireless
profit. Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
10. BUS, OI, LT Renewal............ 601 & 159.................. 45 PALR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
11. 470-512,800,900,220 Renewal.... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
12. 220 Nationwide Renewal......... 601 & 159.................. 45 PALT *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
13. 218-219 MHz Service Renewal.... 601 & 159.................. 45 PAIR....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
14. Microwave:
a. New......................... 601 & 159.................. 200 PEOR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification, Non-profit.... 601 & 159.................. 200 PEOM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Assignment.................. 601 & 159.................. 200 PEOM....................... Federal Communications Commission, Wireless
603 & 159.................. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Microwave Renewal........... 601 & 159.................. 200 PEOR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
e. Microwave Renewal Non-profit 601 & 159.................. 200 PEOM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
15. Ground:
a. New......................... 601 & 159.................. 90 PBVR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
[[Page 68937]]
b. Modification, Non-profit.... 601 & 159.................. 90 PBVM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Assignment.................. 603 & 159.................. 90 PBVM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Ground Renewal Non-profit... 601 & 159.................. 90 PBVM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
e. Ground Renewal.............. 601 & 159.................. 90 PBVR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
16. Coast:
a. New......................... 601 & 159.................. 90 PBMR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification, Non-profit, 601 & 159.................. 90 PBMM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Assignment.................. 603 & 159.................. 90 PBMM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Coast Renewal Non-profit, 601 & 159.................. 90 PBMM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
e. Coast Renewal............... 601 & 159.................. 90 PBMR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
17. Ship:
a. New......................... 605 & 159.................. 45 PASR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification, Non-profit.... 605 & 159.................. 45 PASM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Ship Renewal Non-profit..... 605 & 159.................. 45 PASM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
d. Ship Renewal................ l605 & 159................. 45 PASR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
18. Aircraft:
a. New......................... 605 & 159.................. 45 PAAR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification, Non-profit.... 605 & 159.................. 45 PAAM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Aircraft Renewal Non-profit. 605 & 159.................. 45 PAAM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
d. Aircraft Renewal............ 605 & 159.................. 45 PAAM *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
19. Public Safety Pool:
a. New, Modification........... 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Renewal..................... 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
603 & 159.................. Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
20. Restricted Permit.............. 605 & 159.................. 45 PARR....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
21. Waiver:
a. Rule Waiver................. 601 & 159.................. 135 PDWM....................... Federal Communications Commission, Wireless
605 & 159.................. Bureau Applications, P.O. Box 358130,
Corres & 159............... Pittsburgh, PA 15251-5130.
b. Exemption from Ship Station 605 & 159.................. 135 PDWM....................... Federal Communications Commission, Wireless
Radio Requirements. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
22. Correspondence Finders Corres & 159............... 135 PDXM....................... Federal Communications Commission, Wireless
Preference. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
23. STA (Common Carrier) Domestic 601 & 159.................. 90 CEPM....................... Federal Communications Commission, Wireless
Public Fixed Pt. to Pt. & Local TV Corres & 159............... Bureau Applications, P.O. Box 358130,
Trans. Pittsburgh, PA 15251-5130.
24. STA (Common Carrier) Domestic 601 & 159.................. 90 CELM....................... Federal Communications Commission, Wireless
Public Fixed Digital Electronic Corres & 159............... Bureau Applications, P.O. Box 358130,
Message. Pittsburgh, PA 15251-5130.
25. STA (BAPS)..................... 601 & 159.................. 130 MGA........................ Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
26. STA (218-219 MHz Service)...... 601 & 159.................. 45 PAIM....................... Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
27. STA (Coast).................... 601 & 159.................. 130 PCMM....................... Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
28. STA (Ground)................... 601 & 159.................. 130 PCVM....................... Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
29. STA (Private Operational Fixed 601 & 159.................. 45 PAOM....................... Federal Communications Commission, Wireless
Microwave). Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
30. STA (Land Mobile).............. 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
[[Page 68938]]
31. STA (GMRS)..................... 605 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Corres & 159............... Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
32. Duplicate...................... 601 & 159.................. 45 PADM....................... Federal Communications Commission, Wireless
605 & 159.................. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
33. Hearing........................ Corres & 159............... 8,640 PFHM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
34. Wait List...................... Corres & 159............... 45 PAWM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
35. Transfer of Control............ 603 & 159.................. 45 PATM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
36. Billing........................ Invoice.................... Various Various.................... Federal Communications Commission, Billings,
P.O. Box 358325, Pittsburgh, PA 15251-5325.
37. 220 MHz:
a. New......................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
38. 218-219 MHz Service:
a. New......................... 601 & 159.................. 45 PAIR....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PAIR....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-Profit.... 601 & 159.................. 45 PAIM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
39. Common Carrier Point-To-Point
and Local TV Trans.:
a. New........................ 601 & 159.................. 200 CJPR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification................ 601 & 159.................. 200 CJPM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Renewal..................... 601 & 159.................. 200 CJPR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
d. Ext. Construction........... 601 & 159.................. 75 CCPM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Assignment.................. 603 & 159.................. 75 CCPM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Transfer of Control......... 603 & 159.................. 75 CCPM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
g. Additional Stations......... 601 & 159.................. 45 CAPM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
h. Waiver of Prior Construction 601 & 159.................. 90 CEPM....................... Federal Communications Commission, Wireless
Authorization. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
40. Common Carrier Digital
Electronic Message:
a. New......................... 601 & 159.................. 200 CJLR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Modification................ 601 & 159.................. 200 CJLM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Renewal..................... 601 & 159.................. 200 CJLR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245
d. Ext. Construction........... 601 & 159.................. 75 CCLM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Assignment.................. 603 & 159.................. 75 CCLM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Transfer of Control......... 603 & 159.................. 75 CCLM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
g. Additional Stations......... 601 & 159.................. 45 CALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
h. Construction Waiver......... 601 & 159.................. 90 CELM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
41. Mass Media Broadcast Auxiliary:
a. New, Modification........... 601 & 159.................. 110 MEA........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 MAA........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
42. Commercial Renewal............. 605 & 159.................. 45 PACS....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
[[Page 68939]]
43. 470-512:
a. New......................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALS *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
44. 220 Nationwide:
a. New......................... 601 & 159.................. 45 PALT *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Renewal..................... 601 & 159.................. 45 PALT *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
c. Modification, Non-Profit, 601 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
CMRS. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment.................. 603 & 159.................. 45 PALM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
45. Domestic Public Land Mobile
Stations (including Base,
Dispatch, Control & Repeater
Stations):
a. New or Additional Facility 601 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
(per transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Major Modifications (per 601 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Fill in Transmitters (per 601 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Major Amendment to a Pending 601 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
Application (per transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Assignment or Transfer:
(i) First Call Sign on 603 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
Application. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
(ii) Each Additional Call 603 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Sign. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Partial Assignment (per call 603 & 159.................. 295 CMD........................ Federal Communications Commission, Wireless
sign). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
g. Renewal (per call sign)..... 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
h. Minor Modification (per 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130
,Pittsburgh, PA 15251-5130.
i. Special Temporary Authority 601 & 159.................. 260 CLD........................ Federal Communications Commission, Wireless
(per frequency/per location). Corres. & 159.............. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
j. Extension of Time to 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Construct (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
k. Notice of Completion of 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Construction (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
l. Auxiliary Test Station (per 601 & 159.................. 260 CLD........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
m. Subsidiary Communications 601 &159................... 130 CFD........................ Federal Communications Commission, Wireless
Service (per request). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
n. Combining Call Signs (per 601 & 159.................. 260 CLD........................ Federal Communications Commission, Wireless
call sign). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
o. 900 MHZ Nationwide Paging:
(i) Renewal--Network 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Organizer. Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
(ii) Renewal--Network 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Operator (per operator/per Bureau Applications, P.O. Box 358245,
city). Pittsburgh, PA 15251-5245.
p. Air-Ground Individual
License (per station):
(i) Initial License........ 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
(ii) Renewal of License.... 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
(iii) Modification of 601 & 159.................. 45 CAD........................ Federal Communications Commission, Wireless
License. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
[[Page 68940]]
46. Cellular Systems:
a. New or Additional Facility.. 601 & 159.................. 295 CMC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Major Modification.......... 601 & 159.................. 295 CMC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Minor Modification.......... 601 & 159.................. 80 CDC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Assignment or Transfer...... 603 & 159.................. 295 CMC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Partial Assignment.......... 603 & 159.................. 295 CMC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Renewal..................... 601 & 159.................. 45 CAC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
g. Extension of Time to 601 & 159.................. 45 CAC........................ Federal Communications Commission, Wireless
Complete Construction. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
h. Special Temporary Authority. 601 & 159.................. 260 CLC........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
i. Combining Cellular 601 & 159.................. 65 CBC........................ Federal Communications Commission, Wireless
Geographic Service Areas. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
47. Rural Radio (includes Central
Office, Interoffice, or Relay
Facilities):
a. New or Additional Facility.. 601 & 159.................. 135 CGRR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Major Modification (per 601 & 159.................. 135 CGRM....................... Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Major Amendment to Pending 601 & 159.................. 135 CGRM....................... Federal Communications Commission, Wireless
Application (per transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Minor Modification (per 601 & 159.................. 45 CARM....................... Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Assignment or Transfer:
(i) First Call Sign........ 603 & 159.................. 135 CGRM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
(ii) Each Additional Call 603 & 159.................. 45 CARM....................... Federal Communications Commission, Wireless
Sign. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Assignment or Transfer:.....
(i) Partial Assignment..... 603 & 159.................. 135 CGRM....................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
g. Renewal..................... 601 & 159.................. 45 CARR *..................... Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
h. Extension of Time to 601 & 159.................. 45 CARM....................... Federal Communications Commission, Wireless
Construct (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
i. Notice of Completion of 601 & 159.................. 45 CARM....................... Federal Communications Commission, Wireless
Construction (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
j. Special Temporary Authority 601 & 159.................. 260 CLRM....................... Federal Communications Commission, Wireless
(per transmitter). Corres. & 159.............. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
k. Combining Call Signs (per 601 & 159.................. 260 CLRM....................... Federal Communications Commission, Wireless
call sign). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
l. Auxiliary Test Station (per 601 & 159.................. 260 CLRM....................... Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
48. Offshore Radio Service (Mobile,
Subscriber, and Central Stations):
a. New or Additional Facility 601 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
(per transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
b. Major Modification (per 601 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
c. Fill In Transmitters (per 601 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
d. Major Amendment to a Pending 601 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
Application (per transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
e. Minor Modification (per 601 & 159.................. 45 CAF........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
f. Assignment or Transfer:
(i) First Call Sign........ 603 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
(ii) Each Additional Call 603 & 159.................. 45 CAF........................ Federal Communications Commission, Wireless
Sign. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
(iii) Partial Assignment 603 & 159.................. 135 CGF........................ Federal Communications Commission, Wireless
(per Call Sign). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
[[Page 68941]]
g. Renewal (per Call Sign)..... 601 & 159.................. 45 CAF........................ Federal Communications Commission, Wireless
Bureau Applications, P.O. Box 358245,
Pittsburgh, PA 15251-5245.
h. Extension of Time to 601 & 159.................. 45 CAF........................ Federal Communications Commission, Wireless
Construct (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
i. Notice of Completion of 601 & 159.................. 45 CAF........................ Federal Communications Commission, Wireless
Construction (per application). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
j. Special Temporary Authority 601 & 159.................. 260 CLF........................ Federal Communications Commission, Wireless
(per transmitter). Corres. & 159.............. Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
k. Combining Call Signs (per 601 & 159.................. 260 CLF........................ Federal Communications Commission, Wireless
Call Sign). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
l. Auxiliary Test Station (per 601 & 159.................. 260 CLF........................ Federal Communications Commission, Wireless
transmitter). Bureau Applications, P.O. Box 358130,
Pittsburgh, PA 15251-5130.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Rural Radio Services pay both regulatory and application fees upfront for the entire license term. This applies to new applications, additional
facilities and renewals. See Assessment of Collection of regulatory Fees for Fiscal Year 1998, Report and Order, 63 FR 35847 (1998) (rel. June 16,
1998).
\1\ Refer to specific radio service and purpose in this table.
61. Section 1.1111 is amended by revising the first sentence in
paragraph (b) and adding paragraph (c) to read as follows:
Sec. 1.1111 Filing locations.
* * * * *
(b) Except as provided for in paragraph (c) of this section, all
materials must be submitted as one package. * * *
(c) Fees for applications and other filings pertaining to the
Wireless Radio Services that are submitted electronically via ULS may
be paid electronically or sent to the Commission's lock box bank
manually. When paying manually, applicants must include the application
file number (assigned by the ULS electronic filing system on FCC Form
159) and submit such number with the payment in order for the
Commission to verify that the payment was made. Manual payments must be
received no later than ten (10) days after receipt of the application
on ULS or the application will be dismissed.
62. Section 1.1152 is revised to read as follows:
Sec. 1.1152 Schedule of annual regulatory fees and filing locations
for wireless radio services.
------------------------------------------------------------------------
Exclusive use services (per
license) Fee amount 1 Address
------------------------------------------------------------------------
1. Land Mobile (Above 470 MHz,
Base Station & SMRS) (47 CFR,
Part 90):
(a) 800 MHz New (FCC 601).. $12.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(b) 800 MHz Renewal (FCC 12.00 FCC, P.O. Box 358245,
601). Pittsburgh, PA 15251-
5245.
(c) 900 MHz New (FCC 601).. 12.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(d) 900 MHz Renewal (FCC 12.00 FCC, P.O. Box 358245,
601). Pittsburgh, PA 15251-
5245.
(e) 470-512,800,900, 220 12.00 FCC, P.O. Box 358245,
MHz, 200 MHz Nationwide Pittsburgh, PA 15251-
Renewal (FCC 601). 5245.
(f) 220 MHz New (FCC 601).. 12.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(g) 220 MHz Renewal (FCC 12.00 FCC, P.O. Box 358245,
601). Pittsburgh, PA 15251-
5245.
(h) 470-512 MHz New (FCC 12.00 FCC, P.O. Box 358130,
601). Pittsburgh, PA 15251-
5130.
(i) 470-512 MHz Renewal 12.00 FCC, P.O. Box 358245,
(FCC 601). Pittsburgh, PA 15251-
5245.
(j) 220 MHz Nationwide New 12.00 FCC, P.O. Box 358130,
(FCC 601). Pittsburgh, PA 15251-
5130.
(k) 220 MHz Nationwide 12.00 FCC, P.O. Box 358245,
Renewal (FCC 601). Pittsburgh, PA 15251-
5245.
2. Microwave (47 CFR Part 101):
(a) Microwave New (FCC 601) 12.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(b) Microwave Renewal (FCC 12.00 FCC, P.O. Box 358245,
601). Pittsburgh, PA 15251-
5245.
3. Shared Use Services:
(a) Land Transportation 6.00 FCC, P.O. Box 358130,
(LT) New (FCC 601). Pittsburgh, PA 15251-
5130.
(b) Land Transportation 6.00 FCC, P.O. Box 358245,
(LT) Renewal (FCC 601). Pittsburgh, PA 15251-
5245.
(c) Business (Bus.) New 6.00 FCC, P.O. Box 358130,
(FCC 601). Pittsburgh, PA 15251-
5130.
(d) Business (Bus.) Renewal 6.00 FCC, P.O. Box 35245
(FCC 601). Pittsburgh, PA 15251-
5245.
(e) Other Industrial (OI) 6.00 FCC, P.O. Box 358130,
New (FCC 601). Pittsburgh, PA 15251-
5130.
(f) Other Industrial (OI) 6.00 FCC, P.O. Box 358245,
Renewal (FCC 601). Pittsburgh, PA 15251-
5245.
(g) General Mobile Radio 6.00 FCC, P.O. Box 358130,
Service (GMRS) New (FCC New Pittsburgh, PA
605). 15251-5130.
(h) General Mobile Radio 6.00 FCC, P.O. Box 358245,
Service (GMRS) Renewal Pittsburgh, PA 15251-
(FCC 605). 5245.
(i) Business, Other 6.00 FCC, P.O. Box 358245,
Industrial, Land Pittsburgh, PA 15251-
Transportation, GMRS 5245.
Renewal (FCC 601/FCC 605).
(j) Ground New (FCC 601)... 6.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(k) Ground Renewal (FCC 6.00 FCC, P.O. Box 358245,
601). Pittsburgh, PA 15251-
5245.
(l) Coast New (FCC 601).... 6.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(m) Coast Renewal (FCC 601) 6.00 FCC, P.O. Box 358245,
Pittsburgh, PA 15251-
5245.
(n) Ship New (FCC 605)..... 6.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(o) Ship Renewal (FCC 605). 6.00 FCC, P.O. Box 358245,
(FCC 605) Pittsburgh,
PA 15251-5245.
(p) Aircraft New (FCC 605). 6.00 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
[[Page 68942]]
(q) Aircraft Renewal (FCC 6.00 FCC, P.O. Box 358245,
605). Pittsburgh, PA 15251-
5245.
4. Amateur Vanity Call Signs... 1.30 FCC, P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
5. CMRS Mobile Services (per .29 FCC, P.O. Box 358835,
unit). Pittsburgh, PA 15251-
5835.
6. CMRS Messaging Services (per .04 FCC, P.O. Box 358835,
unit). Pittsburgh, PA 15251-
5835.
------------------------------------------------------------------------
1 Note that ``small fees'' are collected in advance for the entire
license term. Therefore, the annual fee amount shown in this table
must be multiplied by the 5-or 10-year license term, as appropriate,
to arrive at the total amount of regulatory fees owed. It should be
further noted that application fees may also apply as detailed in Sec.
1.1102 of this chapter.
63. Section 1.2003 is amended by adding entries for FCC Form 601,
FCC Form 602, FCC Form 603, and FCC Form 605 in numerical order to read
as follows:
Sec. 1.2003 Applications affected.
* * * * *
FCC 601 FCC Application for Wireless Telecommunications Bureau
Radio Service Authorization;
FCC 602 FCC Ownership Disclosure Information for the Wireless
Telecommunications Services;
FCC 603 FCC Wireless Telecommunications Bureau Application for
Assignment of Authorization and Transfer of Control;
FCC 605 Quick Form Application for Authorization in the Ship,
Aircraft, Amateur, Restricted and Commercial Operator, and General
Mobile Radio Services.
* * * * *
64. Section 1.2107 is amended by adding paragraph (e) to read as
follows:
Sec. 1.2107 Submission of down payment and filing of long-form
applications.
* * * * *
(e) An applicant must also submit FCC Form 602 (see Sec. 1.919 of
this chapter) with its long form application (FCC Form 601).
65. Section 1.2111 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 1.2111 Assignment or transfer of control: unjust enrichment.
(a) * * * Such applicant must also file with the Commission the
associated contracts for sale, option agreements, management
agreements, or other documents disclosing the local consideration that
the applicant would receive in return for the transfer or assignment of
its license (see Sec. 1.948 of this chapter). * * *
* * * * *
PART 13--COMMERCIAL RADIO OPERATORS
66. The authority citation for part 13 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, and 303, unless otherwise noted.
67. Section 13.5 is revised to read as follows:
Sec. 13.5 Licensed commercial radio operator required.
Rules that require FCC station licensees to have certain
transmitter operation, maintenance, and repair duties performed by a
commercial radio operator are contained in parts 23, 80, and 87 of this
chapter.
68. Section 13.9 is amended by redesignating paragraphs (d) through
(f) as (e) through (g), adding a new paragraph (d), revising paragraphs
(b) and (c) and revising the introductory text of the newly
redesignated paragraph (f) to read as follows:
Sec. 13.9 Eligibility and application for new license or endorsement.
* * * * *
(b)(1) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class Radiotelegraph Operator's Certificate, Ship
Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
Operator's License, GMDSS Radio Maintainer's License and GMDSS Radio
Operator/Maintainer must be filed on FCC Form 605 in accordance with
Sec. 1.913 of this chapter.
(2) Each application for a Restricted Radiotelephone Operator
Permit or a Restricted Radiotelephone Operator Permit-Limited Use must
be filed on FCC Form 605 in accordance with Sec. 1.913 of this chapter.
(c) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class Radiotelegraph Operator's Certificate, Ship
Radar Enforcement, GMDSS Radio Operator's License, GMDSS Radio
Maintainer's, or GMDSS Radio Operator/Maintainer License must be
accompanied by the required fee, if any, and submitted in accordance
with Sec. 1.913 of this chapter. The application must include an
original PPC(s) from a COLEM(s) showing that the applicant has passed
the necessary examinations element(s) within the previous 365 days when
the applicant files the application. If a COLEM files the application
electronically on behalf of the applicant an original PPC(s) is not
required. However, the COLEM must keep the PPC(s) on file for a period
of 1 year.
(d) An applicant will be given credit for an examination element as
specified below:
(1) An unexpired (or within the grace period) FCC-issued commercial
radio operator license: The written examination and telegraphy
Element(s) required to obtain the license held; and (2) An unexpired
(or within the grace period) FCC-issued Amateur Extra-Class operator
license: Telegraphy Elements 1 and 2.
* * * * *
(f) Each application for a new six months service endorsement must
be submitted in accordance with Sec. 1.913 of this chapter. The
application must include documentation showing that:
* * * * *
69. Section 13.13 is amended by removing paragraphs (d), (e), and
(f) and redesignating paragraph (d) as paragraph (e), adding a new
paragraph (d), and revising paragraphs (a), (b), and (c) to read as
follows:
Sec. 13.13 Application for a renewed or modified license.
(a) Each application to renew a First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class Radiotelegraph Operator's Certificate, Marine
Radio Operator Permit, GMDSS Radio Operator's License, GMDSS Radio
Maintainer's License, or GMDSS Radio Operator/Maintainer License must
be made on FCC Form 605. The application must be accompanied by the
appropriate fee and submitted in accordance with Sec. 1.913 of this
chapter.
(b) If a license expires, application for renewal may be made
during a grace period of five years after the expiration date without
having to retake the required examinations. The application must be
accompanied by the required fee and submitted in accordance with
Sec. 1.913 of this chapter. During the grace period, the expired
license is not valid. A license renewed during the grace
[[Page 68943]]
period will be effective as of the date of the renewal. Licensees who
fail to renew their license within the grace period must apply for a
new license and take the required examination(s).
(c) Each application involving a change in operator class must be
filed on FCC Form 605. Each application for a commercial operator
license involving a change in operator class must be accompanied by the
required fee, if any, and submitted in accordance with Sec. 1.913 of
this chapter. The application must include an original PPC(s) from a
COLEM(s) showing that the applicant has passed the necessary
examinations element(s) within the previous 365 days when the applicant
files the application. If a COLEM files the application electronically
on behalf of the applicant an original PPC(s) is not required. However,
the COLEM must keep the PPC(s) on file for a period of 1 year.
(d) An applicant will be given credit for an examination element as
specified below:
(1) An unexpired (or within the grace period) FCC-issued commercial
radio operator license: The written examination and telegraphy
Element(s) required to obtain the license held; and (2) An unexpired
(or within the grace period) FCC-issued Amateur Extra-Class operator
license: Telegraphy Elements 1 and 2.
* * * * *
70. Section 13.17 is amended by revising paragraphs (b), (c) and
(d) to read as follows:
Sec. 13.17 Replacement license.
* * * * *
(b) Each application for a replacement General Radiotelephone
Operator License, Marine Radio Operator Permit, First Class
Radiotelegraph Operator's Certificate, Second Class Radiotelegraph
Operator's Certificate, Third Class Radiotelegraph Operator's
Certificate, GMDSS Radio Operator's License, GMDSS Radio Maintainer's
License, must be made on FCC Form 605 * * *
(c) Each application for a replacement Restricted Radiotelephone
Operator Permit must be on FCC Form 605.
(d) Each application for a replacement Restricted Radiotelephone
Operator Permit-Limited Use must be on FCC Form 605.
* * * * *
PART 22--PUBLIC MOBILE SERVICES
71. The authority citation for part 22 continues to read as
follows:
Authority: Secs. 4, 303, 309 and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 309 and 332, unless otherwise noted.
72. Section 22.99 is amended by removing the definitions of
``Archival quality microfiche'', Assignment of authorization,''
``Authorization,'' and ``Transfer of control,'' and by adding a new
definition for ``Universal Licensing System'' to read as follows:
Sec. 22.99 Definitions.
* * * * *
Universal licensing system. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees
in the Wireless Radio Services, and provides public access to licensing
information.
* * * * *
Sec. 22.101 [Removed]
73. Section 22.101 is removed.
Sec. 22.103 [Removed]
74. Section 22.103 is removed.
Sec. 22.105 [Removed]
75. Section 22.105 is removed.
Sec. 22.106 [Removed]
76. Section 22.106 is removed.
Sec. 22.108 [Removed]
77. Section 22.108 is removed.
Sec. 22.115 [Removed]
78. Section 22.115 is removed.
Sec. 22.117 [Removed]
79. Section 22.117 is removed.
Sec. 22.119 [Removed]
80. Section 22.119 is removed.
Sec. 22.120 [Removed]
81. Section 22.120 is removed.
Sec. 22.121 [Removed]
82. Section 22.121 is removed.
Sec. 22.122 [Removed]
83. Section 22.122 is removed.
Sec. 22.123 [Removed]
84. Section 22.123 is removed.
Sec. 22.124 [Removed]
85. Section 22.124 is removed.
Sec. 22.125 [Removed]
86. Section 22.125 is removed.
Sec. 22.127 [Removed]
87. Section 22.127 is removed.
Sec. 22.128 [Removed]
88. Section 22.128 is removed.
Sec. 22.129 [Removed]
89. Section 22.129 is removed.
Sec. 22.130 [Removed]
90. Section 22.130 is removed.
91. Section 22.131 is amended by revising paragraphs (b)
introductory text, (b)(1), (c) introductory text, (c)(1), (c)(2), and
removing paragraph (d)(3) to read as follows:
Sec. 22.131 Procedures for mutually exclusive applications.
* * * * *
(b) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The Commission may dismiss as
defective (pursuant to Sec. 1.945 of this chapter) any mutually
exclusive application(s) whose filing date is outside of the date range
for inclusion in the filing group. The types of filing groups used in
day-to-day application processing are specified in paragraph (c)(3) of
this section. A filing group is one of the following types:
(1) Renewal filing group. A renewal filing group comprises a
timely-filed application for renewal of an authorization and all
timely-filed mutually exclusive competing applications (see Sec. 1.935
of this chapter).
* * * * *
(c) Procedures. Generally, the Commission may grant one application
in a filing group of mutually exclusive applications and dismiss the
other application(s) in the filing that are excluded by that grant,
pursuant to Sec. 1.945 of this chapter.
(1) Selection methods. In selecting the application to grant, the
Commission will use competitive bidding.
(2) Dismissal of applications. The Commission may dismiss any
application in a filing group that is defective or otherwise subject to
dismissal under Sec. 1.945 of this chapter, either before or after
employing selection procedures.
* * * * *
Sec. 22.132 [Removed]
92. Section 22.132 is removed.
Sec. 22.135 [Removed]
93. Section 22.135 is removed.
Sec. 22.137 [Removed]
94. Section 22.137 is removed.
Sec. 22.139 [Removed]
95. Section 22.139 is removed.
Sec. 22.142 [Removed]
96. Section 22.142 is removed.
Sec. 22.144 [Removed]
97. Section 22.144 is removed.
[[Page 68944]]
Sec. 22.145 [Removed]
98. Section 22.145 is removed.
99. Section 22.150 is amended by revising the first sentence in
paragraph (d) introductory text to read as follows:
Sec. 22.150 Standard pre-filing technical coordination procedure.
* * * * *
(d) The 30-day period begins on the date the notification is
submitted to the Commission via the ULS. * * *
* * * * *
Sec. 22.163 [Removed]
100. Section 22.163 is removed.
101. Section 22.165 is amended by revising paragraphs (b) and (e)
to read as follows:
Sec. 22.165 Additional transmitters for existing systems.
* * * * *
(b) Antenna structure registration. Certain antenna structures must
be registered with the Commission prior to construction or alteration.
Registration requirements are contained in part 17 of this chapter.
* * * * *
(e) Cellular radiotelephone service. During the five-year build-out
period, the service area boundaries of the additional transmitters, as
calculated by the method set forth in Sec. 22.911(a), must remain
within the market, except that the service area boundaries may extend
beyond the market boundary into the area that is part of the COSA or is
already encompassed by the service area boundaries of previously
authorized facilities. After the five-year build-out period, the
service area boundaries of the additional transmitters, as calculated
by the method set forth in Sec. 22.911(a), must remain within the COSA.
Licensees must notify the Commission (FCC Form 601) of any transmitters
added under this section that cause a change in the COSA boundary. The
notification must include full size and reduced maps, and supporting
engineering, as described in Sec. 22.953(a)(5)(i) through (iii). If the
addition of transmitters involves a contract service area boundary
(SAB) extension (see Sec. 22.912), the notification must include a
statement as to whether the five-year build-out period for the system
on the relevant channel block in the market into which the SAB extends
has elapsed and whether the SAB extends into any unserved area in the
market. The notification must be made electronically via the ULS, or
delivered to the filing place (see Sec. 1.913 of this chapter) no later
than 15 days after the addition is made.
* * * * *
Sec. 22.213 [Removed]
102. Section 22.213 is removed.
103. Section 22.221 is amended by revising paragraph (b) to read as
follows:
Sec. 22.221 Eligibility for partitioned licenses.
* * * * *
(b) Each party to an agreement to partition the license must file a
long-form application (FCC Form 601) for its respective, mutually
agreed-upon geographic area together with the application for the
remainder of the MTA or Economic Area (EA) filed by the auction winner.
* * * * *
Sec. 22.315 [Removed]
104. Section 22.315 is removed.
105. Section 22.317 is amended by revising the first sentence to
read as follows:
Sec. 22.317 Discontinuance of station operation.
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send authorization for cancellation by
electronic filing via the ULS on FCC Form 601. * * *
106. Section 22.323 is amended by revising paragraph (d) to read as
follows:
Sec. 22.323 Incidental communications services.
* * * * *
(d) The licensee notifies the Commission using FCC Form 601 before
providing the incidental services. This notification must include a
complete description of the incidental services.
107. Section 22.352 is amended by revising paragraph (c)(6) to read
as follows:
Sec. 22.352 Protection from interference.
* * * * *
(c) * * *
(6) Facilities for which the Commission is not notified. No
protection is provided against interference to the service of any
additional or modified transmitter operating pursuant to Secs. 1.929 or
22.165, unless and until the licensee modifies its authorization using
FCC Form 601.
* * * * *
Sec. 22.369 [Removed]
108. Section 22.369 is removed.
109. Section 22.411 is amended by revising paragraph (d)(1) to read
as follows:
Sec. 22.411 Developmental authorization of 43 MHz paging transmitters.
* * * * *
(d) * * *
(1) After the two-year developmental period, provided that
broadcast TV interference complaints have been resolved by the carrier
in a satisfactory manner. Licensees that hold a developmental
authorization for a 43 MHz paging station and wish to request a regular
authorization must file an application using FCC Form 601 via the ULS
prior to the expiration of the developmental period.
* * * * *
110. Section 22.413 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 22.413 Developmental authorization of 72-76 MHz fixed
transmitters.
* * * * *
(b) * * *
(1) After six months of operation under developmental
authorization, and provided that broadcast TV interference complaints
have been resolved by the carrier in a satisfactory manner. Licensees
that hold a developmental authorization for a 72-76 MHz fixed station
and wish to request a regular authorization must file an application
using FCC Form 601 via the ULS prior to the expiration of the
developmental authorization.
* * * * * *
111. Section 22.415 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 22.415 Developmental authorization of 928-960 MHz fixed
transmitters.
* * * * *
(b) * * *
(1) After one year of operation under developmental authorization,
and provided that no interference has been caused. Licensees that hold
a developmental authorization and wish to request a regular
authorization must file an application using FCC Form 601 prior to the
expiration of the developmental authorization.
* * * * *
112. Section 22.417 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 22.417 Developmental authorization of meteor burst systems.
* * * * *
(b) * * *
(1) After six months of operation under developmental
authorization, and provided that no interference has been caused to
other operations. Licensees that hold a developmental authorization to
use meteor burst propagation modes to provide rural radiotelephone
service and wish to request a regular authorization must file an
application
[[Page 68945]]
using FCC Form 601 prior to the expiration of the developmental
authorization.
* * * * *
113. Section 22.503 is amended by revising paragraph (k) to read as
follows:
Sec. 22.503 Paging geographic area authorizations.
* * * * *
(k) Failure by a paging geographic area licensee to meet either of
the coverage requirements in paragraphs (k)(1) and (k)(2) of this
section, or alternatively, the substantial service requirement in
paragraph (k)(3) of this section, may result in automatic termination
or non-renewal of a paging geographic area license. For the purpose of
this paragraph, to ``cover'' area means to include geographic area
within the composite of the service contour(s) determined by the
methods of Secs. 22.537 or 22.567, as appropriate for the particular
channel involved. Licensees may determine the population of geographic
areas included within their service contours using either the 1990
census or the 2000 census, but not both.
(1) No later than three years after the initial grant of a paging
geographic area authorization, the licensee must construct or otherwise
acquire and operate sufficient facilities to cover one third of the
population in the paging geographic area. The licensee must notify the
FCC (FCC Form 601), no later than 15 days after the end of the three-
year-period, either that it has satisfied this requirement or that it
plans to satisfy the alternative requirement to provide substantial
service in accordance with paragraph (k)(3) of this section.
(2) No later than five years after the initial grant of a paging
geographic area authorization, the licensee must construct or otherwise
acquire and operate sufficient facilities to cover two-thirds of the
population in the paging geographic area. The licensee must notify the
FCC (FCC Form 601), no later than 15 days after the end of the five-
year-period, either that it has satisfied this requirement or that it
has satisfied the alternative requirement to provide substantial
service in accordance with paragraph (k)(3) of this section.
(3) As an alternative to the coverage requirements of paragraphs
(k)(1) and (k)(2) of this section, the paging geographic area licensee
may demonstrate that, no later than five years after the initial grant
of its paging geographic area authorization, it provides substantial
service to the paging geographic area. ``Substantial service'' means
service that is sound, favorable, and substantially above a level of
mediocre service that would barely warrant renewal.
114. Section 22.507 is amended by revising paragraph (c) to read as
follows:
Sec. 22.507 Number of transmitters per station.
* * * * *
(c) Consolidation of separate stations. The Commission may
consolidate separately authorized stations upon request by the licensee
by using FCC Form 601, if appropriate under paragraph (a) of this
section.
* * * * *
115. Section 22.529 is amended by revising the first sentence of
paragraph (a), the first sentence of the introductory text of paragraph
(b), and paragraph (b)(1), and revising (b)(3), (b)(3)(i) and
(b)(3)(iii) to read as follows:
Sec. 22.529 Application requirements for the Paging and Radiotelephone
Service.
* * * * *
(a) Administrative information. The following information,
associated with Form 601, is required as indicated. * * *
* * * * *
(b) Technical data. The following data, associated with FCC Form
601, are required as indicated for each application. * * *
(1) For each transmitting antenna site to be added, deleted or
modified, the following are required: an indication of the desired
database action, the Commission location number, if any, the street
address or other description of the transmitting antenna site, the
city, county and state, the geographic coordinates (latitude and
longitude), correct to 1 second, of the transmitting
antenna site (NAD83), and in the case of a proposed relocation of a
transmitting antenna, the Commission location number and geographic
coordinates, correct to 1 second, of the transmitting
antenna site (NAD83) to which the geographic coordinates of the current
location are referenced.
(2) * * *
(3) The height (in meters) above average terrain of the center of
radiation of the antenna, the beamwidth of the main lobe of the
horizontal radiation pattern of the electric field of the antenna, the
height (in meters) to the tip of the antenna above ground level, a
polar plot of the horizontal gain pattern of the antenna, the antenna
gain in the maximum lobe and the electric field polarization of the
wave emitted by the antenna when installed as proposed.
(i) The center frequency of the requested channel, the transmitter
classification (e.g. base, fixed mobile), the designator for any non-
standard emission type to be used, including bandwidth and modulation
type, and the maximum effective radiated power.
(ii) * * *
(iii) For each transmitter proposed to transmit on a channel
reserved for point-to-multipoint operation involving transmission to
four or more points of communications (i.e. base transmitters), the
following is required for each point of communication: an indication of
the desired database action, the location (city or town, state), and
the geographical coordinates (latitude and longitude, NAD 83).
116. Section 22.531 is amended by revising paragraph (c) to read as
follows:
Sec. 22.531 Channels for paging operation.
* * * * *
(c) Upon application using FCC Form 601, common carriers may be
authorized to provide one-way paging service using the leased
subcarrier facilities of broadcast stations licensed under part 73 of
this chapter.
* * * * *
117. Section 22.539 is amended by revising the introductory text to
read as follows:
Sec. 22.539 Additional channel policies.
The rules in this subsection govern the processing of applications
for a paging channel when the applicant has applied for or been granted
an authorization for other paging channels in the same geographic area.
This section applies to applications proposing to use the channels
listed in Sec. 22.531, excluding the nationwide network paging channels
and broadcast station subcarriers, or the channels listed in
Sec. 22.561, where the application proposes to use those channels to
provide paging service only. The general policy of the Commission is to
assign one paging channel in an area to a carrier per application
cycle. That is, a carrier must apply for one paging channel, receive
the authorization, construct the station, provide service to the
subscribers, and notify the Commission of commencement of service to
subscribers by using FCC Form 601 before applying for an additional
paging channel in that area. This notification must be sent by
electronic filing via the ULS.
* * * * *
118. Section 22.577 is amended by revising the first sentence of
paragraph (b) and paragraph (d) to read as follows:
Sec. 22.577 Dispatch service.
* * * * *
(b) Notification. Licensees must notify the Commission by filing
FCC Form 601 whenever a dispatch transmitter is
[[Page 68946]]
installed pursuant to paragraph (a) of this section. * * *
* * * * *
(d) Dispatch transmitters requiring authorization. A dispatch
transmitter that does not meet all of the requirements of paragraph (a)
of this section may be installed only upon the grant of an application
for authorization by electronically filing FCC Form 601.
* * * * *
119. Section 22.625 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 22.625 Transmitter locations.
* * * * *
(b) * * *
(1) Control transmitter locations. Control transmitter locations
must be within 80 kilometers (50 miles) of the designated locations in
this paragraph.
----------------------------------------------------------------------------------------------------------------
Urban area N. latitude W. longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA............................... 42 deg.21'24.4'' 71 deg.03'22.2''
Chicago, IL.............................. 41 deg.52'28.1'' 87 deg.38'22.2''
Cleveland, OH............................ 41 deg.29'51.2'' 81 deg.41'49.5''
Dallas, TX............................... 32 deg.47'09.5'' 96 deg.47'38.0''
Detroit, MI.............................. 42 deg.19'48.1'' 83 deg.02'56.7''
Houston, TX.............................. 29 deg.45'26.8'' 95 deg.21'37.8''
Los Angeles, CA.......................... 34 deg.03'15.0'' 18 deg.14'31.3''
Miami, FL................................ 25 deg.46'38.6'' 80 deg.11'31.2''
New York, NY............................. 40 deg.45'6.4'' 73 deg.59'37.5''
Philadelphia, PA......................... 39 deg.56'58.4'' 75 deg.09'19.6''
Pittsburgh, PA........................... 40 deg.26'19.2'' 79 deg.59'59.2''
San Francisco-Oakland, CA................ 37 deg.46'38.7'' 122 deg.24'43.9''
Washington, DC........................... 38 deg.53'51.4'' 77 deg.00'31.9''
----------------------------------------------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).
* * * * *
120. Section 22.627 is amended by revising paragraph (b)(1)(i) and
(b)(2) to read as follows:
Sec. 22.627 Effective radiated power limits.
* * * * *
(b) * * *
(1) * * *
(i) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency
range Protected TV station location
------------------------------------------------------------------------
470-476 MHz.................. Jacksonville, IL, 39 deg.45'52.2'' N.
Lat. 90 deg.30'29.5'' W. Long.
Mt. Pleasant, MI, 43 deg.34'24.1'' N.
Lat. 84 deg.46'21.1'' W. Long.
476-482 MHz.................. Oxford, OH, 39 deg.30'26.2'' N. Lat. 84
482-488 MHz.................. deg.44' 8.8'' W. Long.
488-494 MHz.................. Washington, DC, 38 deg.57' 17.4'' N. Lat.
494-500 MHz.................. 77 deg.00' 15.9'' W. Long.
500-506 MHz.................. Champaign, IL, 40 deg.04'11.1'' N. Lat.
506-512 MHz.................. 87 deg. 54'45.1'' W. Long.
Madison, WI, 43 deg.03'01.0'' N. Lat. 89
deg.29' 15.4'' W. Long.
Parkersburg, WV, 39 deg.20'50.3'' N. Lat.
81 deg.33' 55.5'' W. Long.
Fort Wayne, IN, 41 deg.05'35.2'' N. Lat.
85 deg.10' 41.9'' W. Long.
Lancaster, PA, 40 deg.15'45.3'' N. Lat.
76 deg.27' 47.9'' W. Long.
South Bend, IN, 41 deg.36'26.2'' N. Lat.
86 deg.27' 48.1'' W. Long.
Philadelphia, PA, 40 deg.02'30.4'' N.
Lat. 75 deg.14' 22.6'' W. Long.
None.
Johnstown, PA, 40 deg.19'47.3'' N. Lat.
78 deg.53' 44.1'' W. Long.
Washington, DC, 38 deg.57'49.4'' N. Lat.
77 deg.06' 16.9'' W. Long.
Waterbury, CT, 41 deg.31'2.3'' N. Lat. 73
deg.00' 58.4'' W. Long.
------------------------------------------------------------------------
* * * * *
(2) Adjacent channel protection. The ERP of control transmitters
must not exceed the limits in Table E-7. The limits depend upon the
height above average terrain of the control transmitter antenna and the
distance between the control transmitter and the nearest protected TV
station location listed in this paragraph. The protected TV station
locations are as follows (all coordinates are referenced to North
American Datum 1983 (NAD83)):
----------------------------------------------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location TV channel
----------------------------------------------------------------------------------------------------------------
470-476 MHz................................ Hanover, NH, 43 deg.42'30.3'' N. Lat. 72 (15)
deg.09'14.3'' W. Long..
Madison, WI, 43 deg.03'01.0'' N. Lat. 89 deg.29'15.4'' (15)
W. Long..
Champaign, IL, 40 deg.04'11.1'' N. Lat. 87 (15)
deg.54'45.1'' W. Long..
San Diego, CA, 32 deg.41'48.2'' N. Lat. 116 (15)
deg.56'13.1'' W. Long..
Lancaster, PA, 40 deg.15'45.3'' N. Lat. 76 (15)
deg.27'47.9'' W. Long..
Parkersburg, WV, 39 deg.20'50.3'' N. Lat. 81 (15)
deg.33'55.5'' W. Long..
476-482 MHz................................ South Bend, IN, 41 deg.36'26.2'' N. Lat. 86 (16)
deg.27'48.1'' W. Long..
Pittsburgh, PA, 40 deg.26'46.2'' N. Lat. 79 (16)
deg.57'50.2'' W. Long..
Mt. Pleasant, MI, 43 deg.34'24.1'' N. Lat. 84 (14)
deg.46'21.1'' W. Long..
Scranton, PA, 41 deg.10'58.3'' N. Lat. 75 (16)
deg.52'19.7'' W. Long..
482-488 MHz................................ Hanover, NH, 43 deg.42'30.3'' N. Lat. 72 deg.09'14.3'' (15)
W. Long..
Fort Wayne, IN, 41 deg.05'35.2'' N. Lat. 85 (15)
deg.10'41.9'' W. Long..
488-494 MHz................................ Salisbury, MD, 38 deg.24'15.4'' N. Lat. 75 (16)
deg.34'43.7'' W. Long..
[[Page 68947]]
494-500 MHz................................ Philadelphia, PA, 40 deg.02'30.4'' N. Lat. 75 (17)
deg.14'22.6'' W. Long..
500-506 MHz................................ Washington, DC, 38 deg.57'17.4'' N. Lat. 77 (20)
deg.00'15.9'' W. Long..
506-512 MHz................................ Harrisburg, PA, 40 deg.20'44.3'' N. Lat. 76 (21)
deg.52'07.9'' W. Long..
----------------------------------------------------------------------------------------------------------------
* * * * *
121. Section 22.657 is amended by revising paragraphs (a), (d),
(e)(1), and (f) to read as follows:
Sec. 22.657 Transmitter locations.
* * * * *
(a) Base transmitter locations. Base transmitter locations must be
within 80 kilometers (50 miles) of the designated locations in this
paragraph. Mobile transmitters must not be operated at locations more
than 129 kilometers (80 miles) from the designated locations in this
paragraph. Note: All coordinates are referenced to North American Datum
1983 (NAD83).
----------------------------------------------------------------------------------------------------------------
Urban area N. latitude W. longitude
----------------------------------------------------------------------------------------------------------------
Houston, TX............................. 29 deg.45'26.8'' 95 deg.21'37.8''
New York, NY-NE NJ....................... 40 deg.45'06.4'' 73 deg.59'37.5''
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) Adjacent channel protection from mobile transmitters. Base
transmitter locations must be at least 145 kilometers (90 miles) from
the applicable protected TV station locations specified in this
paragraph. This requirement is intended to provide a 0 dB minimum
desired to undesired signal strength ratio at the Grade B contour of an
adjacent channel TV station. Note: All coordinates are referenced to
North American Datum 1983 (NAD83).
----------------------------------------------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location TV channel
----------------------------------------------------------------------------------------------------------------
470-476 MHz................................ Lancaster, PA, 40 deg.15'45.3'' N. Lat. 76 (15)
deg.27'47.9'' W. Long..
476-482 MHz................................ Scranton, PA, 41 deg.10'58.3'' N. Lat. 75 (16)
deg.52'19.7'' W. Long..
----------------------------------------------------------------------------------------------------------------
(e) * * *
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency
range Protected TV station location
------------------------------------------------------------------------
470-476 MHz.................. Washington, DC, 38 deg.57'17.4'' N. Lat.
77 deg.00'15.9'' W. Long.
476-482 MHz.................. Lancaster, PA, 40 deg.15'45.3'' N. Lat.
76 deg.27'47.9'' W. Long.
------------------------------------------------------------------------
* * * * *
(f) Co-channel protection from base transmitters with high
antennas. This paragraph applies only to base transmitter locations in
the New York-Northeastern New Jersey urban area that utilize an antenna
height of more than 152 meters (500 feet) above average terrain. The
distance between the location of such a base transmitter and the
applicable protected TV station location specified in this paragraph
must equal or exceed the sum of the distance from the base transmitter
location to the radio horizon in the direction of the specified
location and 89 kilometers (55 miles--representing the distance from
the main transmitter location of the TV station to its Grade B contour
in the direction of the base transmitter). The distance to the radio
horizon is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE98.026
Where d is the distance to the radio horizon in kilometers h is the
height of the antenna center of radiation above ground level in meters
Note: All coordinates are referenced to North American Datum
1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency
range Protected TV station location
------------------------------------------------------------------------
470-476 MHz.................. Washington, DC, 38 deg.57'17.4'' N. Lat.
77 deg.00'15.9'' W. Long.
476-482 MHz.................. Lancaster, PA, 40 deg.15'45.3'' N. Lat.
76 deg.27'47.9'' W. Long.
------------------------------------------------------------------------
* * * * *
Section 22.659 is amended by revising paragraphs (b)(1) and (c)(1)
to read as follows:
Sec. 22.659 Effective radiated power limits.
* * * * *
(b) * * *
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
[[Page 68948]]
------------------------------------------------------------------------
Control transmitter frequency
range Protected TV station location
------------------------------------------------------------------------
470-476 MHz.................. Washington, DC, 38 deg.57'17.4'' N. Lat.
77 deg.00'15.9'' W. Long.
476-482 MHz.................. Lancaster, PA, 40 deg.15'45.3'' N. Lat.
76 deg.27'47.9'' W. Long.
------------------------------------------------------------------------
* * * * *
(c) * * *
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
----------------------------------------------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location TV channel
----------------------------------------------------------------------------------------------------------------
470-476 MHz................................ Hanover, NH, 43 deg.42'30.3'' N. Lat. 72 deg.09'14.3'' (15)
W. Long.
476-482 MHz................................ Lancaster, PA, 40 deg.15'45.3'' N. Lat. 76 (15)
482-488 MHz................................ deg.27'47.9'' W. Long.
Scranton, PA, 41 deg.10'58.3'' N. Lat. 75 (16)
deg.52'19.7'' W. Long.
Hanover, NH, 43 deg.42'30.3'' N. Lat. 72 deg.09'14.3'' (15)
W. Long.
----------------------------------------------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD83).
* * * * *
123. Section 22.709 is amended by revising the introductory text,
and revising paragraphs (b) introductory text, (b)(1) and (b)(2) to
read as follows:
Sec. 22.709 Rural radiotelephone service application requirements.
In addition to information required by Subparts B and D of this
part, FCC Form 601 applications for authorization to operate a station
in the Rural Radiotelephone Service must contain the applicable
supplementary information described in this section.
* * * * *
(b) Technical information required. For each transmitter in the
Rural Radiotelephone Service, the following information is required by
FCC Form 601:
(1) Location description: city; county; state; geographic
coordinates correct to 1 second, the datum used (NAD83),
site elevation above mean sea level, proximity to adjacent market
boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the
center of radiation of the antenna above the average terrain, the
height of the antenna center of radiation above the average elevation
of the terrain along each of the 8 cardinal radials, antenna gain in
the maximum lobe, the beamwidth of the maximum lobe of the antenna, a
polar plot of the horizontal gain pattern of the antenna, the electric
field polarization of the wave emitted by the antenna when installed as
proposed;
* * * * *
124. Section 22.803 is amended by revising the introductory text,
and the introductory text of paragraphs (a) and (b), and (b)(1) and
(b)(2) to read as follows:
Sec. 22.803 Air-ground application requirements.
In addition to information required by Subparts B and D of this
part, FCC Form 601 applications for authorization to operate an air-
ground station or system in the Air-ground Radiotelephone Service must
contain the applicable supplementary information described in this
section.
(a) Administrative information. The following information is
required by FCC Form 601.
* * * * *
(b) Technical information required. For each transmitter in the
Rural Radiotelephone Service, the following information is required by
FCC Form 601:
(1) Location description: city; county; state; geographic
coordinates correct to 1 second, the datum used (NAD83),
site elevation above mean sea level, proximity to adjacent market
boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the
center of radiation of the antenna above the average terrain, the
height of the antenna center of radiation above the average elevation
of the terrain along each of the 8 cardinal radials, antenna gain in
the maximum lobe, the beamwidth of the maximum lobe of the antenna, a
polar plot of the horizontal gain pattern of the antenna, the electric
field polarization of the wave emitted by the antenna when installed as
proposed;
(3) * * *
Sec. 22.821 [Removed]
125. Section 22.821 is removed.
126. Section 22.859 is amended by revising the introductory
paragraph and table to read as follows:
Sec. 22.859 Geographical channel block layout.
Except as provided in paragraphs (a) and (b) of this section,
ground station locations must be within 1.61 kilometers (one mile) of
the locations listed in this paragraph. The channel block allotted for
each location must be used to provide service to airborne mobile
stations in flight and may be used to provide service to airborne
mobile stations on ground.
Note: All coordinates are referenced to North American Datum
1983 (NAD83).
----------------------------------------------------------------------------------------------------------------
Channel
Location N. latitude W. longitude block
----------------------------------------------------------------------------------------------------------------
Alaska:
Anchorage.................... 61 deg.11'04.0'' 149 deg.54'49.9'' 8
Cordova...................... 60 deg.32'58.0'' 145 deg.43'07.1'' 5
Ketchikan.................... 55 deg.21'18.7'' 131 deg.42'39.1'' 5
Juneau....................... 58 deg.21'16.8'' 134 deg.34'36.4'' 4
Sitka........................ 57 deg.03'28.7'' 135 deg.22'07.4'' 7
Yakutat...................... 59 deg.30'28.2'' 142 deg.30'06.3## 8
Alabama:
Birmingham................... 33 deg.23'24.4'' 86 deg.39'58.9'' 2
Arizona:
Phoenix...................... 33 deg.35'39.1'' 112 deg.05'14.5'' 4
[[Page 68949]]
Winslow...................... 35 deg.01'17.1'' 110 deg.43'04.5'' 6
Arkansas:
Pine Bluff................... 34 deg.10'56.4'' 91 deg.56'18.5'' 8
California:
Blythe....................... 33 deg.36'39.1'' 114 deg.42'26.9'' 10
Eureka....................... 40 deg.42'58.5'' 124 deg.12'13.2'' 8
Los Angeles.................. 33 deg.56'45.0'' 118 deg.23'06.3'' 4
Oakland...................... 37 deg.51'11.7'' 122 deg.12'33.9'' 1
San Francisco................ 37 deg.41'14.8'' 122 deg.26'04.9'' 6
Visalia...................... 36 deg.19'35.8'' 119 deg.23'25.4'' 7
Colorado:
Colorado Springs............. 38 deg.44'39.0'' 104 deg.51'47.9'' 8
Denver....................... 139 deg.46'45.0'' 104 deg.50'50.9'' 1
Hayden....................... 40 deg.29'03.9'' 107 deg.13'10.2'' 6
Florida:
Miami........................ 25 deg.48'28.4'' 80 deg.16'29.2'' 4
Orlando...................... 28 deg.26'54.0'' 81 deg.21'59.3'' 2
Tallahassee.................. 30 deg.24'02.7'' 84 deg.21'17.6'' 7
Georgia:
Atlanta...................... 33 deg.39'05.4'' 84 deg.25'53.7'' 5
St. Simon Island............. 31 deg.09'22.8'' 81 deg.23'13.3'' 6
Hawaii:
Mauna Kapu................... 21 deg.24'12.6'' 158 deg.05'52.1'' 5
Idaho:
Blackfoot.................... 43 deg.11'33.7'' 112 deg.0'59.9'' 8
Caldwell..................... 43 deg.38'44.6'' 116 deg.38'47.5'' 10
Illinois:
Chicago...................... 41 deg.46'49.1'' 87 deg.45'20.2'' 3
Kewanee...................... 41 deg.12'05.1'' 89 deg.57'33.4'' 5
Schiller Park................ 41 deg.57'18.1'' 87 deg.52'57.2'' 2
Indiana:
Fort Wayne................... 40 deg.59'16.2'' 85 deg.11'30.9'' 7
Iowa:
Des Moines................... 41 deg.31'58.0'' 93 deg.38'54.8'' 1
Kansas:
Garden City.................. 37 deg.59'35.1'' 100 deg.54'05.6'' 3
Wichita...................... 37 deg.37'24.1'' 97 deg.27'16.2'' 7
Kentucky:
Fairdale..................... 38 deg.04'48.2'' 85 deg.47'32.9'' 6
Louisiana:
Kenner....................... 30 deg.00'44.7'' 90 deg.13'30.3'' 3
Shreveport................... 32 deg.27'09.6'' 93 deg.49'38.7'' 5
Massachusetts:
Boston....................... 42 deg.23'15.4'' 71 deg.01'01.2'' 7
Michigan:
Bellville.................... 42 deg.12'17.1'' 83 deg.29#08.8## 8
Flint........................ 42 deg.58'21.1'' 83 deg.44'21.8'' 9
Sault Saint Marie............ 46 deg.28'45.1'' 84 deg.21'31.1'' 6
Minnesota:
Bloomington.................. 44 deg.51'29.9'' 93 deg.13'19.8'' 9
Mississippi:
Meridian..................... 32 deg.19'10.5'' 88 deg.41'33.2'' 9
Missouri:
Kansas City.................. 30 deg.18'37.8'' 94 deg.41'07.7'' 6
St Louis..................... 38 deg.42'45.2'' 90 deg.19'19.4'' 4
Springfield.................. 37 deg.14'28.2'' 93 deg.22'54.7'' 9
Montana:
Lewistown.................... 47 deg.02'55.9'# 109 deg.27'29.7'' 5
Miles City................... 46 deg.25'30.0'' 105 deg.52'32.0'' 8
Missoula..................... 47 deg.01'04.7'' 114 deg.00'44.4'' 3
Nebraska:
Grand Island................. 40 deg.58'00.0'' 98 deg.19'12.2'' 2
Ogallala..................... 41 deg.07'11.0'' 101 deg.45'38.6'' 4
Nevada:
Las Vegas.................... 36 deg.05'34.9'' 115 deg.10'28.0'' 1
Reno......................... 39 deg.25'12.7'' 119 deg.55'55.7'' 3
Tonopah...................... 38 deg.03'42.8'' 117 deg.13'27.3'' 9
Winnemucca................... 41 deg.00'38.6'' 117 deg.46'01.5'' 4
New Mexico:
[[Page 68950]]
Alamogordo................... 32 deg.54'46.3'' 105 deg.56'43.0'' 8
Albuquerque.................. 35 deg.03'05.2'' 106 deg.37'15.1'' 10
Aztec........................ 36 deg.48'42.0'' 107 deg.53'50.3'' 9
Clayton...................... 36 deg.27'29.1'' 103 deg.11'17.8'' 5
New Jersey:
Woodbury..................... 39 deg.50'01.4'' 75 deg.09'19.7'' 3
New York:
E. Elmhurst.................. 40 deg.46'21.4'' 73 deg.52'40.5'' 1
Schuyler..................... 43 deg.09'09.3'' 75 deg.07'48.6'' 2
Staten Island................ 40 deg.36'05.4'' 74 deg.06'33.5'' 9
North Carolina
Greensboro................... 36 deg.05'54.7'' 70 deg.56'39.9'' 9
Wilmington................... 34 deg.16'10.6'' 77 deg.54'23.0'' 3
North Dakota:
Dickinson.................... 46 deg.51'05.0'' 102 deg.47'36.6'' 7
Ohio:
Pataskala.................... 40 deg.04'38.2'' 82 deg.41'56.6'' 1
Oklahoma:
Warner....................... 35 deg.29'31.4'' 95 deg.18'25.9'' 4
Woodward..................... 36 deg.24'42.1'' 99 deg.28'51.4''
Oregon:
Albany....................... 44 deg.38'23.4'' 123 deg.03'40.4'' 5
Klamath Falls................ 42 deg.06'29.5'' 121 deg.38'04.0'' 2
Pendleton.................... 45 deg.35'44.5'' 118 deg.31'05.9'' 7
Pennsylvania:
Coraopolis................... 40 deg.30'33.2'' 80 deg.13'26.2'' 4
New Cumberland............... 40 deg.11'30.3'' 76 deg.52'00.9'' 4
South Carolina:
Charleston................... 32 deg.54'10.6'' 80 deg.01'19.3'' 4
South Dakota:
Aberdeen..................... 45 deg.27'20.9'' 98 deg.25'27.3'' 6
Rapid City................... 44 deg.02'36.0'' 103 deg.03'37.6'' 5
Tennessee:
Elizabethton................. 36 deg.26'04.4'' 82 deg.08'05.5'' 7
Memphis...................... 35 deg.01'44.3'' 89 deg.56'15.3'' 10
Nashville.................... 36 deg.08'44.2'' 86 deg.41'31.0'' 3
Texas:
Austin....................... 30 deg.16'37.7'' 97 deg.49'35.0'' 2
Bedford...................... 21 deg.50'19.5'' 07 deg.08'04.0'' 1
Houston...................... 29 deg.54'37.8'' 95 deg.24'39.8'' 9
Lubbock...................... 33 deg.37'06.3'' 101 deg.52'15.6'' 7
Monahans..................... 31 deg.34'58.5'' 102 deg.54'19.6'' 8
Utah:
Abajo Peak................... 37 deg.50'21.0'' 109 deg.27'44.4'' 7
Delta........................ 39 deg.23'14.8'' 112 deg.30'46.8'' 2
Escalante.................... 37 deg.45'19.0'' 111 deg.52'29.7'' 5
Green River.................. 38 deg.57'53.9'' 110 deg.13'42.5'' 3
Salt Lake City............... 40 deg.39'10.8'' 112 deg.12'08.8'' 1
Virginia:
Arlington.................... 38 deg.52'55.4'' 77 deg.06'16.9'' 6
Washington:
Seattle...................... 47 deg.26'07.4'' 122 deg.17'39.4'' 4
Cheney....................... 47 deg.33'13.6'' 117 deg.43'38.8'' 1
West Virginia:
Charleston................... 38 deg.19'47.4'' 81 deg.39'35.4'' 2
Wisconsin:
Stevens Point................ 44 deg.33'05.9'' 89 deg.25'27.4'' 8
Wyoming:
Riverton..................... 43 deg.03'36.9'' 108 deg.27'25.4'' 9
----------------------------------------------------------------------------------------------------------------
Section 22.873 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 22.873 Construction period for commercial aviation air-ground
systems.
* * * * *
(a) Stage I. At least 25 ground stations must be constructed and
operational within 3 years. Licensees must notify the Commission by
using FCC Form 601 as soon as this requirement is met. * * *
(b) Stage II. At least 50 ground stations must be constructed and
operational within 5 years. Nationwide
[[Page 68951]]
service to subscribers must commence within 5 years. Licensees must
notify the Commission by using FCC Form 601 as soon as this requirement
is met.
Sec. 22.875 [Amended]
128. Section 22.875 is amended by removing paragraph (d)(7).
129. Section 22.907 is amended by revising paragraph (b) to read as
follows:
Sec. 22.907 Coordination of channel usage.
* * * * *
(b) If technical problems are addressed by an agreement or
operating agreement between the licensees that would result in a
reduction of quality or capacity of either system, the licensees must
notify the Commission by updating FCC Form 601.
130. Section 22.911 is amended by revising the first sentence in
paragraph (b) to read as follows:
Sec. 22.911 Cellular geographic service area.
* * * * *
(b) Alternative CGSA determination. If a carrier believes that the
method described in paragraph (a) of this section produces a CGSA that
departs significantly (20% in the service area of any cell)
from the geographic area where reliable cellular service is actually
provided, the carrier may submit, as an exhibit to an application for
modification of the CGSA using FCC Form 601, a depiction of what the
carrier believes the CGSA should be. * * *
* * * * *
131. Section 22.929 is revised to read as follows:
Sec. 22.929 Application requirements for the Cellular Radiotelephone
Service.
In addition to information required by subparts B and D of this
part, FCC Form 601 applications for authorization in the Cellular
Radiotelephone Service must contain the applicable supplementary
information described in this section.
(a) Administrative information. The following information is
required either by FCC Form 601, or as an exhibit:
(1) Location description; city; county; state; geographical
coordinates correct to 1 second, the datum used (NAD 83),
site elevation above mean sea level, proximity to adjacent market
boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the
center of radiation of the antenna above the average terrain, the
height of the antenna center of radiation above the average elevation
of the terrain along each of the 8 cardinal radials, antenna gain in
the maximum lobe, the beamwidth of the maximum lobe of the antenna, a
polar plot of the horizontal gain pattern of the antenna, the electric
field polarization of the wave emitted by the antenna when installed as
proposed:
(3) The channel block requested, the maximum effective radiated
power, the effective radiated power in each of the cardinal radial
directions.
(b) If the application involves a service area boundary (SAB)
extension (Sec. 22.912 of this chapter), the licensee must provide a
statement as described in Sec. 22.953.
(c) Maps. If the application proposes a change in the CGSA, it must
include full size and reduced maps, and supporting engineering, as
described in Sec. 22.953 (a)(1) through (a)(3).
132. Section 22.935 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 22.935 Procedures for comparative renewal proceedings.
* * * * *
(a) If one or more of the applications competing with an
application for renewal of a cellular authorization are filed, the
renewal applicant must file with the Commission its original renewal
expectancy showing electronically via the ULS. * * *
* * * * *
133. Section 22.936 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 22.936 Dismissal of applications in cellular renewal proceedings.
* * * * *
(a) If a competing applicant seeks to dismiss its application prior
to the Initial Decision stage of the hearing on its application, it
must submit to the Commission a request for approval of the dismissal
of its application. This request for approval of the dismissal of its
application must be submitted and must also include a copy of any
agreement related to the withdrawal or dismissal, and an affidavit
setting forth: * * *
* * * * *
134. Section 22.941 is amended by revising the first sentence in
paragraph (b) and paragraph (c) to read as follows:
Sec. 22.941 System identification numbers.
* * * * *
(b) Licensees must notify the Commission using FCC Form 601, if
their cellular systems transmit SIDs assigned to other cellular
systems. * * *
(c) Licensees may request that an additional (previously
unassigned) SID be assigned to their system by filing an application
for minor modification of station on FCC Form 601.
Sec. 22.944 [Removed]
135. Section 22.944 is removed.
136. Section 22.946 is amended by removing the introductory text
and paragraph (b), by revising paragraph (a) and redesignating
paragraph (a)(1) as paragraph (b) to read as follows:
Sec. 22.946 Service commencement and construction periods for cellular
systems.
(a) Commencement of service. New cellular systems must be at least
partially constructed and begin providing cellular service to
subscribers within the service commencement periods specified in Table
H-1 of this section. Service commencement periods begin on the date of
grant of the initial authorization, and are not extended by the grant
of subsequent authorizations for the cellular system (such as for major
modifications). The licensee must notify the FCC (FCC Form 601) no
later than 15 days after the requirements of this section are met (see
Sec. 1.946).
* * * * *
137. Section 22.947 is amended by revising the first sentence in
paragraph (b) introductory text to read as follows:
Sec. 22.947 Service commencement and construction periods for cellular
systems.
* * * * *
(b) Partitioned markets. During the five-year build-out period, the
licensee of the first cellular system on each channel block in each
market may enter into contracts with eligible parties, allowing such
parties to apply by using FCC Form 601 for a new cellular system in
that channel block within the market. * * *
* * * * *
138. Section 22.953 is amended by revising paragraphs (a) and (b)
and adding paragraph (c) so that the section now reads as follows:
Sec. 22.953 Content and form of applications.
* * * * *
(a) Applications for authority to operate a cellular system in an
unserved area must include the following information in addition to the
requirements specified in Secs. 1.919, 1.923 and 1.924. The following
exhibits must be set off by tabs and numbered as follows:
(1) Exhibit I--full-size map. The scale of the full-size map must
be 1:500,000, regardless of whether any different scale is used for the
reduced map required in Exhibit II. The map must have a legend, a
distance scale and correctly labeled latitude and longitude lines. The
map must be clear and legible. The map must accurately show the cell
sites (transmitting antenna locations), the entire CGSA, any extension
of the
[[Page 68952]]
composite service area boundary beyond the CGSA (see Sec. 22.911) and
the relevant portions of the cellular market boundary.
(2) Exhibit II--reduced map. This map must be a proportional
reduction, to 8\1/2\ x 11 inches, of the full-size map required for
Exhibit I, unless it proves to be impractical to depict the entire
cellular market by reducing the full-size map. In such instance, an
8\1/2\ x 11 inch map of a different scale may be substituted, provided
that the required features of the full-size map are clearly depicted
and labeled.
(3) Exhibit III--engineering. This exhibit must contain the data
and methodology used to calculate the CGSA and service area boundary.
(4) Exhibit IV--channel plan. This exhibit must show which specific
channels (or groups) are to be used at each cell site. Any necessary
table for converting channel numbers to center frequencies must be
provided.
(5) Exhibit V--ownership information. This exhibit must contain the
information required by Sec. 1.919. Additionally, individual applicants
must disclose, in this exhibit, all interests (including those less
than 10%) in publicly traded corporation(s) that have applications
which are mutually exclusive with the individual's application.
(6) Exhibit VI--service proposal. This exhibit must describe the
services proposed for subscribers and roamers, including the proposed
method for handling complaints.
(7) Exhibit VII--cellular design. This exhibit must show that the
proposed system design complies with cellular system design concepts,
and must describe the method proposed to expand the system in a
coordinated fashion as necessary to address changing demand for
cellular service.
(8) Exhibit VIII--blocking level. This exhibit must disclose the
blocking probability or other criteria to be used to determine whether
it is necessary to take measures to increase system capacity to
maintain service quality.
(9) Exhibit IX--start-up expenses. This exhibit must disclose in
detail the projected cost of construction and other initial expenses of
the proposed system, and how the applicant intends to meet these
expenses and the costs of operation for the first year.
(10) Exhibit X--interconnection arrangements. This exhibit is
required for applicants that provide public landline message telephone
service in any portion of the proposed CGSA. This exhibit must describe
exactly how the proposed system would interconnect with the landline
network. The description must be of sufficient detail to enable a
competitor to connect with the landline system in exactly the same
manner, if the competitor so chooses.
(b) Existing systems--major modifications. Licensees making major
modifications pursuant to Sec. 1.929(h) must file FCC Form 601 and need
only contain the exhibits required by paragraphs (a)(1) through (a)(3)
of this section.
(c) Existing systems--minor modifications. Licensees making minor
modifications pursuant to Sec. 1.929(h)--in which the modification
causes a change in the CGSA boundary (including the removal of a
transmitter or transmitters)--must notify the FCC (using FCC Form 601)
and include full-sized maps, reduced maps, and supporting engineering
exhibits as described in paragraphs (a)(1)-(3) of this section. If the
modification involves a contract SAB extension, it must include a
statement as to whether the five-year build-out for the system on the
relevant channel block in the market into which the SAB extends has
elapsed, and as to whether the SAB extends into any unserved area in
that market.
Sec. 22.966 [Removed]
139. Section 22.966 is removed.
PART 24--PERSONAL COMMUNICATIONS SERVICES
140. The authority citation for part 24 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332.
141. Section 24.2 is amended by adding a sentence to the end of
paragraph (b) to read as follows:
Sec. 24.2 Other applicable rule parts.
* * * * *
(b) * * * Subpart F includes the rules for the Wireless
Telecommunications Services and the procedures for filing
electronically via the ULS.
* * * * *
142. Section 24.5 is amended by adding the following definition to
read as follows:
Sec. 24.5 Terms and definitions.
* * * * *
Universal Licensing System. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees
in the Wireless Radio Services, and provides public access to licensing
information.
* * * * *
143. Section 24.11 is amended by revising paragraph (a) to read as
follows:
Sec. 24.11 Initial authorization.
(a) An applicant must file a single application for an initial
authorization for all markets won and frequency blocks desired.
* * * * *
Sec. 24.18 [Removed]
144. Section 24.18 is removed.
145. Section 24.202 is amended by revising the last sentence of the
introductory paragraph to read as follows:
Sec. 24.202 Service areas.
* * * The BTA/MTA Map is available for public inspection at the
Office of Engineering and Technology's Technical Information Center,
2000 M Street, NW, Washington, DC 20554.
* * * * *
146. Section 24.307 is revised to read as follows:
Sec. 24.307 Long-form applications.
Winning bidders will be required to submit long-form applications
on FCC Form 601, as modified, within ten business days after being
notified that they are the winning bidder. Applications on FCC Form 601
shall be submitted pursuant to the procedures set forth in Subpart G of
this Part and Sec. 1.2107 (c) and (d) of this chapter and any
associated public notices. Only auction winners will be eligible to
file applications on FCC Form 601 for initial narrowband PCS licenses
in the event of mutual exclusivity between applicants filing Form 175.
An applicant must file a single application for an initial
authorization for all markets won and frequency blocks desired.
Sec. 24.405 [Removed]
147. Section 24.405 is removed.
Sec. 24.406 [Removed]
148. Section 24.406 is removed.
Sec. 24.409 [Removed]
149. Section 24.409 is removed.
Sec. 24.411 [Removed]
150. Section 24.411 is removed.
Sec. 24.413 [Removed]
151. Section 24.413 is removed.
Sec. 24.419 [Removed]
152. Section 24.419 is removed.
Sec. 24.420 [Removed]
153. Section 24.420 is removed.
Sec. 24.421 [Removed]
154. Section 24.421 is removed.
[[Page 68953]]
Sec. 24.422 [Removed]
155. Section 24.422 is removed.
Sec. 24.423 [Removed]
156. Section 24.423 is removed.
Sec. 24.425 [Removed]
157. Section 24.425 is removed.
Sec. 24.426 [Removed]
158. Section 24.426 is removed.
Sec. 24.427 [Removed]
159. Section 24.427 is removed.
Sec. 24.428 [Removed]
160. Section 24.428 is removed.
Sec. 24.429 [Removed]
161. Section 24.429 is removed.
Sec. 24.432 [Removed]
162. Section 24.432 is removed.
Sec. 24.439 [Removed]
163. Section 24.439 is removed.
Sec. 24.443 [Removed]
164. Section 24.443 is removed.
Sec. 24.444 [Removed]
165--166. Section 24.444 is removed.
167. Section 24.714 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 24.714 Partitioned licenses and disaggregated spectrum.
* * * * *
(b) * * *
(1) Partitioning. In the case of partitioning, applicants and
licensees must file FCC Form 603 pursuant to Sec. 1.948 of this chapter
and list the partitioned service area on a schedule to the application.
The geographic coordinates must be specified in degrees, minutes, and
seconds to the nearest second of latitude and longitude and must be
based upon the 1983 North American Datum (NAD83).
* * * * *
Sec. 24.803 [Removed]
168. Section 24.803 is removed.
Sec. 24.805 [Removed]
169. Section 24.805 is removed.
Sec. 24.806 [Removed]
170. Section 24.806 is removed.
Sec. 24.809 [Removed]
171. Section 24.809 is removed.
Sec. 24.811 [Removed]
172. Section 24.811 is removed.
Sec. 24.813 [Removed]
173. Section 24.813 is removed.
Sec. 24.819 [Removed]
174. Section 24.819 is removed.
Sec. 24.820 [Removed]
175. Section 24.820 is removed.
Sec. 24.821 [Removed]
176. Section 24.821 is removed.
Sec. 24.822 [Removed]
177. Section 24.822 is removed.
Sec. 24.823 [Removed]
178. Section 24.823 is removed.
Sec. 24.825 [Removed]
179. Section 24.825 is removed.
Sec. 24.826 [Removed]
180. Section 24.826 is removed.
Sec. 24.827 [Removed]
181. Section 24.827 is removed.
Sec. 24.828 [Removed]
182. Section 24.828 is removed.
Sec. 24.829 [Removed]
183. Section 24.829 is removed.
Sec. 24.832 [Removed]
184. Section 24.832 is removed.
185. Section 24.839 is amended by removing paragraphs (a), (b) and
(c) and redesignating paragraphs (d) and (e) as (a) and (b) to read as
follows:
Sec. 24.839 Transfer of control or assignment of license.
(a) Restrictions on Assignments and Transfers of Licenses for
Frequency Blocks C and F. No assignment or transfer of control of a
license for frequency Block C or frequency Block F will be granted
unless:
(1) The application for assignment or transfer of control is filed
after five years from the date of the initial license grant; or
(2) The proposed assignee or transferee meets the eligibility
criteria set forth in Sec. 24.709 of this part at the time the
application for assignment or transfer of control is filed, or the
proposed assignee or transferee holds other license(s) for frequency
blocks C and F and, at the time of receipt of such license(s), met the
eligibility criteria set forth in Sec. 24.709 of this part;
(3) The application is for partial assignment of a partitioned
service area to a rural telephone company pursuant to Sec. 24.714 of
this part and the proposed assignee meets the eligibility criteria set
forth in Sec. 24.709 of this part;
(4) The application is for an involuntary assignment or transfer of
control to a bankruptcy trustee appointed under involuntary bankruptcy,
an independent receiver appointed by a court of competent jurisdiction
in a foreclosure action, or, in the event of death or disability, to a
person or entity legally qualified to succeed the deceased or disabled
person under the laws of the place having jurisdiction over the estate
involved; provided that, the applicant requests a waiver pursuant to
this paragraph; or
(5) The assignment or transfer of control is pro forma.
(b) If the assignment or transfer of control of a license is
approved, the assignee or transferee is subject to the original
construction requirement of Sec. 24.203 of this part.
Sec. 24.844 [Removed]
Section 24.844 is removed.
PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICES
187. The authority citation for part 26 continues to read as
follows:
Authority: 47 U.S.C. Secs. 154, 301, 302, 303, 309 and 332,
unless otherwise noted.
188. Section 26.2 is amended by adding a sentence to the end of
paragraph (b) to read as follows:
Sec. 26.2 Other applicable rule parts.
* * * * *
(b) * * * Subpart F includes the rules for the Wireless
Telecommunications Services and the procedures for filing
electronically via the ULS.
* * * * *
189. Section 26.4 is amended by adding the following definition to
read as follows:
Sec. 26.4 Terms and definitions.
* * * * *
Universal Licensing System. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees
in the Wireless Radio Services, and provides public access to licensing
information.
* * * * *
190. Section 26.11 is amended by revising paragraph (a) to read as
follows:
Sec. 26.11 Initial authorization.
(a) An applicant must file a single application for an initial
authorization for all markets won and frequency blocks desired.
* * * * *
191. Section 26.104 is amended by revising paragraph (e) to read as
follows:
Sec. 26.104 Construction requirements.
* * * * *
(e) The licensee must notify the FCC electronically by using FCC
Form 601 via the ULS, no later than by the end of the five-and ten-year
periods,
[[Page 68954]]
respectively, that it has met the applicable service requirements. If
the licensee fails to respond within the allotted time, then the
authorization will automatically terminate.
192. Section 26.207 is revised to read as follows:
Sec. 26.207 Long-form applications.
Winning bidders will be required to submit a long-form application
on FCC form 601 within ten business days after being notified that they
are the winning bidder. A single application for all winning markets
must be filed. Applications on FCC Form 601 shall be submitted pursuant
to the procedures set forth in Subpart G of this Part and
Sec. 1.2107(c) and (d) of this chapter and any associated Public
Notices. Only auction winners will be eligible to file applications on
FCC Form 601 for initial GWCS licenses in the event of mutual
exclusivity between applicants filing Form 175.
193. Section 26.209 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 26.209 Eligibility for partitioned licenses.
* * * * *
(b) * * *
(2) Each rural telephone company that is a party to an agreement to
partition the license shall file, either electronically via the ULS or
with a paper form, a long-form application for its respective, mutually
agreed-upon geographic area together with the application for the
remainder of the Economic Area filed by the auction winner.
* * * * *
Sec. 26.303 [Removed]
194. Section 26.303 is removed.
Sec. 26.304 [Removed]
195. Section 26.304 is removed.
Sec. 26.305 [Removed]
196. Section 26.305 is removed.
Sec. 26.306 [Removed]
197. Section 26.306 is removed.
Sec. 26.307 [Removed]
198. Section 26.307 is removed.
Sec. 26.310 [Removed]
199. Section 26.310 is removed.
Sec. 26.311 [Removed]
200. Section 26.311 is removed.
Sec. 26.312 [Removed]
201. Section 26.312 is removed.
Sec. 26.313 [Removed]
202. Section 26.313 is removed.
Sec. 26.314 [Removed]
203. Section 26.314 is removed.
Sec. 26.315 [Removed]
204. Section 26.315 is removed.
Sec. 26.316 [Removed]
205. Section 26.316 is removed.
Sec. 26.317 [Removed]
206. Section 26.317 is removed.
Sec. 26.318 [Removed]
207. Section 26.318 is removed.
Sec. 26.319 [Removed]
208. Section 26.319 is removed.
Sec. 26.320 [Removed]
209. Section 26.320 is removed.
Sec. 26.322 [Removed]
210. Section 26.322 is removed.
211. Section 26.323 is amended by revising paragraph (a) to read as
follows:
Sec. 26.323 Post-auction divestitures.
* * * * *
(a) The GWCS applicant shall submit electronically via the ULS, a
signed statement with its long-form application (FCC Form 601) stating
that sufficient properties will be divested within ninety days of the
license grant. If the licensee is otherwise qualified, the Commission
will grant the applications subject to a condition that the licensee
come into compliance with the GWCS spectrum aggregation limits within
90 days of grant of the license.
* * * * *
Sec. 26.324 [Removed]
212. Section 26.324 is removed.
Sec. 26.325 [Removed]
213. Section 26.325 is removed.
Sec. 26.326 [Removed]
214. Section 26.326 is removed.
PART 27--WIRELESS COMMUNICATIONS SERVICES
215. The authority citation for part 27 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332,
unless otherwise noted.
216. Section 27.3 is amended by adding a sentence to the end of
paragraph (b) to read as follows:
Sec. 27.3 Other applicable rule parts.
* * * * *
(b) * * * Subpart F includes the rules for the Wireless
Telecommunications Services and the procedures for filing
electronically via the ULS.
* * * * *
217. Section 27.4 is amended by adding the following definition to
read as follows:
Sec. 27.4 Terms and definitions.
* * * * *
Universal Licensing System. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees
in the Wireless Radio Services, and provides public access to licensing
information.
* * * * *
218. Section 27.11 is amended by revising paragraph (a) to read as
follows:
Sec. 27.11 Initial authorization.
(a) An applicant must file a single application for an initial
authorization for all markets won and frequency blocks desired.
* * * * *
219. Section 27.15 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 27.15 Geographic partitioning and spectrum disaggregation.
* * * * *
(b) Technical Standards--(1) Partitioning. In the case of
partitioning, applicants and licensees must file FCC Form 603 pursuant
to section 1.948 and list the partitioned service area on a schedule to
the application. The geographic coordinates must be specified in
degrees, minutes, and seconds to the nearest second of latitude and
longitude and must be based upon the 1983 North American Datum (NAD83).
* * * * *
Sec. 27.59 [Removed]
220. Section 27.59 is removed.
Sec. 27.61 [Removed]
221. Section 27.61 is removed.
Sec. 27.62 [Removed]
222. Section 27.62 is removed.
Sec. 27.207 [Removed]
223. Section 27.207 is removed.
Sec. 27.301 [Removed]
224. Section 27.301 is removed.
Sec. 27.303 [Removed]
225. Section 27.303 is removed.
Sec. 27.304 [Removed]
226. Section 27.304 is removed.
Sec. 27.306 [Removed]
227. Section 27.306 is removed.
Sec. 27.307 [Removed]
228. Section 27.307 is removed.
[[Page 68955]]
Sec. 27.310 [Removed]
229. Section 27.310 is removed.
Sec. 27.311 [Removed]
230. Section 27.311 is removed.
Sec. 27.312 [Removed]
231. Section 27.312 is removed.
Sec. 27.313 [Removed]
232. Section 27.313 is removed.
Sec. 27.314 [Removed]
233. Section 27.314 is removed.
Sec. 27.315 [Removed]
234. Section 27.315 is removed.
Sec. 27.316 [Removed]
235. Section 27.316 is removed.
Sec. 27.317 [Removed]
236. Section 27.317 is removed.
Sec. 27.319 [Removed]
237. Section 27.319 is removed.
Sec. 27.320 [Removed]
238. Section 27.320 is removed.
Sec. 27.322 [Removed]
239. Section 27.322 is removed.
Sec. 27.324 [Removed]
240. Section 27.324 is removed.
Sec. 27.325 [Removed]
241. Section 27.325 is removed.
PART 80--STATIONS IN THE MARITIME SERVICES
242. The authority citation for Part 80 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, and 303, unless otherwise noted. Interpret or apply 48
Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609;
3 UST 3450, 3 UST 4726, 12 UST 2377.
243. Section 80.3 is amended by revising paragraph (k) to read as
follows:
Sec. 80.3 Other applicable rule parts of this chapter.
* * * * *
(k) Part 101. This part contains rules concerning the private
microwave service relating to point-to-point communication
requirements.
Sec. 80.19 [Removed]
244. Section 80.19 is removed.
245. Section 80.21 is amended by revising the introductory text,
removing paragraphs (a) (b), and (f) and redesignating paragraphs (c),
(d), and (e) as (a), (b), and (c) respectively, and revising
redesignated paragraph (c) to read as follows:
Sec. 80.21 Supplemental information required.
Applications must contain supplementary information as indicated in
this section. Other supplemental information may be required by other
rule sections of this part concerning particular maritime services.
(a) * * *
(c) A new station on a vessel not located in the United States must
not be documented or otherwise registered by any foreign authority. The
foreign authorities where the vessel is located will not or cannot
license the vessel radio equipment and can not object to the licensing
of the equipment by the United States. An applicant must provide
verification of these facts upon request by the Commission.
Sec. 80.23 [Removed]
246. Section 80.23 is removed.
247. Section 80.25 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 80.25 License term.
(a) Licenses for ship stations in the maritime services will
normally be issued for a term of ten years from the date of original
issuance, or renewal.
(b) Licenses other than ship stations in the maritime services will
normally be issued for a term of five years from the date of original
issuance or renewal, except that licenses for VHF public coast stations
will normally be issued for a term of ten years from the date of
original issuance or renewal.
* * * * *
Sec. 80.29 [Removed]
248. Section 80.29 is removed.
249. Section 80.31 is revised to read as follows:
Sec. 80.31 Cancellation of license.
Wireless telecommunications carriers subject to this part must
comply with the discontinuance of service provisions of part 63 of this
chapter.
250. Section 80.33 is amended by revising the introductory text of
paragraphs (b) and (c) to read as follows:
Sec. 80.33 Developmental license.
(b) Showing required. Each application for a developmental license
must be accompanied by the following showing:
* * * * *
(c) Statement of understanding. The showing must state that the
applicant agrees that any developmental license issued will be accepted
with the express understanding that it is subject to change in any of
its terms or to cancellation in its entirety at any time, upon
reasonable notice but without a hearing, if, in the opinion of the
Commission, circumstances should so require.
* * * * *
251. Section 80.45 is revised to read as follows:
Sec. 80.45 Frequencies.
For applications other than ship stations, the applicant must
propose frequencies and ensure that those requested frequencies are
consistent with the applicant's eligibility, the proposed class of
station operation, and the frequencies available for assignment as
contained in subpart H of this part.
252. Section 80.49 is revised to read as follows:
Sec. 80.49 Construction and regional service requirements.
(a) Public coast stations. (1) Each VHF public coast station
geographic area licensee must notify the Commission of substantial
service within its region or service area (subpart P) within five years
of the initial license grant, and again within ten years of the initial
license grant in accordance with Sec. 1.946 of this chapter.
``Substantial'' service is defined as service which is sound,
favorable, and substantially above a level of mediocre service which
just might minimally warrant renewal. For site-based VHF public coast
station licensees, when a new license has been issued or additional
operating frequencies have been authorized, the licensee must notify
the Commission in accordance with Sec. 1.946 of this chapter that the
station or frequencies authorized have been placed in operation within
twelve months from the date of the grant.
(2) For LF, MF, HF, and AMTS band public coast station licensees,
when a new license has been issued or additional operating frequencies
have been authorized, the licensee must notify the Commission in
accordance with Sec. 1.946 of this chapter that the station or
frequencies authorized have been placed in operation within eight
months from the date of the grant.
(b) Public fixed stations. When a new license has been issued or
additional operating frequencies have been authorized, the licensee
must notify the Commission in accordance with Sec. 1.946 of this
chapter that the station or frequencies authorized have been placed in
operation within twelve months from the date of the grant.
Sec. 80.51 [Amended]
253. Section 80.51 is amended by removing and reserving paragraph
(a).
[[Page 68956]]
254. Section 80.53 is revised to read as follows:
Sec. 80.53 Application for a portable ship station license.
The Commission may grant a license permitting operation of a
portable ship station aboard different vessels of the United States.
Sec. 80.56 [Removed]
255. Section 80.56 is removed.
256. Section 80.57 is amended by revising paragraph (b)(6) and the
first sentence of paragraph (c)(6) to read as follows:
Sec. 80.57 Canada/U.S.A. channeling arrangements for VHF maritime
public correspondence.
* * * * *
(b) * * *
(6) Inland waters of western Washington and British Columbia
bounded by 46 deg.59'59.3'' north latitude on the south, the Canada/
U.S.A. Coordination Zone Line B on the south, and to the west by
124 deg.40'4.7'' west latitude at the west entrance to the Strait of
Juan de Fuca.
Note: All coordinates are referenced to North American Datum
1983 (NAD83).
* * * * *
(c) * * *
(6) To keep the ERP and antenna elevations at a minimum and to
limit coverage to the desired areas, an informal application may be
filed for special temporary authority in accordance with Secs. 1.41 and
1.931 of this chapter to conduct a field survey to obtain necessary
data for informal application. * * *
* * * * *
257. Section 80.59 is amended by revising paragraph (c) to read as
follows:
Sec. 80.59 Compulsory ship inspections.
* * * * *
(c) Application for exemption. (1) Applications for exemption from
the radio provisions of part II or III of title III of the
Communications Act, the Safety Convention, or the Great Lakes Radio
Agreement, or for modification or renewal of an exemption previously
granted must be filed as a waiver request using FCC Form 605. Waiver
requests must include the following information:
(i) Name of ship;
(ii) Call sign of ship;
(iii) Official number of ship;
(iv) Gross tonnage of ship;
(v) The radio station requirements from which the exemption is
requested:
(A) Radiotelephone (VHF/MF);
(B) Radiotelegraph; and/or
(C) Radio direction finding apparatus;
(vi) File number of any previously granted exemption;
(vii) Detailed description of the voyages for which the exemption
is requested, including:
(A) Maximum distance from nearest land in nautical miles;
(B) Maximum distance between two consecutive ports in nautical
miles; and
(C) Names of all ports of call and an indication of whether travel
will include a foreign port;
(viii) Reasons for the exemption:
(A) Size of vessel;
(B) Variety of radio equipment on board;
(C) Limited routes; and/or
(D) Conditions of voyages;
(ix) A copy of the U.S. Coast Guard Certificate of Inspection an
indication of whether the vessel is certified as a Passenger or Cargo
ship (for passenger ships, list the number of passengers the ship is
licensed to carry); and
(x) Type and quantity of radio equipment on board, including:
(A) VHF Radio Installation (indicate if GMDSS approved);
(B) Single Side-Band (SSB) (indicate the band of operation, MF or
HF and indicate if GMDSS approved);
(C) Category 1, 406 MHz EPIRB (GMDSS approved);
(D) NAVTEX Receiver (GMDSS approved);
(E) Survival Craft VHF (GMDSS approved);
(F) 9 GHz Radar Transponder (GMDSS approved);
(G) Ship Earth Station;
(H) 500 kHz Distress Frequency Watch Receiver;
(I) 2182 Radiotelephone Auto Alarm;
(J) Reserve Power Supply (capability); and
(K) Any other equipment.
(2) Feeable applications for exemption must be filed with Mellon
Bank, Pittsburgh, Pennsylvania at the address set forth in Sec. 1.1102.
Waiver requests that do not require a fee should be submitted via the
Universal Licensing System or to: Federal Communications Commission,
1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Emergency
requests must be filed with the Federal Communications Commission,
Office of the Secretary, 1919 M Street, NW., room 222, Washington, DC
20554.
Note: With emergency requests, do not send the fee, you will be
billed.
* * * * *
258. Section 80.469 is amended by revising paragraph (c) to read as
follows:
Sec. 80.469 Maritime mobile repeater stations in Alaska.
* * * * *
(c) Maritime mobile repeater stations may not be authorized in
cases where operational fixed frequencies can be employed.
* * * * *
259. Section 80.511 is amended by revising paragraph (c) to read as
follows:
Sec. 80.511 Assignment limitations.
* * * * *
(c) An applicant for an additional frequency based on congestion of
the assigned frequency may be asked by the Commission to show that for
any four periods of five consecutive days each, in the preceding six
months, the assigned frequency was in use at least twenty-five percent
of the time during three hours of daily peak activity.
260. Section 80.513 is amended by revising the first sentence of
paragraph (c)(1) to read as follows:
Sec. 80.513 Frequency coordination.
* * * * *
(c)(1) In lieu of the field study, the applicant may acquire a
statement from a frequency coordinating committee. The applicant must
certify on the application concerning the recommendations of the
coordinating committee. * * *
* * * * *
261. Section 80.514 is amended by revising the introductory text to
read as follows:
Sec. 80.514 Marine VHF frequency coordinating committee(s).
This section contains the names of organizations that have been
recognized by the Commission to serve as marine VHF frequency
coordinating committees for their respective areas.
* * * * *
262. Section 80.553 is amended by revising the undesignated
introductory paragraph to read as follows:
Sec. 80.553 Supplemental eligibility requirements.
An applicant for an operational fixed station must certify that:
* * * * *
263. Section 80.605 is amended by revising paragraphs (a), (c)(9),
and the last sentence of paragraph (d) to read as follows:
Sec. 80.605 U.S. Coast Guard coordination.
(a) Radionavigation coast stations operated to provide information
to aid in the movement of any ship are private aids to navigation.
Before submitting an application for a radionavigation station, an
applicant must obtain written permission from the cognizant Coast Guard
District Commander at the area in which the device will be located.
[[Page 68957]]
The Commission may request an applicant to provide documentation as to
this fact. Note: Surveillance radar coast stations do not require U.S.
Coast Guard approval.
* * * * *
(c) * * *
(9) The maximum station e.i.r.p. if it would exceed 5 watts. The
Commission may request an applicant to provide a copy of the request
and the U.S. Coast Guard approval.
* * * * *
(d) * * * The Commission may request an applicant to provide a copy
of the request and the U.S. Coast Guard approval.
PART 87--AVIATION SERVICES
264. The authority citation for Part 87 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
and 307(e), unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
265. Section 87.17 is revised to read as follows:
Sec. 87.17 Scope.
Part 1 of the Commission's rules contains the general rules of
practice and procedure applicable to proceedings before the Commission
and for the filing of applications for radio station licenses in the
aviation services. Specific guidance for each type of radio service
license in aviation services is set forth in this part.
Sec. 87.21 [Removed]
266. Section 87.21 is removed.
Sec. 87.23 [Removed]
267. Section 87.23 is removed.
268. Section 87.25 is amended by removing undesignated introductory
text and revising paragraph (b) to read as follows:
Sec. 87.25 Filing of applications.
* * * * *
(b) An application must be filed with the Commission in accordance
with part 1, subpart F of this chapter. Applications requiring fees as
set forth at part 1, subpart G of this chapter must be filed in
accordance with Sec. 0.401(b) of the rules.
* * * * *
269. Section 87.27 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 87.27 License term.
(a) Licenses for aircraft stations will normally be issued for a
term of ten years from the date of original issuance, or renewal.
(b) Licenses other than aircraft stations in the aviation services
will normally be issued for a term of five years from the date of
original issuance, or renewal.
* * * * *
Sec. 87.31 [Removed]
270. Section 87.31 is removed.
Sec. 87.33 [Removed]
271. Section 87.33 is removed.
272.Section 87.35 is revised to read as follows:
Sec. 87.35 Cancellation of license.
When a station permanently discontinues operation the station
license must be canceled in accordance with the procedures set forth in
part 1 of this chapter.
273. Section 87.37 is amended by revising introductory text in
paragraph (a) to read as follows:
Sec. 87.37 Developmental license.
* * * * *
(a) Showing required. Each application for a developmental license
must be accompanied by the following showing:
* * * * *
274. Section 87.45 is revised to read as follows:
Sec. 87.45 Time in which station is placed in operation.
This section applies only to unicom stations and radionavigation
land stations, excluding radionavigation land test stations. When a new
license has been issued or additional operating frequencies have been
authorized, the station or frequencies must be placed in operation no
later than eight months from the date of grant. The licensee must
notify the Commission in accordance with Sec. 1.946 of this chapter
that the station or frequencies have been placed in operation.
Sec. 87.51 [Amended]
275. Section 87.51 is amended by removing and reserving paragraph
(a).
Sec. 87.79 [Removed]
276. Section 87.79 is removed.
Sec. 87.137 [Amended]
277. Section 87.137 is amended by removing paragraph (d).
278. Section 87.187 is amended by revising paragraphs (bb) and (cc)
to read as follows:
Sec. 87.187 Frequencies.
* * * * *
(bb) The frequencies 121.950 MHz, 122.850 MHz and 127.050 \1\ MHz
are authorized for air-to-air use for aircraft up to and including 3 km
(10,000 ft) mean sea level in the vicinity of Grand Canyon National
Park in Arizona within the area bounded by the following coordinates
(all coordinates are referenced to North American Datum 1983 (NAD83)):
---------------------------------------------------------------------------
\1\ Until further notice this frequency is available for air-to-
air use as described in the Grand Canyon vicinity. Availability is a
result of the FAA's assignment of this frequency. If the FAA
reassigns this frequency the Commission may require air-to-air use
to cease.
36-27-59.9 N. Lat; 112-47-2.7 W. Long.
36-27-59.9 N. Lat; 112-48-2.7 W. Long.
35-50-00.0 N. Lat; 112-48-2.7 W. Long.
35-43-00.0 N. Lat; 112-47-2.7 W. Long.
(cc) The frequency 120.650 MHz 2 is authorized for air-
to-air use for aircraft up to and including 3 km (10,000 ft) mean sea
level within the area bounded by the following coordinates (all
coordinates are referenced to North American Datum 1983 (NAD83)):
35-59-44.9 N. Lat; 114-51-48.0 W. Long.
36-09-29.9 N. Lat; 114-50-3.0 W. Long.
36-09-29.9 N. Lat; 114-02-57.9 W. Long.
35-54-45.0 N. Lat; 113-48-47.8 W. Long.
279. Section 87.215 is amended by revising the last sentence of
paragraph (d) to read as follows:
Sec. 87.215 Supplemental eligibility.
* * * * *
(d) * * * Each applicant must certify upon application that either
notice has been given and include the date of notification, or notice
is not required because the applicant owns the airport and there are no
organizations that should be notified.
280. Section 87.239 is revised to read as follows:
Sec. 87.239 Supplemental eligibility.
Each applicant for a multicom may be required to demonstrate why
such a station is necessary, based on the scope of service defined
above.
281. Section 87.301 is amended by revising paragraph (b) to read as
follows:
Sec. 87.301 Supplemental eligibility.
* * * * *
(b) Each application must include a certification sufficient to
establish the applicant's eligibility under the criteria in paragraph
(a) of this section.
282. Section 87.307 is amended by revising the introductory text of
paragraph (d) to read as follows:
Sec. 87.307 Cooperative use of facilities.
* * * * *
[[Page 68958]]
(d) Applicants for an additional flight test land station at an
airport where such a station is already authorized may be required to
submit a factual showing to include the following:
* * * * *
283. Section 87.321 is revised to read as follows:
Sec. 87.321 Supplemental eligibility.
Each applicant must certify as to its eligibility under the scope
of service described above.
284. Section 87.323 is amended by revising the third sentence of
paragraph (b) to read as follows:
Sec. 87.323 Frequencies.
* * * * *
(b) * * * The application must specify the FAA Region notified and
the date notified. * * *
* * * * *
285. Section 87.347 is amended by revising paragraphs (b)(1),
(b)(2), (b)(3) and (c) to read as follows:
Sec. 87.347 Supplemental eligibility.
* * * * *
(b) * * *
(1) Have a need to routinely operate a ground vehicle on the
airport movement area;
(2) Maintain a list of the vehicle(s) in which the station is to be
located;
(3) Certify on the application that either the applicant is the
airport owner or operator, or a state or local government aeronautical
agency, or that the airport owner or operator has granted permission to
operate the vehicle(s) on the airport movement area.
(c) An applicant for an aeronautical utility station requesting
authority to transmit on the local control (tower) frequency or on the
control tower remote communications outlet (RCO) frequency must certify
that the Air Traffic Manager of the airport control tower approves the
requested use of the tower or RCO frequency.
286. Section 87.419 is amended by revising paragraph (b) to read as
follows:
Sec. 87.419 Supplemental eligibility.
* * * * *
(b) Each applicant must notify the appropriate FAA Regional Office
prior to submitting an application to the Commission.
287. Section 87.421 is amended by revising paragraph (b) to read as
follows:
Sec. 87.421 Frequencies.
* * * * *
(b) Frequencies in the bands 200.0-285.0 and 325.0-405.0 kHz will
normally be assigned only to control towers and RCOs authorized to
operate on at least one VHF frequency. The Commission may assign
frequencies in these bands to entities that do not provide VHF service
in cases where granting such an application will not adversely affect
life and property in the air.
* * * * *
288. Section 87.423 is revised to read as follows:
Sec. 87.423 Hours of operation.
The control tower must render a communications service 24 hours a
day unless the Commission determines, in coordination with the NTIA
IRAC, that reduced hours of service will not adversely affect life and
property in the air.
289. Section 87.447 is amended by revising the introductory
paragraph to read as follows:
Sec. 87.447 Supplemental eligibility.
An applicant for an operational fixed station must certify that:
* * * * *
Sec. 87.473 [Amended]
290. Section 87.473 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as (a) and (b) respectively.
291. Section 87.475 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 87.475 Frequencies.
(a) * * * Each application must include the FAA Regional Office
notified and date of notification.
* * * * *
292. Section 87.481 is amended by revising the introductory text in
paragraph (a) and paragraph (a)(4) to read as follows:
Sec. 87.481 Unattended operation of domestic radiobeacon stations.
(a) Radiobeacons may be licensed for unattended operation. An
applicant must comply with the following:
* * * * *
(4) A properly authorized person must be able to reach the
transmitter and disable it in a reasonable amount of time, so as not to
adversely affect life or property in the air;
* * * * *
293 Section. 87.527 is amended by revising paragraph (b) to read as
follows:
Sec. 87.527 Supplemental eligibility.
* * * * *
(b) Eligibility for an automatic weather observation station or an
automatic terminal information station is limited to the owner or
operator of an airport or to a person who has entered into a written
agreement with the owner or operator for exclusive rights to operate
and maintain the station. A copy of the agreement must be kept with the
station's records.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
294. The authority citation for Part 90 continues to read as
follows:
Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless
otherwise noted.
295. Section 90.5 is amended by revising paragraphs (b), (i)(1) and
(m) to read as follows.
Sec. 90.5 Other applicable rule parts.
* * * * *
(b) Part 1 of this chapter includes rules of practice and procedure
for the filing of applications for stations to operate in the Wireless
Telecommunications Services, adjudicatory proceedings including hearing
proceedings, and rulemaking proceedings; procedures for reconsideration
and review of the Commission's actions; provisions concerning violation
notices and forfeiture proceedings; and the environmental processing
requirements that, if applicable, must be complied with prior to
initiating construction.
* * * * *
(i) * * *
(1) Industrial/business pool.
* * * * *
(m) Part 101 governs the operation of fixed microwave services.
296. Section 90.7 is amended by revising the last sentence of the
definition for ``EA-based or EA license'' and adding new definitions
for a ``Mutually exclusive application'' and ``Universal Licensing
System (ULS)'' to read as follows:
Sec. 90.7 Definitions.
* * * * *
EA-based or EA License. * * * The EA Listings and the EA Map are
available for public inspection at the Wireless Telecommunications
Bureau public reference room, Room 5608, 2025 M St., NW, Washington, DC
20554.
* * * * *
Mutually exclusive application. Two or more pending applications
are mutually exclusive if the grant of one application would
effectively preclude the grant of one or more of the others under
Commission rules governing the services involved.
* * * * *
[[Page 68959]]
Universal Licensing System (ULS). The consolidated database,
application filing system and processing system for all Wireless
Telecommunications Services. The ULS offers Wireless Telecommunications
Bureau (WTB) applicants and the general public electronic filing of all
applications requests, and full public access to all WTB licensing
data.
* * * * *
297. Section 90.22 is revised to read as follows:
Sec. 90.22 Paging operations.
Paging operations may be authorized in this service only on
frequencies assigned under the provisions of Secs. 90.20(d) (10), (13),
(60), and (72). Paging operations on other frequencies authorized
before August 15, 1974, may be continued only if they do not cause
harmful interference to regular operations on the same frequencies.
Such paging operations may be renewed indefinitely on a secondary basis
to regular operations, except within 125 kilometers (75 mi.) of the
following urbanized areas (coordinates are referenced to North American
Datum 1983 (NAD83)):
------------------------------------------------------------------------
Urbanized area North latitude West longitude
------------------------------------------------------------------------
New York, NY-Northeastern NJ............ 40-45-06.4 73-59-37.5
Los Angeles-Long Beach, CA.............. 34-03-15.0 118-14-31.3
Chicago, IL............................. 41-52-28.1 87-38-22.2
Philadelphia, PA-NJ..................... 39-56-58.4 75-09-19.6
Detroit, MI............................. 42-19-48.1 83-02-56.7
San Francisco-Oakland, CA............... 37-46-38.7 122-24-43.9
Boston, MA.............................. 42-21-24.4 71-03-23.2
Washington, DC-MD-VA.................... 38-53-51.4 77-00-31.9
Cleveland, OH........................... 41-29-51.2 81-41-49.5
St Louis, MO-IL......................... 38-37-45.2 90-12-22.4
Pittsburgh, PA.......................... 40-26-19.2 79-59-59.2
Minneapolis-St Paul, MN................. 44-58-56.9 93-15-43.8
Houston, TX............................. 29-45-26.8 95-21-37.8
Baltimore, MD........................... 39-17-26.4 76-36-43.9
Dallas, TX.............................. 32-47-09.5 96-47-38.0
Milwaukee, WI........................... 43-02-19.0 87-54-15.3
Seattle-Everett, WA..................... 47-36-31.4 122-20-16.5
Miami, FL............................... 25-46-38.4 80-11-31.2
San Diego, CA........................... 32-42-53.2 117-09-24.1
Atlanta, GA............................. 33-45-10.4 84-23-36.7
Cincinnati, OH-KY....................... 39-06-7.2 84-30-34.8
Kansas City, MO-KS...................... 39-04-56.0 94-35-20.8
Buffalo, NY............................. 42-52-52.2 78-52-20.1
Denver, CO.............................. 39-44-58.0 104-59-23.9
------------------------------------------------------------------------
Sec. 90.35 [Amended]
298. Section 90.35 is amended by revising paragraph (c)(61)(iv) to
read as follows:
* * * * *
(c) * * *
(61) * * *
(iv) The airports and their respective reference coordinates are
(coordinates are referenced to North American Datum 1983 (NAD83)):
----------------------------------------------------------------------------------------------------------------
Reference coordinates
City and airport -----------------------------------------------------------------------
N. latitude W. longitude
----------------------------------------------------------------------------------------------------------------
Akron, OH:
Akron-Canton Regional (CAK)......... 40 deg.55'01.2'' 81 deg.26'29.4''
Albany-Troy-Schenectady, NY:
Albany County (ALB)................. 42 deg.44'53.3'' 73 deg.48'10.4''
Albuquerque, NM:
Albuquerque International (ABQ)..... 35 deg.02'30.2'' 106 deg.36'25.1''
Allentown-Bethlehem, PA:
Allentown-Bethlehem-Easton (ABE).... 40 deg.39'11.4'' 75 deg.26'23.7''
Anchorage, AK:
Anchorage International (ANC)....... 61 deg.10'28.0'' 149 deg.59'46.0''
Atlanta, GA:
Atlanta International (ATL)......... 33 deg.38'25.4'' 84 deg.25'36.7''
Dekalb-Peachtree (PDK).............. 33 deg.52'30.4'' 84 deg.18'07.7''
Fulton County (FTY)................. 33 deg.46'45.4'' 84 deg.31'16.8''
Baltimore, MD:
Baltimore-Washington Int'l ( BWI)... 39 deg.10'30.4'' 76 deg.40'08.9''
Birmingham, AL:
Birmingham Municipal (BHM).......... 33 deg.33'50.4'' 86 deg.45'16.0''
Boston, MA:
Logan International (BOS)........... 42 deg.21'51.4'' 71 deg.00'19.2''
Bridgeport, CT:
Sikorsky Memorial (BDR)............. 41 deg.09'49.4'' 73 deg.07'33.4''
Buffalo, NY:
[[Page 68960]]
Greater Buffalo Int'l (BUF)......... 42 deg.56'26.2'' 78 deg.43'56.1''
Canton, OH:
Akron-Canton Regional (CAK)......... 40 deg.55'01.2'' 81 deg.26'29.4''
Charlotte, NC:
Charlotte-Douglas Int'l (CLT)....... 35 deg.12'52.5'' 80 deg.56'36.3''
Chattanooga, TN:
Lovell (CHA)........................ 35 deg.02'07.3'' 85 deg.12'14.8''
Chicago, IL-Northwest, IN:
Chicago-Wheeling-Palwaukee (PWK).... 42 deg.06'48.1'' 87 deg.54'03.2''
Meigs (CGX)......................... 41 deg.51'32.1'' 87 deg.36'28.2''
Michiana Regional (SBN)............. 41 deg.42'18.2'' 86 deg.18'59.0''
Midway (MDW)........................ 41 deg.47'10.1'' 87 deg.45'08.2''
O'Hare International (ORD).......... 41 deg.58'48.1'' 87 deg.54'16.2''
West Chicago-Dupage (DPE)........... 41 deg.54'52.1'' 88 deg.14'47.3''
Cincinnati, OH:
Greater Cincinnati Int'l (CVG)...... 39 deg.14'59.2'' 84 deg.25'07.8''
Lunken (LUK)........................ 39 deg.06'12.2'' 84 deg.23'13.8''
Cleveland, OH:
Burke Lakefront (BKL)............... 41 deg.31'03.2'' 81 deg.41'00.5''
Cuyahoga County (CGF)............... 41 deg.33'54.2'' 81 deg.29'10.4''
Hopkins International (CLE)......... 41 deg.24'38.2'' 81 deg.50'57.5''
Columbus, OH:
Port Columbus Int'l (CMH)........... 39 deg.59'42.2'' 82 deg.53'10.6''
Dallas, TX:
Addison (ADS)....................... 32 deg.58'06.4'' 96 deg.50'11.0''
Dallas-Ft. Worth Regional (DFW)..... 32 deg.53'45.5'' 97 deg.02'11.0''
Dallas-Love Field (DAL)............. 32 deg.50'49.5'' 96 deg.51'06.0''
Red Bird (RBD)...................... 32 deg.40'49.5'' 96 deg.52'03.0''
Davenport, IA (Rock Island, Moline, IL):
Davenport Municipal (DVN)........... 41 deg.36'42.1'' 90 deg.35'21.5''
Quad City (MLI)..................... 41 deg.26'56.1'' 90 deg.30'35.5''
Dayton, OH:
Dayton International (DAY).......... 39 deg.54'04.2'' 84 deg.13'11.8''
Denver, CO:
Centennial (APA).................... 39 deg.34'19.0'' 104 deg.50'55.9''
Colorado Springs Municipal (COS).... 38 deg.48'31.0'' 104 deg.42'36.9''
Denver-Jeffco (BJC)................. 39 deg.54'28.0'' 105 deg.26'55.0''
Stapleton International (DEN)....... 39 deg.46'22.0'' 104 deg.52'39.9''
Des Moines, IA:
Des Moines Municipal (DSM).......... 41 deg.32'06.0'' 93 deg.39'38.8''
Detroit, MI:
Detroit City (DET).................. 42 deg.24'33.1'' 83 deg.00'35.7''
Detroit Metro-Wayne County (DTW).... 42 deg.12'55.1'' 83 deg.20'54.8''
Oakland-Pontiac (PTK)............... 42 deg.39'54.1'' 83 deg.25'04.8''
Willow Run (YIP).................... 42 deg.14'16.1'' 83 deg.31'49.8''
El Paso, TX:
El Paso International (ELP)......... 31 deg.48'24.4'' 106 deg.22'39.9''
Flint, MI:
Bishop (FNT)........................ 42 deg.57'56.1'' 83 deg.44'36.8''
Ft. Lauderdale-Hollywood, FL:
Ft. Lauderdale Executive (FXE)...... 26 deg.11'50.3'' 80 deg.10'14.2''
Ft. Lauderdale-Hollywd Int'l (FLL).. 26 deg.04'20.3'' 80 deg.09'12.2''
Ft. Worth, TX:
Meacham (FTW)....................... 32 deg.49'09.5'' 97 deg.21'42.1''
Fresno, CA:
Chandler Downtown (FCH)............. 36 deg.43'55.8'' 119 deg.49'11.5''
Fresno Air Terminal (FAT)........... 36 deg.46'35.8'' 119 deg.43'05.5''
Grand Rapids, MI:
Kent County Int'l (GRR)............. 42 deg.52'57.1'' 85 deg.31'26.1''
Hana, HI:
Hana (HNN).......................... 20 deg.47'44.5'' 156 deg.00'51.9''
Harrisburg, PA:
Capital City (CXY).................. 40 deg.13'01.3'' 76 deg.51'04.9''
Harrisburg Int'l (MDT).............. 40 deg.11'36.3'' 76 deg.45'47.9''
Hartford, CT (Windsor Locks):
Bradley Int'l (BDL)................. 41 deg.56'20.3'' 72 deg.40'59.3''
Hartford-Brainard (HFD)............. 41 deg.44'10.4'' 72 deg.39'00.3''
Hilo, HI:
General Lyman Field (ITO)........... 19 deg.43'13.1'' 155 deg.02'55.0''
Honolulu, HI:
Honolulu International (HNL)........ 21 deg.19'08.6'' 157 deg.55'17.1''
Houston, TX:
[[Page 68961]]
W.P. Hobby (HOU).................... 29 deg.38'43.8'' 95 deg.16'43.8''
D.W. Hooks Memorial (DWH)........... 30 deg.03'50.8'' 95 deg.33'11.8''
Houston Intercontinental (IAH)...... 29 deg.58'55.8'' 95 deg.20'45.8''
Indianapolis, IN:
Indianapolis Int'l (IND)............ 39 deg.43'32.2'' 86 deg.17'02.0''
Jacksonville, FL:
Craig Municipal (CRG)............... 30 deg.20'10.9'' 81 deg.30'52.3''
Jacksonville Int'l (JAX)............ 30 deg.29'33.9'' 81 deg.41'23.4''
Kahului, HI:
Kahului (OGG)....................... 20 deg.53'55.4'' 156 deg.25'48.9''
Kailula-Kona, HI:
Ke-Ahole (KOA)...................... 19 deg.43'57.3'' 156 deg.24'56.0''
Kameula, HI:
Waimea-Kohala (MUE)................. 20 deg.00'05.0'' 155 deg.40'05.0''
Kansas City, MO-KS:
Fairfax Municipal (KCK)............. 39 deg.08'50.0'' 94 deg.56'14.9''
Kansas City Int'l (MCI)............. 39 deg.17'57.0'' 94 deg.43'04.9''
Kansas City Municipal Dntn (MKC).... 39 deg.07'24.0'' 94 deg.35'33.8''
Richard-Gebaur (GBW)................ 38 deg.50'37.0'' 94 deg.33'37.8''
Kauna Kakai, HI:
Molokai (MKK)....................... 21 deg.09'10.7'' 157 deg.54'57.1''
Las Vegas, NV:
McCarran Int'l (LAS)................ 36 deg.04'57.9'' 115 deg.09'16.0''
Lihue, HI:
Lihue (LIH)......................... 21 deg.58'30.7'' 159 deg.20'29.9''
Los Angeles, CA:
Burbank-Glendale-Pasadena (BUR)..... 34 deg.21'02.0'' 118 deg.21'30.3''
Catalina (AVX)...................... 33 deg.24'20.1'' 118 deg.24'53.3''
Long Beach-Daugherty Field (LGB).... 33 deg.49'03.1'' 118 deg.09'06.2''
Los Angeles Int'l (LAX)............. 33 deg.56'33.0'' 118 deg.24'29.3''
Ontario Int'l (ONT)................. 34 deg.03'22.0'' 117 deg.36'14.2''
Santa Ana-John Wayne-Orange County 33 deg.40'32.1'' 117 deg.52'05.2''
(SNA).
Louisville, KY:
Standiford Field (SDF).............. 38 deg.10'40.3'' 85 deg.44'10.9''
Memphis, TN:
Memphis Int'l (MEM)................. 35 deg.02'59.3'' 89 deg.58'43.3''
Miami, FL:
Miami Int'l (MIA)................... 25 deg.47'35.4'' 80 deg.17'25.2''
Opa Locka (OPF)..................... 25 deg.54'26.3'' 80 deg.16'49.2''
Tamiami (TMB)....................... 25 deg.38'52.4'' 80 deg.25'58.2''
Milwaukee, WI:
General Mitchell (MKE).............. 42 deg.56'49.1'' 87 deg.53'49.3''
Minneapolis-St. Paul, MN:
Minneapolis-St. Paul (MSP).......... 44 deg.53'02.9'' 93 deg.12'54.8''
Mobile, AL:
Bates Field (MOB)................... 30 deg.41'23.7'' 88 deg.14'31.0''
Nashville, TN:
Nashville Metropolitan (BNA)........ 36 deg.07'37.2'' 86 deg.40'53.0''
New Haven, CT:
Tweed-New Haven Municipal (HVN)..... 41 deg.15'50.3'' 72 deg.53'13.4''
Neworleans, LA:
Lakefront (NEW)..................... 30 deg.02'33.7'' 90 deg.01'41.3''
New Orleans Int'l (MSY)............. 29 deg.59'34.7'' 90 deg.15'23.3''
Newport News-Hampton, VA:
Patrick Henry Int'l (PHF)........... 37 deg.07'54.5'' 76 deg.29'34.8''
New York-Northeast, NJ:
Farmingdale Republic (FRG).......... 40 deg.43'43.4'' 73 deg.24'48.4''
JFK International (JFK)............. 40 deg.38'25.4'' 73 deg.46'40.5''
LaGuardia (LGA)..................... 40 deg.46'38.4'' 73 deg.52'25.5''
Long Island-McArthur (ISP).......... 40 deg.47'44.4'' 73 deg.05'58.4''
Morristown Municipal (NJ) (MMU)..... 40 deg.47'57.4'' 74 deg.24'53.5''
Newark Int'l (FWR).................. 40 deg.41'35.4'' 74 deg.10'05.5''
Teterboro (NJ) (TEB)................ 40 deg.51'00.4'' 74 deg.03'39.5''
Norfolk-Portsmouth, VA:
Norfolk Int'l (ORF)................. 36 deg.53'40.5'' 76 deg.12'04.8''
Oklahoma City, OK:
Wiley Post (DWA).................... 35 deg.32'03.2'' 97 deg.38'49.2''
Will Rogers World (OKC)............. 35 deg.23'35.2'' 97 deg.36'03.1''
Omaha, NE:
Eppley Airfield (OMA)............... 41 deg.18'04.0'' 95 deg.53' 37.0''
Orlando, FL:
Orlando Executive (ORL)............. 28 deg.32'44.0'' 81 deg.19'58.2''
[[Page 68962]]
Orlando Int'l (MCO)................. 28 deg.25'55.0'' 81 deg.19'28.2''
Philadelphia, PA-NJ:
Northeast Philadelphia (PNE)........ 40 deg.04'55.4'' 75 deg.00'38.6''
Philadelphia Int'l (PHC)............ 39 deg.52'13.4'' 75 deg.14'41.7''
Phoenix, AZ:
Phoenix-Sky Harbor Int'l (PHX)...... 33 deg.26'10.2'' 112 deg.00'34.5''
Scottsdale Municipal (SDC).......... 33 deg.37'22.2'' 111 deg.54'7.5''
Pittsburgh, PA:
Allegheny County (AGC).............. 40 deg.21'16.3'' 79 deg.55'48.2''
Greater Pittsburgh Int'l (PIT)...... 40 deg.29'30.2'' 80 deg.13'54.2''
Portland, OR:
Portland-Hillsboro (HIO)............ 45 deg.32'25.4'' 122 deg.56'59.4''
Portland International (PDX)........ 45 deg.35'19.4'' 122 deg.35'51.3''
Portland-Troutdale (TTD)............ 45 deg.32'57.4'' 122 deg.24'04.3''
Providence-Pawtucket, RI--MA:
North Central State (SFZ)........... 41 deg.55'15.4'' 71 deg.29'28.2''
T.F. Green State (PVD).............. 41 deg.43'31.4'' 71 deg.25'39.2''
Reno, NV:
Reno International (RNO)............ 39 deg.29'51.7'' 119 deg.46'07.7''
Richmond, VA:
Byrd International (RIC)............ 37 deg.30'18.5'' 77 deg.19'10.9''
Rochester, NY:
Rochester-Monroe County (ROC)....... 43 deg.07'08.2'' 77 deg.40'1.0''
Sacramento, CA:
Sacramento Executive (SAC).......... 38 deg.30'44.7'' 121 deg.29'6.8''
Sacramento Metropolitan (SMF)....... 38 deg.41'43.7'' 121 deg.36'04.9''
St. Louis, MO--IL:
Spirit of St. Louis (SUS)........... 38 deg.39'36.2'' 90 deg.38'43.5''
St. Louis-Lambert Int'l (STC)....... 38 deg.44'51.2'' 90 deg.21'39.4''
St. Petersburg, FL:
Albert Whitted Municipal (SPG)...... 27 deg.45'54.1'' 82 deg.37'38.4''
Clearwater Int'l (PIE).............. 27 deg.54'39.1'' 82 deg.41'15.4''
Salt Lake City, UT:
Salt Lake City Int'l (SLC).......... 40 deg.47'12.8'' 111 deg.58'07.8''
San Antonio, TX:
San Antonio Int'l (SAT)............. 29 deg.32'00.8'' 98 deg.28'11.1''
San Bernardino, CA:
Ontario Int'l (ONT)................. 34 deg.03'22.0'' 117 deg.36'14.2''
San Diego, CA:
Lindbergh Int'l (SAN)............... 32 deg.44'01.2'' 117 deg.11'15.1''
San Francisco-Oakland, CA:
Metropolitan Oakland Int'l (OAK).... 37 deg.43'16.7'' 122 deg.13'14.9''
San Francisco Int'l (SFO)........... 37 deg.37'07.8'' 122 deg.22'29.9''
San Jose, CA:
San Jose Int'l (SJC)................ 37 deg.21'40.8'' 121 deg.55'41.8''
Scranton, PA:
Wilkes-Barre Scranton Int'l (AVP)... 41 deg.20'20.3'' 75 deg.43'25.7''
Seattle, WA:
King County Int'l (BFI)............. 47 deg.31'48.4'' 122 deg.18'07.4''
Seattle-Tacoma Int'l (SEA).......... 47 deg.26'56.4'' 122 deg.18'33.4''
Shreveport, LA:
Shreveport Downtown (DTN)........... 32 deg.32'23.5'' 93 deg.44'40.6''
Shreveport Regional (SHV)........... 32 deg.26'48.6'' 93 deg.49'30.7''
South Bend, IN:
Michiana Regional (SBW)............. 41 deg.42'18.2'' 86 deg.18'59.0''
Spokane, WA:
Grant County (MWH).................. 47 deg.12'27.5'' 119 deg.19'12.1''
Spokane Int'l (GEG)................. 47 deg.37'11.6'' 117 deg.32'01.8''
Springfield, MA:
Barnes Municipal (BAF).............. 42 deg.09'28.3'' 72 deg.42'56.3''
Westover Field (CEF)................ 42 deg.11'52.3'' 72 deg.31'48.3''
Syracuse, NY:
Syracuse-Hancock Int'l (SYR)........ 43 deg.06'44.2'' 76 deg.06'30.7''
Tacoma, WA:
Tacoma Narrows (TIW)................ 47 deg.16'04.4'' 122 deg.34'41.5''
Tampa, FL:
Tampa Int'l (TPA)................... 27 deg.58'32.1'' 82 deg.31'59.3''
Toledo, OH:
Toledo Express (TOL)................ 41 deg.35'15.2'' 83 deg.48'18.8''
Trenton, NJ-PA:
Mercer County (TTN)................. 40 deg.16'38.4'' 74 deg.48'48.6''
Tucson, AZ:
[[Page 68963]]
Tucson Int'l (TUS).................. 32 deg.07'06.3'' 110 deg.56'37.3''
Tulsa, OK:
R.L. Jones, Jr. (RVS)............... 36 deg.02'18.3'' 95 deg.59'06.0''
Tulsa Int'l (TUL)................... 36 deg.11'54.3'' 95 deg.53'17.0''
Washington, DC:
Dulles International (IAD).......... 38 deg.56'39.4'' 77 deg.27'25.0''
National (DCA)...................... 38 deg.51'07.4'' 77 deg.02'15.9''
Wichita, KS:
Mid-Continent (ICT)................. 37 deg.39'00.1'' 97 deg.25'59.2''
Wilkes-Barre, PA:
Wilkes-Barre-Scranton (AVP)......... 41 deg.20'20.3'' 75 deg.43'25.7''
Wilmington, DE:
Gr. Wilm.-New Castle City (ILG)..... 39 deg.40'42.4'' 75 deg.36'23.7''
Worcester, MA:
Worcester Municipal (ORH)........... 42 deg.16'02.3'' 71 deg.52'32.3''
Youngstown-Warren, OH-PA:
Youngstown Municipal (YNG).......... 41 deg.15'32.2'' 80 deg.40'33.3''
----------------------------------------------------------------------------------------------------------------
* * * * *
299. Section 90.111 is revised to read as follows:
Sec. 90.111 Scope.
This subpart supplements Title 47, chapter 1, subpart F of the Code
of Federal Regulations which establishes the requirements and
conditions under which commercial and private radio stations may be
licensed and used in the Wireless Telecommunications Services. The
provisions of this subpart contain additional pertinent information for
current and prospective licensees specific to the services governed by
this part 90.
Sec. 90.113 [Removed]
300. Section 90.113 is removed.
Sec. 90.117 [Removed]
301. Section 90.117 is removed.
302. Section 90.119 is revised to read as follows:
Sec. 90.119 Application requirements.
(a) Part 1, Subpart F of this chapter contains the application
filing procedures for the Wireless Telecommunications Services,
including applications for new base, fixed, or mobile station
authorizations governed by this part.
(b) If the control station(s) will operate on the same frequency as
the mobile station, and if the height of the control station(s)
antenna(s) will not exceed 6.1 meters (20 feet) above ground or an
existing man-made structure (other than an antenna structure), there is
no limit on the number of such stations which may be authorized.
Appropriate items on FCC Form 601 shall be completed showing the
frequency, the station class, the total number of control stations, the
emission, and the output power of the highest powered control station.
Applicants in the 470-512 MHz band must furnish the relevant
information for all control stations.
Sec. 90.123 [Removed]
303. Section 90.123 is removed.
Sec. 90.125 [Removed]
304. Section 90.125 is removed.
305. Section 90.127 is revised to read as follows:
Sec. 90.127 Submission and filing of applications.
(a) Applications should be filed in accordance with part 1, subpart
F of this chapter.
(b) Each application shall limit its request for authorized mobile
transmitters and paging receivers to:
(1) Mobile transmitters and paging receivers that will be installed
and operated immediately after authorization issuance.
(2) Mobile transmitters and paging receivers for which purchase
orders have already been signed and which will be in use within eight
months of the authorization date.
(c) All applications for modification of license and renewal of
license must include the number of mobile transmitters and paging
receivers in use on the licensed facilities.
306. Section 90.129 is amended by revising the introductory
paragraph and removing and reserving paragraphs (c) and (e) to read as
follows:
Sec. 90.129 Supplemental information to be routinely submitted with
applications.
Each application under this part that is received by the
Commission, through the application process outlined in part 1, subpart
F, must be accompanied by the applicable information listed below:
* * * * *
(c) [Reserved]
* * * * *
(e) [Reserved]
* * * * *
Sec. 90.131 [Removed]
307. Section 90.131 is removed.
308. Section 90.135 is revised to read as follows:
Sec. 90.135 Modification of license.
(a) In addition to those changes listed in Sec. 1.929(k) of this
chapter and in accordance with Sec. 1.947 of this chapter the following
modifications may be made to an existing authorization without prior
Commission approval:
(1) Change in the number and location of station control points or
of control stations operating below 470 or above 800 MHz meeting the
requirements of Sec. 90.119(b) of this part.
(2) Change in the number of mobile units operated by Radiolocation
Service licensees.
(b) Unless specifically exempted in Sec. 90.175 of this part,
licensees must submit a Form 601 application for modification to the
applicable frequency coordinator for any change listed in
Sec. 1.929(c)(4) of this chapter.
309. Section 90.137 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 90.137 Applications for operation at temporary locations.
(a) An application for authority to operate a base or a fixed
transmitter at temporary locations shall be filed in accordance with
Sec. 1.931 of this chapter and the following:
* * * * *
Sec. 90.139 [Removed]
310. Section 90.139 is removed.
[[Page 68964]]
Sec. 90.141 [Removed]
311. Section 90.141 is removed.
Sec. 90.143 [Removed]
312. Section 90.143 is removed.
Sec. 90.145 [Removed]
313. Section 90.145 is removed.
Sec. 90.147 [Removed]
314. Section 90.147 is removed.
315. Section 90.149 is amended by revising paragraph (a) and
removing and reserving paragraph (b) to read as follows:
Sec. 90.149 License term.
(a) Licenses for stations authorized under this part will be issued
for a term not to exceed five (5) years from the date of the original
issuance, modification, or renewal, except that the license term for
stations licensed as commercial mobile radio service on 220-222 MHz,
929-930 MHz paging, Industrial/Business Pool, and SMR frequencies shall
be ten (10) years.
(b) [Reserved]
* * * * *
Sec. 90.151 [Removed]
316. Section 90.151 is removed.
Sec. 90.153 [Removed]
317. Section 90.153 is removed.
318. Section 90.155 is amended by revising paragraph (d) to read as
follows:
Sec. 90.155 Time in which station must be placed in operation.
* * * * *
(d) Multilateration LMS EA-licensees, authorized in accordance with
Sec. 90.353 of this part, must construct and place in operation a
sufficient number of base stations that utilize multilateration
technology (see paragraph (e) of this section) to provide
multilateration location service to one-third of the EA's population
within five years of initial license grant, and two-thirds of the
population within ten years. In demonstrating compliance with the
construction and coverage requirements, the Commission will allow
licensees to individually determine an appropriate field strength for
reliable service, taking into account the technologies employed in
their system design and other relevant technical factors. At the five
and ten year benchmarks, licensees will be required to file a map and
FCC Form 601 showing compliance with the coverage requirements (see
Sec. 1.946).
* * * * *
319. Section 90.157 is revised to read as follows:
Sec. 90.157 Discontinuance of station operation.
A station license shall cancel automatically upon permanent
discontinuance of operations. Unless stated otherwise in this part or
in a station authorization, for the purposes of this section, any
station which has not operated for one year or more is considered to
have been permanently discontinued.
320. Section 90.159 is amended by revising paragraphs (a), (c), (d)
and the introductory text of paragraph (b) to read as follows:
Sec. 90.159 Temporary and conditional permits.
(a) An applicant for a license under this part (other than a
commercial mobile radio license) utilizing an already licensed facility
may operate the radio station(s) for a period of up to one hundred
eighty (180) days after submitting a Form 601 application for a station
license in accordance with Sec. 90.127 of this part, provided that all
the antennas employed by control stations are 6.1 meters (20 feet) or
less above ground or 6.1 meters (20 feet) or less above a man-made
structure other than an antenna tower to which it is affixed. When
required by Sec. 90.175 of this part, applications must be accompanied
by evidence of frequency coordination. The temporary operation of
stations, other than mobile stations within the Canadian coordination
zone is limited to stations with a maximum of 5 watts effective
radiated power and a maximum antenna height of 6.1 meters (20 ft) above
average terrain.
(b) An applicant proposing to operate a new land mobile radio
station or modify an existing station below 470 MHz or in the one-way
paging 929-930 MHz band (other than a commercial mobile radio service
applicant or licensee on these bands) that is required to submit a
frequency recommendation pursuant to paragraphs (b) through (h) of
Sec. 90.175 of this part may operate the proposed station during the
pendency of its application for a period of up to one hundred eighty
(180) days upon the filing of a properly completed formal Form 601
application that complies with Sec. 90.127 of this part if the
application is accompanied by evidence of frequency coordination in
accordance with Sec. 90.175 of this part and provided that the
following conditions are satisfied:
* * * * *
(c) An applicant proposing to operate an itinerant station or an
applicant seeking the assignment of authorization or transfer of
control of a license for an existing station below 470 MHz or in the
929-930 MHz band (other than a commercial mobile radio service
applicant or licensee on these bands) may operate the proposed station
during the pendency of the application for a period not to exceed one
hundred eighty (180) days upon the filing of a properly completed
formal Form 601 application that complies with Sec. 90.127 of this
part. Conditional authority ceases immediately if the application is
dismissed by the Commission. All other categories of applications
listed in Sec. 90.175(i) of this part that do not require evidence of
frequency coordination are excluded from the provisions of this
section.
(d) Conditional authorization does not prejudice any action the
Commission may take on the subject application. Conditional authority
is accepted with the express understanding that such authority may be
modified or canceled by the Commission at any time without hearing if,
in the Commission's discretion, the need for such action arises.
Consistent with Sec. 90.175(g) of this part, the applicant assumes all
risks associated with operation under conditional authority, the
termination or modification of conditional authority, or the subsequent
dismissal or denial of its application. Authority reverts back to the
original licensee if an assignee or transferee's conditional authority
is canceled.
* * * * *
Sec. 90.159 [Amended]
321. The note following Sec. 90.159 is revised to read as follows:
Note: The following rules (Sec. 90.165 through Sec. 90.169)
govern applications, licensing, and operation of radio facilities in
the 220-222 MHz (subpart T), Business Radio (subpart D), 929-930 MHz
Paging (subpart P), and Specialized Mobile Radio (subpart S)
services that are used to provide commercial mobile radio services
(see Secs. 20.3 and 20.9 of this chapter). Compliance with the rules
relating to applications and licensing of facilities on paging-only
channels in the Business Radio Service (see Sec. 90.75(c)(10)) and
929-930 MHz paging channels (see Sec. 90.494(a),(b)) is not required
prior to August 10, 1996. Compliance with Sec. 90.168 is also not
required prior to August 10, 1996 for reclassified commercial mobile
radio service providers who are to be regulated as private carriers
until August 10, 1996 as provided in the Second Report and Order in
GN Docket No. 93-252, 9 FCC Rcd 2348 (1994), paras. 280-284. The
licensing and operation of radio facilities in the 220-222 MHz
(subpart T), Business Radio (subpart D), 929-930 MHz Paging (subpart
P), and Specialized Mobile Radio (subpart S) services that are used
to provide commercial mobile radio services are also subject to
rules elsewhere in this part that apply generally to Private Land
Mobile Radio Services. In the case of any conflict
[[Page 68965]]
between rules set forth in Secs. 90.165 through 90.169 and other
rules in this part, Secs. 90.165 through 90.169 apply. 14-23. New
Secs. 90.165 through 90.169 are added to subpart G to read as
follows:
Secs. 90.160 through 90.164 [Removed]
322. Sections 90.160 through 90.164 are removed.
323. Section 90.165 is amended by revising the introductory
paragraph, and the introductory text of paragraphs (b) and (c) and
paragraphs (b)(1) and (c)(2) and by removing paragraph (d)(3) to read
as follows:
Sec. 90.165 Procedures for mutually exclusive applications.
Mutually exclusive commercial mobile radio service applications are
processed in accordance with part 1 of this chapter and with the rules
in this section, except for mutually exclusive applications for
licenses in the 220-222 MHz service and the 929-930 MHz Paging service,
which are processed in accordance with the rules in subpart P and
subpart T of this part.
* * * * *
(b) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The Commission may dismiss as
defective (pursuant to Sec. 1.934 of this chapter) any mutually
exclusive application(s) whose filing date is outside of the date range
for inclusion in the filing group. The types of filing groups used in
day-to-day application processing are specified in paragraph (c)(3) of
this section. A filing group is one of the following types:
(1) Renewal filing group. A renewal filing group comprises a
timely-filed application for renewal of an authorization and all
timely-filed mutually exclusive competing applications (see section
1.949 of this chapter).
* * * * *
(c) Procedures. Generally, the Commission may grant one application
in a filing group of mutually exclusive applications and dismiss the
other application(s) in the filing group that are excluded by the
grant, pursuant to Sec. 1.935 of this chapter.
* * * * *
(2) Dismissal of applications. The Commission may dismiss any
application in a filing group that is defective or otherwise subject to
dismissal under Sec. 1.934 of this chapter, either before or after
employing selection procedures.
* * * * *
Sec. 90.166 [Removed]
324. Section 90.166 is removed.
325. Section 90.167 is revised to read as follows:
Sec. 90.167 Time in which a station must commence service;
notification requirement.
Pursuant to Sec. 1.946 of this chapter, unless otherwise specified
in this part, all 220-222 MHz, private carrier paging, Industrial/
Business Pool, and SMR licensees must commence service within twelve
(12) months from the date of grant or the authorization cancels
automatically.
326. Section 90.175 is amended by revising the introductory
paragraph and paragraphs (b), (e) and (f) to read as follows:
Sec. 90.175 Frequency coordination requirements.
Except for applications listed in paragraph (i) of this section,
each application for a new frequency assignment, for a change in
existing facilities as listed in Sec. 1.929(c) of this part, or for
operation at temporary locations in accordance with Sec. 90.137 of this
part, must include evidence of frequency coordination as set forth
below.
* * * * *
(b) For frequencies between 25 and 470 MHz: A recommendation of the
most appropriate frequency is required from an applicable frequency
coordinator, as specified in Secs. 90.20(c)(2) and 90.35(b)(2) of this
part. The coordinator's recommendation may include comments on
technical factors such as power, antenna height and gain, terrain, and
other factors which may serve to minimize potential interference.
* * * * *
(e) For frequencies between 470 and 512 MHz, 806-824/851-869 MHz,
and 896-901/935-940 MHz: A recommendation of the specific frequencies
that are available for assignment in accordance with the loading
standards and mileage separations applicable to the specific radio
service, frequency pool, or category of user involved is required from
an applicable frequency coordinator.
(f) For frequencies in the 929-930 MHz band: A recommendation of
the most appropriate frequency is required from an applicable frequency
coordinator.
* * * * *
Sec. 90.177 [Removed]
327. Section 90.177 is removed.
328. Section 90.187 is amended by revising paragraph (a) to read as
follows:
Sec. 90.187 Trunking in the bands between 150 and 512 MHz.
(a) Applicants for trunked systems operating on frequencies between
150 and 512 MHz (except 220-222 MHz) must indicate on their
applications (class of station code, instructions for FCC Form 601)
that their system will be trunked. Licensees of stations that are not
trunked, may trunk their systems only after modifying their license
(see Sec. 1.927 of this chapter).
* * * * *
Sec. 90.237 [Amended]
329. Section 90.237 is amended by removing and reserving paragraph
(b).
330. Section 90.241 is amended by revising paragraph (c)(7) to read
as follows:
Sec. 90.241 Radio call box operations.
* * * * *
(c) * * *
(7) Each application for a call box system must contain information
on the nonvoice transmitting equipment, including the character
structure, bit rate, modulating tone frequencies, identification codes,
and the method of modulation (i.e., frequency shift, tone shift, or
tone phase shift).
* * * * *
331. Section 90.273 is amended by revising paragraph (c) to read as
follows:
Sec. 90.273 Availability and use of frequencies in the 421-430 MHz
band.
* * * * *
(c) Base or control stations shall be located within 48 km (30
miles) of the center of Buffalo or 80 km (50 miles) of the center of
Detroit. In Cleveland, base or control stations will be allowed at
locations north of line A that are within 48 km (30 miles) of the city
center. In addition, low power (2 watts or less) base stations may
locate within 80 km (50 miles) of the center of Buffalo. The following
coordinates shall be used for the centers of these areas (coordinates
are referenced to North American Datum 1983 (NAD83)):
Buffalo, NY.................. 42 deg. 52' 52.2'' North latitude.
78 deg. 52' 20.1'' West longitude.
Cleveland, OH................ 41 deg. 29' 51.2'' North latitude.
81 deg. 41' 49.5'' West longitude.
Detroit, MI.................. 42 deg. 19' 48.1'' North latitude.
83 deg. 02' 56.7'' West longitude.
* * * * *
332. Section 90.303 is revised to read as follows:
Sec. 90.303 Availability of frequencies.
Frequencies in the band 470-512 MHz are available for assignment in
the
[[Page 68966]]
urbanized areas listed below. The specific frequencies available are
listed in Sec. 90.311 of this part. Note: Coordinates are referenced to
North American Datum 1983 (NAD83).
----------------------------------------------------------------------------------------------------------------
Geographic center
Urbanized area ----------------------------------------------------- Channel Frequencies
North latitude West longitude (megahertz)
----------------------------------------------------------------------------------------------------------------
Boston, MA....................... 42 deg. 21' 24.4'' 71 deg. 03' 23.2'' 14 470-476
16 482-488
Chicago, IL \3\.................. 41 deg. 52' 28.1'' 87 deg. 38' 22.2'' 14 470-476
15 476-482
Cleveland, OH \4\................ 41 deg. 29' 51.2'' 81 deg. 41' 49.5'' 14 470-476
16 482-488
Dallas/Fort Worth, TX............ 32 deg. 47' 09.5'' 96 deg. 47' 38.0'' 16 482-488
Detroit, MI \5\.................. 42 deg. 19' 48.1'' 83 deg. 02' 56.7'' 15 476-482
16 482-488
Houston, TX...................... 29 deg. 45' 26.8'' 95 deg. 21' 37.8'' 17 488-494
Los Angeles, CA \6\.............. 34 deg. 03' 15.0'' 118 deg. 14' 31.3'' 14 470-476
20 506-512
Miami, FL........................ 25 deg. 46' 38.4'' 80 deg. 11' 31.2'' 14 470-476
New York/N.E. NJ................. 40 deg. 45' 06.4'' 73 deg. 59' 37.5'' 14 470-476
15 476-482
Philadelphia, PA................. 39 deg. 56' 58.4'' 75 deg. 09' 19.6'' 19 500-506
20 506-512
Pittsburgh, PA................... 40 deg. 26' 19.2'' 79 deg. 59' 59.2'' 14 470-476
18 494-500
San Francisco/Oakland, CA........ 37 deg. 46' 38.7'' 122 deg. 24' 43.9'' 16 482-488
17 488-494
Wash., DC/MD/VA.................. 38 deg. 53' 51.4'' 77 deg. 00' 31.9'' 17 488-494
18 494-500
----------------------------------------------------------------------------------------------------------------
\3\ In the Chicago, IL, urbanized area, channel 15 frequencies may be used for paging operations in addition to
low power base/mobile usages, where applicable protection requirements for ultrahigh frequency television
stations are met.
\4\ Channels 14 and 15 are not available in Cleveland, OH, until further order from the Commission.
\5\ Channels 15 and 16 are not available in Detroit, MI, until further order from the Commission.
\6\ Channel 16 is available in Los Angeles for use by public safety users.
333. Section 90.350 is revised to read as follows:
Sec. 90.350 Scope.
The Intelligent Transportation Systems Radio Service is for the
purpose of integrating radio-based technologies into the nation's
transportation infrastructure and to develop and implement the nation's
intelligent transportation systems. It includes the Location and
Monitoring Service (LMS). Rules as to eligibility for licensing,
frequencies available, and any special requirements for services in the
Intelligent Transportation Systems Radio Service are set forth in this
Subpart. Application procedures are governed by part 1, subpart F of
this chapter.
334. Section 90.365 is amended by revising paragraphs (a)(1) and
(b), removing paragraph (d)(1)(ii), and redesignating paragraph
(d)(1)(iii) as paragraph (d)(1)(ii) and revising paragraph (d)(2) to
read as follows:
Sec. 90.365 Eligibility for partitioned licenses.
(a) Eligibility. (1) Party seeking approval for partitioning and
disaggregation shall request an authorization pursuant to Sec. 1.948 of
this chapter.
* * * * *
(b) Partitioning. In the case of partitioning, applicants and
licensees must file FCC Form 603 pursuant to Sec. 1.948 and list the
partitioned service area on a schedule to the application. The
geographic coordinates must be specified in degrees, minutes, and
seconds to the nearest second of latitude and longitude and must be
based upon the 1983 North American Datum (NAD83).
* * * * *
(d) * * *
(2) Requirements for disaggregation. Parties seeking authority to
disaggregate spectrum must certify in FCC Form 601 which of the parties
will be responsible for meeting the five-year and ten-year construction
requirements for the particular market.
335. Section 90.437 is amended by revising paragraph (c) and
removing paragraph (d) to read as follows:
Sec. 90.437 Posting station licenses.
* * * * *
(c) An applicant operating under temporary authority in accordance
with Sec. 90.159 must post an executed copy of FCC Form 601 at every
control point of the system or an address or location where the current
executed copy may be found.
336. Section 90.477 is amended by revising paragraph (a)
introductory text and paragraph (d)(3) to read as follows:
Sec. 90.477 Interconnected systems.
(a) Applicants for new land stations to be interconnected with the
public switched telephone network must indicate on their applications
(class of station code) that their stations will be interconnected.
Licensees of land stations that are not interconnected may interconnect
their stations with the public switched telephone network only after
modifying their license. See Sec. 1.929 of this chapter. In all cases a
detailed description of how interconnection is accomplished must be
maintained by licensees as part of their station records. See
Sec. 90.433 of this part.
* * * * *
(d) * * *
(3) For licensees in the Industrial/Business Pool and those
licensees who establish eligibility pursuant to Sec. 90.20(a)(2) of
this part, except for Secs. 90.20(a)(2)(i) and 90.20(a)(2)(ii) of this
part and medical emergency systems in the 450-470 MHz band,
interconnection will be permitted only where the base station site or
sites proposed stations are located 120 km (75 mi.) or more from the
designated centers of the urbanized areas listed
[[Page 68967]]
below. If these licensees seek to connect within 120 km (75 mi.) of the
25 cities, they must obtain the consent of all co-channel licensees
located both within 120 km (75 mi.) of the center of the city; and
within 120 km (75 mi.) of the interconnected base station transmitter.
The consensual agreements among the co-channel licensees must
specifically state the terms agreed upon and a statement must be
submitted to the Commission indicating that all co-channel licensees
have consented to the use of interconnection. If a licensee has agreed
to the use of interconnection on the channel, but later decides against
the use of interconnection, the licensee may request that the co-
channel licensees reconsider the use of interconnection. If the
licensee is unable to reach an agreement with co-channel licensees, the
licensee may request that the Commission consider the matter and assign
it to another channel. If a new licensee is assigned to a frequency
where all the co-channel licensees have agreed to the use of
interconnection and the new licensee does not agree, the new licensee
may request that the co-channel licensees reconsider the use of
interconnection. If the new licensee cannot reach an agreement with co-
channel licensees it may request that the Commission reassign it to
another channel.
Note: Coordinates are referenced to North American Datum 1983
(NAD83).
----------------------------------------------------------------------------------------------------------------
Urban area North latitude West longitude
----------------------------------------------------------------------------------------------------------------
New York, New York-Northeastern New 40 deg. 45' 06.4'' 73 deg. 59' 37.5''
Jersey.
Los Angeles-Long Beach, California...... 34 deg. 03' 15.0'' 118 deg. 14' 31.3''
Chicago, Illinois-Northwestern Indiana.. 41 deg. 52' 28.1'' 87 deg. 38' 22.2''
Philadelphia, Pennsylvania/New Jersey... 39 deg. 56' 58.4'' 75 deg. 09' 19.6''
Detroit, Michigan....................... 42 deg. 19' 48.1'' 83 deg. 02' 56.7''
San Francisco-Oakland, California....... 37 deg. 46' 38.7'' 122 deg. 24' 43.9''
Boston, Massachusetts................... 42 deg. 21' 24.4'' 71 deg. 03' 23.2''
Washington, DC/Maryland/Virginia........ 38 deg. 53' 51.4'' 77 deg. 00' 31.9''
Cleveland, Ohio......................... 41 deg. 29' 51.2'' 81 deg. 41' 49.5''
St Louis, Missouri/Illinois............. 38 deg. 37' 45.2'' 90 deg. 12' 22.4''
Pittsburgh, Pennsylvania................ 40 deg. 26' 19.2'' 79 deg. 59' 59.2''
Minneapolis-St. Paul, Minnesota......... 44 deg. 58' 56.9'' 93 deg. 15' 43.8''
Houston, Texas.......................... 29 deg. 45' 26.8'' 95 deg. 21' 37.8''
Baltimore, Maryland..................... 39 deg. 17' 26.4'' 76 deg. 36' 43.9''
Dallas-Fort Worth, Texas................ 32 deg. 47' 09.5'' 96 deg. 47' 38.0''
Milwaukee, Wisconsin.................... 43 deg. 02' 19.0'' 87 deg. 54' 15.3''
Seattle-Everett, Washington............. 47 deg. 36' 31.4'' 122 deg. 20' 16.5''
Miami, Florida.......................... 25 deg. 46' 38.4'' 80 deg. 11' 31.2''
San Diego, California................... 32 deg. 42' 53.2'' 117 deg. 09' 24.1''
Atlanta, Georgia........................ 33 deg. 45' 10.4'' 84 deg. 23' 36.7''
Cincinnati, Ohio/Kentucky............... 39 deg. 06' 07.2'' 84 deg. 30' 34.8''
Kansas City, Missouri/Kansas............ 39 deg. 04' 56.0'' 94 deg. 35' 20.8''
Buffalo, New York....................... 42 deg. 52' 52.2'' 78 deg. 52' 20.1''
Denver, Colorado........................ 39 deg. 44' 58.0'' 104 deg. 59' 23.9''
San Jose, California.................... 37 deg. 20' 15.8'' 121 deg. 53' 27.8''
----------------------------------------------------------------------------------------------------------------
* * * * *
337. Section 90.501 is revised to read as follows:
Sec. 90.501 Scope.
This subpart supplements part 1, subpart F of this chapter by
describing further requirements for the filing of applications for
developmental licenses. It includes special requirements related to
developmental operation, restrictions on operations, and special
reports required when the development operation is to seek operational
data or techniques directed toward the extension of that service.
338. Section 90.601 is revised to read as follows:
Sec. 90.601 Scope.
This subpart sets out the regulations governing the licensing and
operations of all systems operating in the 806-824/851-869 MHz and 896-
901/935-940 MHz bands. It includes eligibility requirements, and
operational and technical standards for stations licensed in these
bands. It also supplements the rules regarding application procedures
contained in Part 1, Subpart F of this chapter. The rules in this
subpart are to be read in conjunction with the applicable requirements
contained elsewhere in this part; however, in case of conflict, the
provisions of this subpart shall govern with respect to licensing and
operation in these frequency bands.
339. Section 90.605 is revised to read as follows:
Sec. 90.605 Forms to be used.
Applications for conventional and trunked radio facilities must be
prepared on FCC Form 601 and must be submitted or filed in accordance
with Sec. 90.127 and part 1, subpart F of this chapter.
340. Section 90.607 is revised by amending paragraphs (b)(1) and
(c)(1), and by removing and reserving paragraph (d) to read as follows:
Sec. 90.607 Supplemental information to be furnished by applicants for
facilities under this subpart.
* * * * *
(b) * * *
(1) List all radio systems licensed to them or proposed by them
within 64 km (40 mi.) from the location of the base station transmitter
site of the facility for which they have applied.
* * * * *
(c) * * *
(1) List all radio systems licensed to them within 64 km (40 mi.)
from the location of the base station transmitter site of the facility
for which they have applied;
* * * * *
(d) [Reserved]
* * * * *
Sec. 90.609 [Amended]
341. Section 90.609 is amended by removing and reserving paragraph
(a).
Sec. 90.611 [Removed]
342. Section 90.611 is removed.
343. Section 90.619 is amended by revising the last sentence of
paragraph (d)(5) to read as follows:
[[Page 68968]]
Sec. 90.619 Frequencies available for use in the U.S./Mexico and U.S./
Canada border areas.
* * * * *
(d) * * *
(5) * * * U.S. stations must protect Canadian stations operating on
channels 121 through 230 within an area of 30 km radius from the center
city coordinates (referenced to North American Datum 1983 (NAD83)) of
London, Ontario (42 deg. 59' 00.1'' N, 81 deg. 13' 59.5'' W).
* * * * *
344. Section 90.621 is amended by revising the first two columns of
Table 1 and paragraphs (b)(3), (e)(5) and (f)(1), and adding a note
before Table 1 of this section to read as follows:
Sec. 90.621 Selection and assignment of frequencies.
* * * * *
(b) * * *
Table 1.--Co-Channel Separations Between Common Antenna Sites in the
State of California North of 35 deg. North Latitude and West of 118 deg.
West Longitude
[Note: Coordinates are referenced to North American Datum 1983 (NAD83)]
------------------------------------------------------------------------
North latitude West longitude * * *
------------------------------------------------------------------------
38 deg. 03' 39.7'' 122 deg. 36' 20.9'' * * *
37 deg. 55' 43.7'' 122 deg. 35' 14.9'' * * *
37 deg. 50' 56.7'' 122 deg. 29' 59.9'' * * *
37 deg. 52' 53.7'' 121 deg. 55' 08.9'' * * *
37 deg. 51' 11.7'' 122 deg. 12' 33.9'' * * *
37 deg. 52' 57.7'' 122 deg. 13' 14.9'' * * *
37 deg. 50' 59.7'' 122 deg. 11' 33.9'' * * *
37 deg. 43' 32.8'' 122 deg. 24' 55.9'' * * *
37 deg. 41' 20.8'' 122 deg. 26' 11.9'' * * *
37 deg. 24' 38.8'' 122 deg. 18' 23.9'' * * *
37 deg. 19' 12.8'' 122 deg. 08' 36.9'' * * *
37 deg. 10' 36.8'' 121 deg. 54' 27.8'' * * *
37 deg. 07' 08.8'' 121 deg. 50' 01.8'' * * *
37 deg. 06' 39.8'' 121 deg. 50' 32.8'' * * *
36 deg. 31' 44.9'' 121 deg. 36' 27.8'' * * *
37 deg. 29' 14.8'' 121 deg. 52' 06.8'' * * *
40 deg. 15' 45.6'' 122 deg. 05' 41.0'' * * *
39 deg. 51' 49.6'' 121 deg. 41' 23.9'' * * *
39 deg. 12' 16.6'' 121 deg. 49' 05.9'' * * *
39 deg. 08' 00.6'' 121 deg. 06' 01.8'' * * *
38 deg. 52' 14.6'' 121 deg. 07' 42.8'' * * *
38 deg. 24' 19.7'' 122 deg. 06' 33.9'' * * *
38 deg. 01' 14.7'' 120 deg. 35' 09.7'' * * *
37 deg. 30' 30.8'' 121 deg. 22' 29.8'' * * *
37 deg. 32' 31.8'' 120 deg. 03' 48.6'' * * *
37 deg. 04' 09.8'' 119 deg. 25' 42.5'' * * *
36 deg. 44' 37.8'' 119 deg. 17' 02.4'' * * *
36 deg. 18' 09.8'' 120 deg. 24' 06.6'' * * *
36 deg. 17' 06.8'' 118 deg. 50' 22.3'' * * *
35 deg. 38' 28.8'' 118 deg. 47' 11.3'' * * *
35 deg. 33' 08.8'' 118 deg. 49' 23.3'' * * *
35 deg. 17' 16.9'' 119 deg. 30' 58.4'' * * *
35 deg. 17' 26.9'' 119 deg. 45' 51.5'' * * *
35 deg. 16' 50.9'' 119 deg. 44' 55.5'' * * *
------------------------------------------------------------------------
* * * * *
(3) Except as indicated in paragraph (b)(4) of this section,
stations in Channel Blocks A through V that have been granted channel
exclusivity and are located in the State of Washington at the locations
listed below shall be separated from co-channel stations by a minimum
of 169 km (105 mi). Except as indicated in paragraph (b)(4) of this
section, incumbent licensees in Channel Blocks D through V that have
received the consent of all affected parties to utilize an 18
dB V/m signal strength interference contour, have been granted
channel exclusivity and are located in the State of Washington at the
locations listed below shall be separated from co-channel stations by a
minimum of 229 km (142 mi). Locations within one mile of the
geographical coordinates listed in the table below will be considered
to be at that site.
Note: Coordinates are referenced to North American Datum 1983
(NAD83).
----------------------------------------------------------------------------------------------------------------
Site name North latitude West longitude
----------------------------------------------------------------------------------------------------------------
Mount Constitution...................... 48 deg. 40' 47.4'' 122 deg. 50' 28.7''
Lyman Mountain.......................... 48 deg. 35' 41.4'' 122 deg. 09' 39.6''
Cultus Mountain......................... 48 deg. 25' 30.4'' 122 deg. 08' 58.5''
Gunsite Ridge........................... 48 deg. 03' 22.4'' 121 deg. 51' 41.5''
Gold Mountain........................... 47 deg. 32' 51.3'' 122 deg. 46' 56.5''
Buck Mountain........................... 47 deg. 47' 05.3'' 122 deg. 59' 34.6''
Cougar Mountain......................... 47 deg. 32' 39.4'' 122 deg. 06' 34.4''
Squak Mountain.......................... 47 deg. 30' 14.4'' 122 deg. 03' 34.4''
Tiger Mountain.......................... 47 deg. 30' 13.4'' 121 deg. 58' 32.4''
Devils Mountain......................... 48 deg. 21' 52.4'' 122 deg. 16' 06.6''
McDonald Mountain....................... 47 deg. 20' 11.3'' 122 deg. 51' 30.5''
Maynard Hill............................ 48 deg. 00' 58.3'' 122 deg. 55' 35.6''
North Mountain.......................... 47 deg. 19' 07.3'' 123 deg. 20' 48.6''
Green Mountain.......................... 47 deg. 33' 40.3'' 122 deg. 48' 31.5''
Capitol Peak............................ 46 deg. 58' 21.3'' 123 deg. 08' 21.5''
Rattlesnake Mountain.................... 47 deg. 28' 09.4'' 121 deg. 49' 17.4''
Three Sisters Mountain.................. 47 deg. 07' 19.4'' 121 deg. 53' 34.4''
Grass Mountain.......................... 47 deg. 12' 14.4'' 121 deg. 47' 42.4''
Spar Pole Hill.......................... 47 deg. 02' 51.4'' 122 deg. 08' 39.4''
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
(5) The frequency coordinator must certify that frequencies are not
available in the applicant's own category, and coordination is required
from the applicable out-of-category coordinator.
* * * * *
(f) * * *
(1) The frequency coordinator must certify that frequencies are not
available in the applicant's own category, and coordination is required
from the applicable out-of-category coordinator.
* * * * *
345. Section 90.625 is amended by revising the first sentence of
paragraph (a) to read as follows:
[[Page 68969]]
Sec. 90.625 Other criteria to be applied in assigning channels for use
in conventional systems of communication.
(a) Where an applicant certifies on its application that a channel
will be loaded to 70 mobile stations, that channel will be made
available to that applicant for its exclusive use in the area in which
it proposes to operate. * * *
* * * * *
346. Section 90.629 is amended by revising the second sentence of
paragraph (c) of this section to read as follows:
Sec. 90.629 Extended implementation period.
* * * * *
(c) * * * Licensees must notify the Commission annually, using FCC
Form 601, that they are in compliance with their yearly station
construction commitments, but may request amendment to these
commitments at the time they file their annual certification. * * *
* * * * *
347. Section 90.631 is amended by revising the fifth sentence of
paragraph (d) and revising paragraph (f) of this section to read as
follows:
Sec. 90.631 Trunked systems loading, construction and authorization
requirements.
* * * * *
(d) * * * The coordinates for the centers of these areas are those
referenced in Sec. 90.635, except that the coordinates (referenced to
North American Datum 1983 (NAD83)) for Tampa-St. Petersburg are
latitude 28 deg. 00' 01.1'' N, longitude 82 deg. 26' 59.3'' W. * * *
* * * * *
(f) If a station is not placed in permanent operation, in
accordance with the technical parameters of the station authorization,
within one year, except as provided in Sec. 90.629, its license cancels
automatically. For purposes of this section, a base station is not
considered to be placed in operation unless at least two associated
mobile stations, or one control station and one mobile station, are
also placed in operation. An SMR licensee with facilities that have
discontinued operations for 90 continuous days is presumed to have
permanently discontinued operations, unless the licensee notifies the
Commission otherwise, using FCC Form 601, prior to the end of the 90
day period and provides a date on which operation will resume, which
date must not be in excess of 30 additional days.
* * * * *
348. Section 90.635 is amended by revising Table 1 to read as
follows:
Sec. 90.635 Limitations on power and antenna height.
* * * * *
Table 1.--Urbanized Areas
[Note: Coordinates are referenced to North American Datum 1983 (NAD83)]
----------------------------------------------------------------------------------------------------------------
Geographic center
Urban area -----------------------------------------------------------------------
North latitude West longitude
----------------------------------------------------------------------------------------------------------------
Akron, Ohio............................. 41 deg. 05' 00.2'' 81 deg. 30' 43.4''
Albany-Schenectady-Troy, New York....... 42 deg. 39' 01.3'' 73 deg. 44' 59.4''
Atlanta, Georgia........................ 33 deg. 45' 10.4'' 84 deg. 23' 36.7''
Baltimore, Maryland..................... 39 deg. 17' 26.4'' 76 deg. 36' 43.9''
Birmingham, Alabama..................... 33 deg. 31' 01.4'' 86 deg. 48' 36.0''
Boston, Massachusetts................... 42 deg. 21' 24.4'' 71 deg. 03' 23.2''
Buffalo, New York....................... 42 deg. 52' 52.2'' 78 deg. 52' 20.1''
Chicago, Illinois....................... 41 deg. 52' 28.1'' 87 deg. 38' 22.2''
Cincinnati, Ohio........................ 39 deg. 06' 07.2'' 84 deg. 30' 34.8''
Cleveland, Ohio......................... 41 deg. 29' 51.2'' 81 deg. 41' 49.5''
Columbus, Ohio.......................... 39 deg. 57' 47.2'' 83 deg. 00' 16.7''
Dallas, Texas........................... 32 deg. 47' 09.5'' 96 deg. 47' 38.0''
Dayton, Ohio............................ 39 deg. 45' 32.2'' 84 deg. 11' 42.8''
Denver, Colorado........................ 39 deg. 44' 58.0'' 104 deg. 59' 23.9''
Detroit, Michigan....................... 42 deg. 19' 48.1'' 83 deg. 02' 56.7''
Fort Lauderdale-Hollywood, Florida...... 26 deg. 07' 31.3'' 80 deg. 08' 59.2''
Fort Worth, Texas....................... 32 deg. 44' 55.5'' 97 deg. 19' 45.1''
Houston, Texas.......................... 29 deg. 45' 26.8'' 95 deg. 21' 37.8''
Indianapolis, Indiana................... 39 deg. 46' 07.2'' 86 deg. 09' 46.0''
Jacksonville, Florida................... 30 deg. 19' 44.9'' 81 deg. 39' 41.3''
Kansas City, Missouri/Kansas............ 39 deg. 04' 56.0'' 94 deg. 35' 20.8''
Los Angeles-Long Beach, California...... 34 deg. 03' 15.0'' 118 deg. 14' 31.3''
Louisville, Kentucky/Indiana............ 38 deg. 14' 47.3'' 85 deg. 45' 48.9''
Memphis, Tennessee/Mississippi.......... 35 deg. 08' 46.3'' 90 deg. 03' 13.3''
Miami, Florida.......................... 25 deg. 46' 38.4'' 80 deg. 11' 31.2''
Milwaukee, Wisconsin.................... 43 deg. 02' 19.0'' 87 deg. 54' 15.3''
Minneapolis-St. Paul, Minnesota......... 44 deg. 58' 56.9'' 93 deg. 15' 43.8''
New York, New York-Northeastern New 40 deg. 45' 06.4'' 73 deg. 59' 37.5''
Jersey.
New Orleans, Louisiana.................. 29 deg. 56' 53.7'' 90 deg. 04' 10.3''
Norfolk-Portsmouth, Virginia............ 36 deg. 51' 10.5'' 76 deg. 17' 19.8''
Oklahoma City, Oklahoma................. 35 deg. 28' 26.2'' 97 deg. 31' 05.1''
Omaha, Nebraska/Iowa.................... 41 deg. 15' 42.0'' 95 deg. 56' 15.1''
Philadelphia, Pennsylvania/New Jersey... 39 deg. 56' 58.4'' 75 deg. 09' 19.6''
Phoenix, Arizona........................ 33 deg. 27' 12.2'' 112 deg. 04' 30.5''
Pittsburgh, Pennsylvania................ 40 deg. 26' 19.2'' 79 deg. 59' 59.2''
Portland, Oregon/Washington............. 45 deg. 31' 05.4'' 122 deg. 40' 39.3''
Providence-Pawtucket-Warwick, RI/MA..... 41 deg. 49' 32.4'' 71 deg. 24' 39.2''
Rochester, New York..................... 43 deg. 09' 41.2'' 77 deg. 36' 20.0''
Sacramento, California.................. 38 deg. 34' 56.7'' 121 deg. 29' 44.8''
Saint Louis, Missouri/Illinois.......... 38 deg. 37' 45.2'' 90 deg. 12' 22.4''
[[Page 68970]]
Saint Petersburg, Florida............... 27 deg. 46' 19.1'' 82 deg. 38' 18.4''
San Antonio, Texas...................... 29 deg. 25' 37.8'' 98 deg. 29' 07.1''
San Bernardino-Riverside, California.... 34 deg. 06' 30.0'' 117 deg. 17' 31.2''
San Jose, California.................... 37 deg. 20' 15.8'' 121 deg. 53' 27.8''
San Francisco-Oakland, California....... 37 deg. 46' 38.7'' 122 deg. 24' 43.9''
San Diego, California................... 32 deg. 42' 53.2'' 117 deg. 09' 24.1''
Seattle, Washington..................... 47 deg. 36' 31.4'' 122 deg. 20' 16.5''
Springfield-Chicopee-Holyoke, MA/CT..... 42 deg. 06' 21.3'' 72 deg. 35' 30.3''
Toledo, Ohio/Michigan................... 41 deg. 39' 14.2'' 83 deg. 32' 38.8''
Washington, DC/Maryland/Virginia........ 38 deg. 53' 51.4'' 77 deg. 00' 31.9''
----------------------------------------------------------------------------------------------------------------
* * * * *
349. Section 90.645 is amended by revising the third sentences of
paragraphs (g) and (h) to read as follows:
Sec. 90.645 Permissible operations.
* * * * *
(g) * * * Notification of such proposed exchanges shall be made to
the appropriate frequency coordinator(s) and to the Commission by
filing an application for license modification.
(h) * * * Notification of such proposed exchanges shall be made to
the appropriate frequency coordinator(s) and to the Commission by
filing an application for license modification.
* * * * *
350. Section 90.651 is revised to read as follows:
Sec. 90.651 Supplemental reports required of licensees authorized
under this subpart.
Licensees of conventional systems must notify the Commission in
accordance with Sec. 1.946 of this chapter of the number of mobile
units placed in operation within their construction period.
351. Section 90.655 is amended by revising the first sentence to
read as follows:
Sec. 90.655 Special licensing requirements for Specialized Mobile
Radio systems.
End users of conventional or trunked Specialized Mobile Radio
systems that have control stations that require FAA clearance, as
specified in Secs. 17.7 through 17.17 of this chapter, or that may have
a significant environmental effect, as defined by Sec. 1.1307, or that
are located in a ``quiet zone'', as defined by Sec. 1.924 of this
chapter must be individually licensed for such control stations prior
to construction or operation. * * *
Sec. 90.657 [Removed]
352. Section 90.657 is removed.
353. Section 90.658 is amended by revising paragraph (a) of this
section to read as follows:
Sec. 90.658 Loading data required for base station licensees of
trunked Specialized Mobile Radio systems to acquire additional channels
or to renew trunked systems licensed before June 1, 1993.
(a) A base station licensee of a trunked system applying for its
first renewal in a waiting list area for a system licensed before June
1, 1993 must identify, using FCC Form 601, the number of mobiles and
control stations loaded on its system as calculated in paragraph (b) of
this section.
* * * * *
Sec. 90.659 [Removed]
354. Section 90.659 is removed.
355. Section 90.683 is amended by revising paragraph (a)(4) and
removing and reserving paragraph (a)(5) of this section to read as
follows:
Sec. 90.683 EA-based SMR system operations.
(a) * * *
(4) Upon request by an incumbent licensee or the Commission, the EA
licensees shall furnish the technical parameters, location and
coordinates of the completion of the addition, removal, relocation or
modification of any of its facilities within the EA. The EA licensee
must provide such information within ten (10) days of receiving a
written request.
(5) [Reserved]
* * * * *
356. Section 90.687 is amended by revising the first sentence to
read as follows:
Sec. 90.687 Special provisions regarding assignments and transfers of
authorizations for incumbent SMR licensees in the 816-821/861-866 MHz
band.
An SMR license initially authorized on any of the channels listed
in Table 4A of Sec. 90.617 of this part may transfer or assign its
channel(s) to another entity subject to the provisions of Sec. 1.948 of
this chapter and Sec. 90.609(b) of this part. * * *
357. Section 90.693 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 90.693 Grandfathering provisions for incumbent licensees.
* * * * *
(b) Spectrum Blocks A through V. An incumbent licensee's service
area shall be defined by its originally-licensed 40 dBV/m
field strength contour and its interference contour shall be defined as
its originally-licensed 22 dBMUV/m field strength contour. Incumbent
licensees are permitted to add, remove or modify transmitter sites
within their original 22 dBV/m field strength contour without
prior notification to the Commission so long as their original 22
dBV/m field strength contour is not expanded and the station
complies with the Commission's short-spacing criteria in
Secs. 90.621(b)(4) through 90.621(b)(6) of this part.
(c) Special Provisions for Spectrum Blocks D through V. Incumbent
licensees that have received the consent of all affected parties to
utilize an 18 dBV/m signal strength interference contour shall
have their service area defined by their originally-licensed 36
dBV/m field strength contour and its interference contour
shall be defined as their originally-licensed 18 dBMUV/m field strength
contour. Incumbent licensees are permitted to add, remove or modify
transmitter sites within their original 18 dBV/m field
strength contour without prior notification to the Commission so long
as their original 18 dBV/m field strength contour is not
expanded and the station complies with the Commission's short-spacing
criteria in Secs. 90.621(b)(4) through 90.621(b)(6) of this part.
(d) * * *
[[Page 68971]]
358. Section 90.701 is amended by revising paragraph (a) to read as
follows:
Sec. 90.701 Scope.
(a) Frequencies in the 220-222 MHz band are available for land
mobile and fixed use for both Government and non-Government operations.
This subpart supplements part 1, subpart F of this chapter which
establishes the requirements and conditions under which commercial and
private radio stations may be licensed in the Wireless
Telecommunications Services. The provisions of this subpart contain
additional pertinent information for current and prospective licensees
specific to the 220-222 MHz band.
* * * * *
359. Section 90.705 is revised to read as follows:
Sec. 90.705 Forms to be used.
Phase II applications for EA, Regional, or Nationwide radio
facilities under this subpart must be prepared in accordance with
Secs. 90.1009 and 90.1013 of this part. Phase II applications for radio
facilities operating on public safety/mutual aid channels (Channels 161
through 170) or emergency medical channels (Channels 181 through 185)
under this subpart must be prepared on FCC Form 601 and submitted or
filed in accordance with Sec. 1.913 of this chapter.
360. Section 90.711 is amended by revising paragraph (a)
introductory text and removing paragraph (a)(5) to read as follows:
Sec. 90.711 Processing of Phase II applications.
(a) Phase II applications for authorizations on Channels 166
through 170 and Channels 181 through 185 will be processed on a first-
come, first-served basis. When multiple applications are filed on the
same day for these frequencies in the same geographic area, and
insufficient frequencies are available to grant all applications (i.e.,
if all applications were granted, violation of the station separation
provisions of Sec. 90.723(k) of this part would result), these
applications will be considered mutually exclusive.
* * * * *
361. Section 90.733 is amended by revising paragraph (h)(2) to read
as follows:
Sec. 90.733 Permissible operations.
* * * * *
(h) * * *
(2) Operate only at temporary locations in accordance with the
provisions of Sec. 1.931 of this chapter;
* * * * *
362. Section 90.737 is amended by revising paragraphs (d) and (e)
to read as follows:
Sec. 90.737 Supplemental reports required of Phase I licenses.
* * * * *
(d) Except for licensees of nationwide systems, all licensees must
report whether construction of the facility has been completed in
accordance with Sec. 1.947 of this chapter.
(e) All reports must be filed in accordance with Sec. 1.913 of this
chapter.
363. Section 90.741 is revised to read as follows:
Sec. .90.741 Urban areas for Phase I nationwide systems.
Licensees of Phase I nationwide systems must construct base
stations, or fixed stations transmitting on frequencies in the 220-221
MHz band, in a minimum of 28 of the urban areas listed in the following
Table within ten years of initial license grant. A base station, or
fixed station, is considered to be within one of the listed urban areas
if it is within 60 kilometers (37.3 miles) of the specified coordinates
(coordinates are referenced to North American Datum 1983 (NAD83)).
Table
----------------------------------------------------------------------------------------------------------------
Urban area North latitude West longitude
----------------------------------------------------------------------------------------------------------------
New York, New York-Northeastern New 40 deg. 45' 06.4'' 73 deg. 59' 37.5''
Jersey.
Los Angeles-Long Beach, California...... 34 deg. 03' 15.0'' 118 deg. 14' 31.3''
Chicago, Illinois-Northwestern Indiana.. 41 deg. 52' 28.1'' 87 deg. 38' 22.2''
Philadelphia, Pennsylvania/New Jersey... 39 deg. 56' 58.4'' 75 deg. 09' 19.6''
Detroit, Michigan....................... 42 deg. 19' 48.1'' 83 deg. 02' 56.7''
Boston, Massachusetts................... 42 deg. 21' 24.4'' 71 deg. 03' 23.2''
San Francisco-Oakland, California....... 37 deg. 46' 38.7'' 122 deg. 24' 43.9''
Washington, DC/Maryland/Virginia........ 38 deg. 53' 51.4'' 77 deg. 00' 31.9''
Dallas-Fort Worth, Texas................ 32 deg. 47' 09.5'' 96 deg. 47' 38.0''
Houston, Texas.......................... 29 deg. 45' 26.8'' 95 deg. 21' 37.8''
St Louis, Missouri/Illinois............. 38 deg. 37' 45.2'' 90 deg. 12' 22.4''
Miami, Florida.......................... 25 deg. 46' 38.4'' 80 deg. 11' 31.2''
Pittsburgh, Pennsylvania................ 40 deg. 26' 19.2'' 79 deg. 59' 59.2''
Baltimore, Maryland..................... 39 deg. 17' 26.4'' 76 deg. 36' 43.9''
Minneapolis-St Paul, Minnesota.......... 44 deg. 58' 56.9'' 93 deg. 15' 43.8''
Cleveland, Ohio......................... 41 deg. 29' 51.2'' 81 deg. 41' 49.5''
Atlanta, Georgia........................ 33 deg. 45' 10.4'' 84 deg. 23' 36.7''
San Diego, California................... 32 deg. 42' 53.2'' 117 deg. 09' 24.1''
Denver, Colorado........................ 39 deg. 44' 58.0'' 104 deg. 59' 23.9''
Seattle-Everett, Washington............. 47 deg. 36' 31.4'' 122 deg. 20' 16.5''
Milwaukee, Wisconsin.................... 43 deg. 02' 19.0'' 87 deg. 54' 15.3''
Tampa, Florida.......................... 27 deg. 56' 59.1'' 82 deg. 27' 24.3''
Cincinnati, Ohio/Kentucky............... 39 deg. 06' 07.2'' 84 deg. 30' 34.8''
Kansas City, Missouri/Kansas............ 39 deg. 04' 56.0'' 94 deg. 35' 20.8''
Buffalo, New York....................... 42 deg. 52' 52.2'' 78 deg. 52' 20.1''
Phoenix, Arizona........................ 33 deg. 27' 12.2'' 112 deg. 04' 30.5''
San Jose, California.................... 37 deg. 20' 15.8'' 121 deg. 53' 27.8''
Indianapolis, Indiana................... 39 deg. 46' 07.2'' 86 deg. 09' 46.0''
New Orleans, Louisiana.................. 29 deg. 56' 53.7'' 90 deg. 04' 10.3''
Portland, Oregon/Washington............. 45 deg. 31' 05.4'' 122 deg. 40' 39.3''
Columbus, Ohio.......................... 39 deg. 57' 47.2'' 83 deg. 00' 16.7''
Hartford, Connecticut................... 41 deg. 46' 12.4'' 72 deg. 40' 47.3''
San Antonio, Texas...................... 29 deg. 25' 37.8'' 98 deg. 29' 07.1''
[[Page 68972]]
Rochester, New York..................... 43 deg. 09' 41.2'' 77 deg. 36' 20.0''
Sacramento, California.................. 38 deg. 34' 56.7'' 121 deg. 29' 44.8''
Memphis, Tennessee/Arkansas/Mississippi. 35 deg. 08' 46.3'' 90 deg. 03' 13.3''
Louisville, Kentucky/Indiana............ 38 deg. 14' 47.3'' 85 deg. 45' 48.9''
Providence-Pawtucket-Warwick, RI/MA..... 41 deg. 49' 32.4'' 71 deg. 24' 39.2''
Salt Lake City, Utah.................... 40 deg. 45' 22.8'' 111 deg. 53' 28.8''
Dayton, Ohio............................ 39 deg. 45' 32.2'' 84 deg. 11' 42.8''
Birmingham, Alabama..................... 33 deg. 31' 01.4'' 86 deg. 48' 36.0''
Bridgeport, Connecticut................. 41 deg. 10' 49.3'' 73 deg. 11' 20.4''
Norfolk-Portsmouth, Virginia............ 36 deg. 51' 10.5'' 76 deg. 17' 19.8''
Albany-Schenectady-Troy, New York....... 42 deg. 39' 01.3'' 73 deg. 44' 59.4''
Oklahoma City, Oklahoma................. 35 deg. 28' 26.2'' 97 deg. 31' 05.1''
Nashville-Davidson, Tennessee........... 36 deg. 09' 33.2'' 86 deg. 46' 55.0''
Toledo, Ohio/Michigan................... 41 deg. 39' 14.2'' 83 deg. 32' 38.8''
New Haven, Connecticut.................. 41 deg. 18' 25.3'' 72 deg. 55' 28.4''
Honolulu, Hawaii........................ 21 deg. 18' 48.6'' 157 deg. 51' 50.1''
Jacksonville, Florida................... 30 deg. 19' 44.9'' 81 deg. 39' 41.3''
Akron, Ohio............................. 41 deg. 05' 00.2'' 81 deg. 30' 43.4''
Syracuse, New York...................... 43 deg. 03' 04.2'' 76 deg. 09' 12.7''
Worcester, Massachusetts................ 42 deg. 15' 37.3'' 71 deg. 48' 15.3''
Tulsa, Oklahoma......................... 36 deg. 09' 12.3'' 95 deg. 59' 35.0''
Allentown-Bethlehem-Easton, PA/NJ....... 40 deg. 36' 11.4'' 75 deg. 28' 04.7''
Richmond, Virginia...................... 37 deg. 32' 15.5'' 77 deg. 26' 07.9''
Orlando, Florida........................ 28 deg. 32' 43.0'' 81 deg. 22' 37.3''
Charlotte, North Carolina............... 35 deg. 13' 44.5'' 80 deg. 50' 44.3''
Springfield-Chicopee-Holyoke, MA/CT..... 42 deg. 06' 21.3'' 72 deg. 35' 30.3''
Grand Rapids, Michigan.................. 42 deg. 58' 03.1'' 85 deg. 40' 13.1''
Omaha, Nebraska/Iowa.................... 41 deg. 15' 42.0'' 95 deg. 56' 15.1''
Youngstown-Warren, Ohio................. 41 deg. 05' 57.2'' 80 deg. 39' 01.3''
Greenville, South Carolina.............. 34 deg. 50' 50.4'' 82 deg. 24' 00.4''
Flint, Michigan......................... 43 deg. 00' 50.1'' 83 deg. 41' 32.8''
Wilmington, Delaware/New Jersey/Maryland 39 deg. 44' 46.4'' 75 deg. 32' 49.7''
Raleigh-Durham/North Carolina........... 35 deg. 46' 38.5'' 78 deg. 38' 20.0''
West Palm Beach, Florida................ 26 deg. 42' 37.2'' 80 deg. 03' 06.1''
Oxnard-Simi Valley-Ventura, California.. 34 deg. 12' 00.0'' 119 deg. 11' 03.4''
Fresno, California...................... 36 deg. 44' 11.8'' 119 deg. 47' 14.5''
Austin, Texas........................... 30 deg. 16' 09.8'' 97 deg. 44' 38.0''
Tucson, Arizona......................... 32 deg. 13' 15.3'' 110 deg. 58' 10.3''
Lansing, Michigan....................... 42 deg. 44' 01.1'' 84 deg. 33' 14.9''
Knoxville, Tennessee.................... 35 deg. 57' 39.3'' 83 deg. 55' 06.7''
Baton Rouge, Louisiana.................. 30 deg. 26' 58.7'' 91 deg. 11' 00.4''
El Paso, Texas.......................... 31 deg. 45' 36.4'' 106 deg. 29' 13.0''
Tacoma, Washington...................... 47 deg. 14' 58.4'' 122 deg. 26' 19.4''
Mobile, Alabama......................... 30 deg. 41' 36.7'' 88 deg. 02' 33.0''
Harrisburg, Pennsylvania................ 40 deg. 15' 43.3'' 76 deg. 52' 57.9''
Albuquerque, New Mexico................. 35 deg. 05 '01.2'' 106 deg. 39' 07.1''
Canton, Ohio............................ 40 deg. 47' 50.2'' 81 deg. 22' 36.4''
Chattanooga, Tennessee/Georgia.......... 35 deg. 02' 41.3'' 85 deg. 18' 31.8''
Wichita, Kansas......................... 37 deg. 41' 30.1'' 97 deg. 20' 17.2''
Charleston, South Carolina.............. 32 deg. 46' 35.6'' 79 deg. 55' 52.3''
San Juan, Puerto Rico................... 18 deg. 27' 52.8'' 66 deg. 06' 58.6''
Little Rock-North Little Rock, Arkansas. 34 deg. 44' 42.3'' 92 deg. 16' 37.5''
Las Vegas, Nevada....................... 36 deg. 10' 19.9'' 115 deg. 08' 40.0''
Columbia, South Carolina................ 34 deg. 00' 02.6'' 81 deg. 01' 59.3''
Fort Wayne, Indiana..................... 41 deg. 04' 21.2'' 85 deg. 08' 25.9''
Bakersfield, California................. 35 deg. 22' 30.9'' 119 deg. 01' 19.4''
Davenport-Rock Island-Moline, IA/IL..... 41 deg. 31' 00.1'' 90 deg. 35' 00.5''
Shreveport, Louisiana................... 32 deg. 30' 46.5'' 93 deg. 44' 58.6''
Des Moines, Iowa........................ 41 deg. 35' 14.0'' 93 deg. 37' 00.8''
Peoria, Illinois........................ 40 deg. 41' 42.1'' 89 deg. 35' 33.4''
Newport News-Hampton, Virginia.......... 36 deg. 59' 30.5'' 76 deg. 25' 58.8''
Jackson, Mississippi.................... 32 deg. 17' 56.5'' 90 deg. 11' 06.3''
Augusta, Georgia/South Carolina......... 33 deg. 28' 20.5'' 81 deg. 57' 59.4''
Spokane, Washington..................... 47 deg. 39' 31.6'' 117 deg. 25' 36.8''
Corpus Christi, Texas................... 27 deg. 47' 52.1'' 97 deg. 23' 46.0''
Madison, Wisconsin...................... 43 deg. 04' 23.0'' 89 deg. 22' 55.4''
Colorado Springs, Colorado.............. 38 deg. 50' 07.0'' 104 deg. 49' 17.9''
----------------------------------------------------------------------------------------------------------------
Note: The geographic coordinates are originally from the
Department of Commerce publication of 1947: ``Air-line Distances
Between Cities in the United States'' and from data supplied by the
National Geodetic Survey and converted to the reference system
[[Page 68973]]
of North American Datum 1983 using the National Geodetic Survey's
NADCON program. The coordinates are determined by using the first
city mentioned as the center of the urban area.
364. Section 90.751 is revised to read as follows:
Sec. 90.751 Minor modifications of Phase I, non-nationwide licenses.
Phase I non-nationwide licensees will be given an opportunity to
seek modification of their license to relocate their initially
authorized base station, i.e., locate their base station at a site
other than its initially authorized location. The conditions under
which modifications will be granted and the procedures for applying for
license modifications are described in Secs. 90.753, 90.757 and 1.929
of this chapter. For CMRS licensees, these modifications will be
treated as minor modifications in accordance with Sec. 1.929 of this
chapter.
365. Section 90.753 is amended by revising paragraphs (d) and (e)
to read as follows:
Sec. 90.753 Conditions of license modification.
* * * * *
(d) The application for a Phase I non-nationwide licensee proposing
a base station modification resulting in less than 120 km separation
from a co-channel licensee's initially authorized base station will be
accepted by the Commission only with the consent of that co-channel
licensee, as evidenced in a statement submitted concurrently with the
licensee's application submission on FCC Form 601.
(e) The application of a Phase I non-nationwide licensee proposing
a base station modification resulting in at least a 120 km separation
from each co-channel licensee's initially authorized base station but
more than one-half the distance over 120 km toward any co-channel
licensee's initially authorized base station will be accepted by the
Commission only with the consent of that co-channel licensee, as
evidenced in a statement submitted concurrently with the licensee's
submission on FCC Form 601.
Sec. 90.755 [Removed]
366. Section 90.755 is removed.
367. Section 90.763 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 90.763 EA, regional and nationwide system operations.
* * * * *
(b) * * *
(4) Upon request by a licensee or the Commission, an EA or regional
licensee shall furnish the technical parameters, location and
coordinates of the completion of the addition, removal, relocation or
modification of any of its facilities within the EA or region. The EA
or regional licensee must provide such information within ten (10) days
of receiving written notification.
* * * * *
368. Section 90.767 is amended by revising paragraph (c) to read as
follows:
Sec. 90.767 Construction and implementation of EA and Regional
licenses.
* * * * *
(c) Licensees must notify the Commission in accordance with
Sec. 1.946 of this chapter of compliance with the Construction
requirements of paragraphs (a) and (b) of this section.
* * * * *
369. Section 90.769 is amended by revising paragraph (c) to read as
follows:
Sec. 90.769 Construction and implementation of nationwide licenses.
* * * * *
(c) Licensees must notify the Commission in accordance with
Sec. 1.946 of this chapter of compliance with the Construction
requirements of paragraphs (a) and (b) of this section.
* * * * *
370. Section 90.911 is amended by revising the third sentence and
removing the fourth sentence of paragraph (b)(1) to read as follows:
Sec. 90.911 Partitioned licenses and disaggregated spectrum.
* * * * *
(b) * * *
(1) * * * The geographic coordinates must be specified in degrees,
minutes, and seconds to the nearest second of latitude and longitude
and must be based upon the 1983 North American Datum (NAD83). * * *
* * * * *
371. Section 90.1013 is revised to read as follows:
Sec. 90.1013 Long-form application (FCC Form 601).
Each successful bidder for a 220 MHz geographic area license must
submit a long-form application (FCC Form 601) in accordance with part
1, subpart F of this chapter within ten (10) business days after being
notified by Public Notice that it is the winning bidder. Regardless of
the number of markets won, winning bidders will only be required to
file a single application. Applications for 220 MHz geographic area
licenses on FCC Form 601 must be submitted in accordance with
Sec. 1.2107 of this chapter, all applicable procedures set forth in the
rules in this part, and any applicable Public Notices that the
Commission may issue in connection with an auction. After an auction,
the Commission will not accept long-form applications for 220 MHz
geographic area licenses from anyone other than the auction winners and
parties seeking partitioned licenses pursuant to agreements with
auction winners under Sec. 90.1019 of this part.
372. Section 90.1019 is amended by revising the section heading,
revising paragraphs (a), (b), and (c); by removing paragraph (d) and
revising and redesignating paragraph (e) as paragraph (d) to read as
follows:
Sec. 90.1019 Eligibility for partitioned licenses.
(a) Eligibility. Parties seeking approval for partitioning and
disaggregation shall request authorization for partial assignment of a
license pursuant to Sec. 1.948 of this chapter. The Commission will
consider applications that propose combinations of partitioning and
disaggregation.
(1) Phase I non-nationwide licensees may apply to partition their
licensed geographic service area or disaggregate their licensed
spectrum after constructing their systems and placing their in
operation or commencing service in accordance with the provisions in
Sec. 90.725(f) of this part.
(2) Phase I nationwide licensees may apply to partition their
licensed geographic service area or disaggregate their licensed
spectrum after constructing at least 40 percent of the geographic areas
designated in their applications in accordance with the provisions in
Sec. 90.725(a) of this part.
(3) Phase II licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any
time following the grant of their licenses.
(4) Phase I and Phase II licensees authorized to operate on
Channels 161 through 170 or Channels 181 through 185 are not eligible
to partition their geographic service area or disaggregate their
licensed spectrum.
(b) Partitioning. In the case of partitioning, applicants and
licensees must file FCC Form 603 pursuant to Sec. 1.948 and list the
partitioned service area on a schedule to the application. The
geographic coordinates must be specified in degrees, minutes, and
seconds to the nearest second of latitude and longitude and must be
based upon the 1983 North American Datum (NAD83). In the case where an
FCC-recognized service area or county lines are utilized, applicants
need only list the specific area(s) through use of FCC
[[Page 68974]]
designations or county names that constitute the partitioned area.
(c) License term. The license term for a partitioned license area
and for disaggregated spectrum shall be the remainder of the original
licensee's license term.
(d) Construction requirements. (1) Requirements for partitioning.
Parties seeking authority to partition must meet one of the following
construction requirements:
(i) The partitionee may certify that it will satisfy the applicable
construction requirements set forth in Secs. 90.767 or 90.769 of this
part, as applicable, for the partitioned license area; or
(ii) The original licensee may certify that it has or will meet its
five-year construction requirement and will meet the ten-year
construction requirement, as set forth in Secs. 90.767 or 90.769 of
this part, as applicable, for the entire license area. In that case,
the partitionee must only satisfy the requirements for ``substantial
service,'' as set forth in Sec. 90.743(a)(1) of this part, for the
partitioned license area by the end of the original ten-year license
term of the licensee.
(iii) Failure by any partitionee to meet its respective
construction requirements will result in the automatic cancellation of
the partitioned license without further Commission action (see
Sec. 1.946).
(2) Requirements for disaggregation. Parties seeking authority to
disaggregate spectrum must certify in FCC Form 601 which of the parties
will be responsible for meeting the five-year and ten-year construction
requirements for the particular market as set forth in Secs. 90.767 or
90.769 of this part, as applicable.
373. Section 90.1023 is amended by revising the introductory text
of paragraph (b) to read as follows:
Sec. 90.1023 Certifications, disclosures, records maintenance and
audits.
* * * * *
(b) Long-Form Applications: Certifications and Disclosure. In
addition to the requirements in Sec. 90.1013, each applicant submitting
a long-form application (FCC Form 601) for a 220 MHz service geographic
area license and qualifying as a small business or very small business
shall, in an exhibit to its long-form application:
* * * * *
PART 95--PERSONAL RADIO SERVICES
374. The authority citation for part 95 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154 and 303.
375. All undesignated center headings in Subpart A-General Mobile
Radio Service (GMRS) are removed.
376. Section 95.5 is revised to read as follows:
Sec. 95.5 License eligibility.
An individual (one man or one woman) is eligible to obtain, renew
and have modified a GMRS system license if that individual is 18 years
of age or older and is not a representative of a foreign government. A
non-individual (an entity other than an individual) is ineligible to
obtain a new GMRS system license or to make a major modification to an
existing GMRS system license. Certain non-individuals are eligible to
renew existing GMRS system licenses.
377. Section 95.7 is amended by revising the last sentence of
paragraph (b) to read as follows:
Sec. 95.7 Channel sharing.
(b) * * * Further, the use of any frequency at a given geographical
location may be denied when, in the judgment of the FCC, its use in
that location is not in the public interest; the use of any channel or
channel pair may be restricted as to specified geographical areas,
maximum power, or other operating conditions.
378. Section 95.21 is revised to read as follows:
Sec. 95.21 GMRS system description.
A GMRS system is one or more transmitting units used by station
operators to communicate messages. A GMRS system is comprised of:
(a) One or more station operators;
(b) One mobile station consisting of one or more mobile units (see
Sec. 95.23 of this part);
(c) One or more land stations (optional);
(d) Paging receivers (optional); and
(e) Fixed stations (optional).
379. Section 95.23 is amended by revising paragraph (b) and
removing paragraph (d) to read as follows:
Sec. 95.23 Mobile station description.
* * * * *
(b) A mobile station unit may transmit from any point within or
over any areas where radio services are regulated by the FCC except
where additional considerations apply.
* * * * *
380. Section 95.25 is amended by revising the introductory text of
paragraph (a), and revising paragraphs (d)(2)(i) and (f), and removing
and reserving paragraph (c) to read as follows:
Sec. 95.25 Land station description.
(a) A land station is a unit which transmits from a specific
address as determined by the licensee.
* * * * *
(c) [Reserved]
(d) * * *
(2) * * *
(i) South of Line A or west of Line C; or
* * * * *
(f) Each base station and each control station with an antenna
height greater than 6.1 meters (20 feet) must be separately identified
on Form 605. See Secs. 95.25 (d) and (e) and 95.51 of this part.
381. Section 95.29 is amended by revising paragraph (a) and
introductory text of paragraph (e), revising paragraphs (b) and (e)(2),
and removing and reserving paragraphs (c) and (d) to read as follows:
Sec. 95.29 Channels available.
(a) For a base station, fixed station, mobile station, or repeater
station (a GMRS station that simultaneously retransmits the
transmission of another GMRS station on a different channel or
channels), the licensee of the GMRS system must select the transmitting
channels or channel pairs for the stations in the GMRS system from the
following 462 MHz channels:
462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750,
462.7000 and 462.7250.
(b) For a mobile station, control station, or fixed station
operated in the duplex mode, the following 467 MHz channels may be used
only to transmit communications through a repeater station and for
remotely controlling a repeater station. The licensee of the GMRS
system must select the transmitting channels or channel pairs for the
stations operated in the duplex mode, from the following 467 MHz
channels:
467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750,
467.7000, and 467.7250.
(c) [Reserved]
(d) [Reserved]
(e) Mobile stations in a GMRS system licensed to an individual are
authorized to transmit on the 462.6750 MHz/467.6750 MHz channel pair
with the following limitations:
* * * * *
(2) The frequency 467.675 MHz may be used only for the purposes of
accessing and communicating through a repeater station transmitting on
462.675 MHz.
* * * * *
[[Page 68975]]
Sec. 95.31 [Removed]
382. Section 95.31 is removed.
Sec. 95.33 [Amended]
383. Section 95.33 is amended by removing paragraph (b).
Sec. 95.35 [Removed]
384. Section 95.35 is removed.
Sec. 95.37 [Removed]
385. Section 95.37 is removed.
Sec. 95.39 [Removed]
386. Section 95.39 is removed.
Secs. 95.41 through 95.43 [Removed]
387. Sections 95.41 through 95.43 are removed.
388. Section 95.45 is revised to read as follows:
Sec. 95.45 Considerations on Department of Defense land and in other
circumstances.
(a) The Department of Defense may impose additional restrictions on
a station transmitting on its land. (Before placing a station at such a
point, a licensee should consult with the commanding officer in charge
of the land.)
(b) Additional restrictions may apply when a land station in a GMRS
system is located near FCC field offices, near United States borders,
in quiet zones, or when it may have a significant impact upon the
environment. See Secs. 1.923 and 1.924 of this chapter.
Sec. 95.47 [Removed]
389. Section 95.47 is removed.
Sec. 95.49 [Removed]
390. Section 95.49 is removed.
391. Section 95.51 is revised to read as follows:
Sec. 95.51 Antenna height.
(a) Certain antenna structures used in a GMRS system and that are
more than 60.96 m (200 ft) in height, or are located near or at a
public-use airport must be notified to the FAA and registered with the
Commission as required by part 17 of this chapter.
(b) The antenna for a small base station or for a small control
station must not be more than 6.1 meters (20 feet) above the ground or
above the building or tree on which it is mounted.
Sec. 95.53 [Removed]
392. Section 95.53 is removed.
Sec. 95.55 [Removed]
393. Section 95.55 is removed.
Sec. 95.57 [Removed]
394. Section 95.57 is removed.
Sec. 95.59 [Removed]
395. Section 95.59 is removed.
Sec. 95.61 [Removed]
396. Section 95.61 is removed.
Secs. 95.71 through 95.73 [Removed]
397. Sections 95.71 through 95.73 are removed.
Sec. 95.75 [Removed]
398. Section 95.75 is removed.
Sec. 95.77 [Removed]
399. Section 95.77 is removed.
Sec. 95.79 [Removed]
400. Section 95.79 is removed.
Sec. 95.83 [Removed]
401. Section 95.83 is removed.
Sec. 95.85 [Removed]
402. Section 95.85 is removed.
Sec. 95.87 [Removed]
403. Section 95.87 is removed.
Sec. 95.89 [Removed]
404. Section 95.89 is removed.
405. Section 95.101 is amended by revising paragraph (a) to read as
follows:
Sec. 95.101 What the license authorizes.
(a) A GMRS license authorizes a GMRS station to transmit messages
to other GMRS stations at any geographical location within or over the
territorial limits of any area where radio services are regulated by
the FCC. These points are listed in Appendix A.
* * * * *
406. Section 95.103 is revised to read as follows:
Sec. 95.103 Licensee duties.
The licensee is responsible for the proper operation of the GMRS
system at all times. The licensee is also responsible for the
appointment of a station operator.
407. Section 95.105 is revised to read as follows:
Sec. 95.105 License term.
A license for a GMRS system is usually issued for a 5-year term.
Sec. 95.107 [Removed]
408. Section 95.107 is removed.
Sec. 95.109 [Removed]
409. Section 95.109 is removed.
Sec. 95.111 [Removed]
410. Section 95.111 is removed.
Sec. 95.113 [Removed]
411. Section 95.113 is removed.
412. Section 95.115 is amended by revising the second sentence to
read as follows:
Sec. 95.115 Station inspection.
* * * If an authorized FCC representative requests to inspect the
GMRS system records, the licensee must make them available.
413. Section 95.117 is revised to read as follows:
Sec. 95.117 Where to contact the FCC.
Additional GMRS information may be obtained from any of the
following sources:
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov/wtb/prs.
(c) In writing, to the FCC, Attention: GMRS, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
414. Section 95.119 is amended by revising the introductory text in
paragraph (a) and by revising paragraphs (b) and (d) to read as
follows:
Sec. 95.119 Station identification.
(a) Except as provided in paragraph (e), every GMRS station must
transmit a station identification:
* * * * *
(b) The station identification is the call sign assigned to the
GMRS station or system.
* * * * *
(d) The station identification must be transmitted in:
(1) Voice in the English language; or
(2) International Morse code telegraphy.
* * * * *
Sec. 95.121 [Removed]
415. Section 95.121 is removed.
Sec. 95.123 [Removed]
416. Section 95.123 is removed.
Sec. 95.125 [Removed]
417. Section 95.125 is removed.
Sec. 95.127 [Removed]
418. Section 95.127 is removed.
419. Section 95.129 is revised to read as follows:
Sec. 95.129 Station equipment.
Every station in a GMRS system must use transmitters the FCC has
certificated for use in the GMRS. Write to any FCC Field Office to find
out if a particular transmitter has been certificated for the GMRS. All
station equipment in a GMRS system must comply with the technical rules
in Part 95.
Sec. 95.131 [Removed]
420. Section 95.131 is removed.
Sec. 95.133 [Removed]
421. Section 95.133 is removed.
422. Section 95.135 is amended by removing and reserving paragraph
(b) and revising paragraph (d) to read as follows:
[[Page 68976]]
Sec. 95.135 Maximum authorized transmitting power.
* * * * *
(d) A fixed station must transmit with no more than 15 watts output
power.
* * * * *
Sec. 95.137 [Removed]
423. Section 95.137 is removed.
424. Section 95.139 is amended by removing paragraph (b) and
redesignating paragraph (c) as paragraph (b).
425. Section 95.171 is revised to read as follows:
Sec. 95.171 Station operator duties.
When a GMRS station is transmitting, it must have a station
operator. The station operator must be at the control point for that
station. The same person may be the operator for more than one station
at the same time. The station operator communicates messages and
controls the station. The station operator must also cooperate in
sharing each channel with station operators of other stations.
Sec. 95.173 [Removed]
426. Section 95.173 is removed.
Sec. 95.175 [Removed]
427. Section 95.175 is removed.
Sec. 95.177 [Removed]
428. Section 95.177 is removed.
429. Section 95.179 is amended by revising the introductory text of
paragraphs (a) and (b), revising paragraph (b)(1), and removing
paragraph (f) to read as follows:
Sec. 95.179 Individuals who may be station operators.
(a) An individual GMRS system licensee may permit immediate family
members to be station operators in his or her GMRS system. Immediate
family members are the:
* * * * *
(b) Only the following persons may be permitted to operate under
the authority of a GMRS system licensed to a non-individual:
------------------------------------------------------------------------
These persons may be station
If the GMRS system licensee is: operators:
------------------------------------------------------------------------
(i) A partnership......................... Licensee's partners and
employees.
(ii) A corporation........................ Licensee's officers,
directors, members and
employees.
(iii) An association...................... Licensee's members and
employees.
(iv) A governmental unit.................. Licensee's employees.
------------------------------------------------------------------------
* * * * *
430. Section 95.181 is amended by removing paragraphs (i) and (j)
and revising paragraph (f) and to read as follows:
Sec. 95.181 Permissible communications.
* * * * *
(f) A station operator may communicate tone messages for purposes
of identification or transmitter control in a control link.
* * * * *
431. Section 95.183 is added to read as follows:
Sec. 95.183 Prohibited communications.
(a) A station operator must not communicate:
(1) Messages for hire, whether the remuneration received is direct
or indirect;
(2) Messages in connection with any activity which is against
Federal, State, or local law;
(3) False or deceptive messages;
(4) Coded messages or messages with hidden meanings (``10 codes''
are permissible);
(5) Intentional interference;
(6) Music, whistling, sound effects or material to amuse or
entertain;
(7) Obscene, profane or indecent words, language or meaning;
(8) Advertisements or offers for the sale of goods or services;
(9) Advertisements for a political candidate or political campaign
(messages about the campaign business may be communicated);
(10) International distress signals, such as the word ``Mayday''
(except when on a ship, aircraft or other vehicle in immediate danger
to ask for help);
(11) Programs (live or delayed) intended for radio or television
station broadcast;
(12) Messages which are both conveyed by a wireline control link
and transmitted by a GMRS station;
(13) Messages (except emergency messages) to any station in the
Amateur Radio Service, to any unauthorized station, or to any foreign
station;
(14) Continuous or uninterrupted transmissions, except for
communications involving the immediate safety of life or property;
(15) Messages for public address systems.
(b) A station operator in a GMRS system licensed to a telephone
answering service must not transmit any communications to customers of
the telephone answering service.
432. Appendix A to subpart A of part 95 is revised to read as
follows:
Appendix A to Subpart A to Part 95--Locations Where GMRS Is Regulated
by the FCC
In ITU Region 2, the GMRS is regulated by the Commission within
the territorial limits of the 50 United States, District of
Columbia, Caribbean Insular areas (Commonwealth of Puerto Rico,
United States Virgin Islands (50 islets and cays) and Navassa
Island), and Johnston Island (Islets East, Johnston, North and Sand)
and Midway Island (Islets Eastern and Sand) in the Pacific Insular
areas.
In ITU Region 3, the GMRS is regulated by the Commission within
the Pacific Insular territorial limits of American Samoa (seven
islands), Baker Island, Commonwealth of Northern Mariana Islands,
Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra
Island (more than 50 islets), and Wake Island (Islets Peale, Wake
and Wilkes).
Appendix B to Subpart A [Removed]
433. Appendix B to subpart A of part 95 is removed.
Sec. 95.192 [Amended]
434. Section 95.192 is amended by removing and reserving
paragraphs (b) and (c).
435. Section 95.217 is amended by revising paragraph (b) to read
as follows:
Sec. 95.217 (R/C Rule 17) May I operate my R/C station transmitter by
remote control?
* * * * *
(b) You may operate an R/C transmitter by wireline remote
control if you obtain specific approval in writing from the FCC. To
obtain FCC approval, you must show why you need to operate your
station by wireline remote control. If you receive FCC approval, you
must keep the approval as part of your station records. See R/C Rule
24, Sec. 95.224.
* * * * *
436. Section 95.225 is revised to read as follows:
Sec. 95.225 (R/C Rule 25) How do I contact the FCC?
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
(c) In writing, to FCC, Attention: R/C, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
437. Section 95.419 is amended by revising paragraph (b) to read
as follows:
Sec. 95.419 (CB Rule 19) May I operate my CB station transmitter by
remote control?
* * * * *
(b) You may operate a CB transmitter by wireline remote control
if you obtain specific approval in writing from the FCC. To obtain
FCC approval, you must show why you need to operate your station by
wireline remote control. If you receive FCC approval, you must keep
the approval as part of your station records. See CB Rule 27,
Sec. 95.427.
* * * * *
438. Section 95.428 is revised to read as follows:
Sec. 95.428 (CB Rule 28) How do I contact the FCC?
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
[[Page 68977]]
(c) In writing, to FCC, Attention: CB, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
439. Section 95.801 is revised to read as follows:
Sec. 95.801 Scope.
This subpart sets out the regulations governing the licensing
and operation of an Interactive Video and Data Service (218-219 MHz
Service) system. This subpart supplements Part 1, Subpart F, which
establishes the requirements and conditions under which commercial
and private radio stations may be licensed and used in the Wireless
Telecommunications Services. The provisions of this subpart contain
additional pertinent information for current and prospective
licensees specific to the services governed by this Part 95.
440. Section 95.811 is amended by revising paragraph (a) and the
last sentence of paragraph (b) to read as follows:
Sec. 95.811 License requirements.
(a) Each 218-219 MHz Service system must be licensed in
accordance with Part 1, Subpart F of this chapter.
(b) * * * All other CTSs must be individually licensed to the
system licensee in accordance with Part 1, Subpart F of this
chapter.
* * * * *
441. Section 95.815 is revised to read as follows:
Sec. 95.815 License application.
(a) In addition to the requirements of Part 1, Subpart F of this
chapter, each application for an 218-219 MHz Service system license
must include a plan showing how the applicant intends to minimize
co-channel interference and interference to adjacent channel users
and a showing that the proposed system will provide coverage (39
dBu) to at least 50 percent of the population (1990 census) or land
area within the service area.
(b) In addition to the requirements of Part 1, Subpart F of this
chapter, each request by an 218-219 MHz Service system licensee to
add, delete, or modify an individually licensed CTS (the CTS antenna
exceeds 6.1 m (20 feet) (see Sec. 95.811(b) of this part)) must
include a description of the system after the proposed addition,
deletion, or modifications, including the population in the service
area, the number of component CTSs, and an explanation of how the
system will satisfy the service requirements specified in
Sec. 95.831 of this part.
442. Section 95.816 is amended by revising paragraph (c)(2)(ii)
to read as follows:
Sec. 95.816 Competitive bidding proceedings.
* * * * *
(c) * * *
(2) * * *
(ii) Applicants must submit a long-form application (FCC Form
601) within ten (10) business days after being notified that it is
the winning bidder for a license. See Sec. 1.2107(c) and (d) of this
chapter.
* * * * *
Sec. 95.817 [Removed]
443. Section 95.817 is removed.
444. Section 95.819 is amended by revising the first sentence of
paragraph (c) to read as follows:
Sec. 95.819 License transferability.
* * * * *
(c) Once the five year construction benchmark has been met,
licensees of 218-219 MHz Service systems that were not acquired
through competitive bidding may transfer, sell, assign, or give the
218-219 MHz Service system licenses together with all of its
component CTS licenses to any other entity in accordance with the
provisions of Sec. 1.948.* * *
Sec. 95.821 [Removed]
445. Section 95.821 is removed.
Sec. 95.833 [Amended]
446. Section 95.833 is amended by removing the second sentence
of the introductory text of paragraph (b).
Secs. 95.839 through 95.841 [Removed]
447. Sections 95.839 through 95.841 are removed.
PART 97--AMATEUR RADIO SERVICE
448. The authority citation for Part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154 and
303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended:
47 U.S.C. 151-155, 301-609, unless otherwise noted.
449. Section 97.3 is amended by removing the numbers in front of
each defined term in the definitions and inserting new definitions for
CEPT radio-amateur license, IARP, and ULS (Universal Licensing System)
to read as follows:
Sec. 97.3 Definitions
CEPT radio-amateur license. A license issued by a country belonging
to the European Conference of Postal and Telecommunications
Administrations (CEPT) that has adopted Recommendation T/R 61-01 (Nice
1985, revised in Paris 1992 and by correspondence August 1992).
IARP. International Amateur Radio Permit. A document issued
pursuant to the terms of the Inter-American Convention on an
International Amateur Radio Permit by a country signatory to that
Convention, other than the United States. Montrouis, Haiti. AG/
doc.3216/95.
ULS (Universal Licensing System). The consolidated database,
application filing system and processing system for all Wireless
Telecommunications Services.
450. Section 97.5 is amended by revising the introductory text of
paragraph (a) and paragraphs (b), (c) and (d) and adding paragraph (e)
to read as follows:
Sec. 97.5 Station license grant required.
(a) The station apparatus must be under the physical control of a
person named in an amateur station license grant on the ULS
consolidated license database or a person authorized for alien
reciprocal operation by Sec. 97.107 of this part, before the station
may transmit on any amateur service frequency from any place that is:
* * * * *
(b) The types of station license grants are:
(1) An operator/primary station license grant. One, but only one,
operator/primary station license grant may be held by any one person.
The primary station license is granted together with the amateur
operator license. Except for a representative of a foreign government,
any person who qualifies by examination is eligible to apply for an
operator/primary station license grant.
(2) A club station license grant. A club station license grant may
be held only by the person who is the license trustee designated by an
officer of the club. The trustee must be a person who holds an Amateur
Extra, Advanced, General, Technician Plus, or Technician operator
license grant. The club must be composed of at least four persons and
must have a name, a document of organization, management, and a primary
purpose devoted to amateur service activities consistent with this
part.
(3) A military recreation station license grant. A military
recreation station license grant may be held only by the person who is
the license custodian designated by the official in charge of the
United States military recreational premises where the station is
situated. The person must not be a representative of a foreign
government. The person need not hold an amateur operator license grant.
(4) A RACES station license grant. A RACES station license grant
may be held only by the person who is the license custodian designated
by the official responsible for the governmental agency served by that
civil defense organization. The custodian must be the civil defense
official responsible for coordination of all civil defense activities
in the area concerned. The custodian must not be a representative of a
foreign government. The custodian need not hold an amateur operator
license grant.
(c) The person named in the station license grant or who is
authorized for alien reciprocal operation by Sec. 97.107 of this Part
may use, in accordance with the applicable rules of this Part, the
[[Page 68978]]
transmitting apparatus under the physical control of the person at
places where the amateur service is regulated by the FCC.
(d) A CEPT radio-amateur license is issued to the person by the
country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
(e) An IARP is issued to the person by the country of which the
person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
451. Section 97.7 is revised to read as follows:
Sec. 97.7 Control operation required.
When transmitting, each amateur station must have a control
operator. The control operator must be a person:
(a) For whom an amateur operator/primary station license grant
appears on the ULS consolidated licensee database, or
(b) Who is authorized for alien reciprocal operation by Sec. 97.107
of this part.
452. Section 97.9 is revised to read as follows:
Sec. 97.9 Operator license grant.
(a) The classes of amateur operator license grants are: Novice,
Technician, Technician Plus (until such licenses expire, a Technical
Class license granted before February 14, 1991, is considered a
Technician Plus Class license), General, Advanced, and Amateur Extra.
The person named in the operator license grant is authorized to be the
control operator of an amateur station with the privileges authorized
to the operator class specified on the license grant.
(b) The person named in an operator license grant of Novice,
Technician, Technician Plus, General or Advanced Class, who has
properly submitted to the administering VEs, a FCC Form 605 document
requesting examination for an operator license grant of a higher class,
and who holds a CSCE indicating that the person has completed the
necessary examinations within the previous 365 days, is authorized to
exercise the rights and privileges of the higher operator class until a
final disposition of the application or until 365 days following the
passing of the examination, whichever comes first.
453. Section 97.13 is amended by revising paragraph (a) and the
last sentence of paragraphs (b) and (c)(2) to read as follows:
Sec. 97.13 Restrictions on station location.
(a) Before placing an amateur station on land of environmental
importance or that is significant in American history, architecture or
culture, the licensee may be required to take certain actions
prescribed by Secs. 1.1305-1.1319 of this chapter.
(b) * * * Geographical coordinates of the facilities that require
protection are listed in Sec. 0.121(c) of this chapter.
(c) * * *
(2) * * * Further information on evaluating compliance with these
limits can be found in the OET Bulletin Number 65, ``Evaluating
Compliance with FCC-Specified Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields.''
454. Section 97.15 is revised to read as follows:
Sec. 97.15 Station antenna structures.
Owners of certain antenna structures more than 60.96 meters (200
feet) above ground level at the site or located near or at a public use
airport must notify the Federal Aviation Administration and register
with the Commission as required by Part 17 of this chapter.
455. Section 97.17 is revised to read as follows:
Sec. 97.17 Application for new license grant.
(a) Any qualified person is eligible to apply for a new operator/
primary station, club station or military recreation station license
grant. No new license grant will be issued for a RACES station.
(b) Each application for a new amateur service license grant must
be filed with the FCC as follows:
(1) Each candidate for an amateur radio operator license which
requires the applicant to pass one or more examination elements must
present the administering VEs with all information required by the
rules prior to the examination. The VEs may collect the information
required by these rules in any manner of their choosing, including
creating their own forms. Upon completion of the examination, the
administering VEs will immediately grade the test papers and will then
issue a certificate for successful completion of an amateur radio
operator examination (CSCE) if the applicant is successful. The VEs
will send all necessary information regarding the candidate to the
Volunteer-Examiner Coordinator (VEC) coordinating the examination
session. Applications filed with the Commission by VECs must be filed
in an electronic batch file.
(2) For a new club or military recreation station license grant,
each applicant must present all information required by the rules to an
amateur radio organization having tax-exempt status under section
501(c)(3) of the Internal Revenue Code of 1986 that provides voluntary,
uncompensated and unreimbursed services in providing club and military
recreation station call signs (``Club Station Call Sign
Administrator'') who must submit the information to the FCC in an
electronic batch file. The Club Station Call Sign Administrator may
collect the information required by these rules in any manner of their
choosing, including creating their own forms. The Club Station Call
Sign Administrator must retain the applicants information for at least
15 months and make it available to the FCC upon request. The FCC will
issue public announcements listing the qualified organizations that
have completed a pilot autogrant batch filing project and are
authorized to serve as a Club Station Call Sign Administrator.
(c) No person shall obtain or attempt to obtain, or assist another
person to obtain, or attempt to obtain, an amateur service license
grant by fraudulent means.
(d) One unique call sign will be shown on the license grant of each
new primary, club and military recreation station. The call sign will
be selected by the sequential call sign system.
456. Section 97.19 is amended by revising paragraphs (a), (b), (c)
and (d)(1) to read as follows:
[[Page 68979]]
Sec. 97.19 Application for a vanity call sign.
(a) The person named in an operator/primary station license grant
or in a club station license grant is eligible to make application for
modification of the license grant, or the renewal thereof, to show a
call sign selected by the vanity call sign system. RACES and military
recreation stations are not eligible for a vanity call sign.
(b) Each application for a modification of an operator/primary or
club station license grant, or the renewal thereof, to show a call sign
selected by the vanity call sign system must be filed in accordance
with Sec. 1.913 of this chapter.
(c) Unassigned call signs are available to the vanity call sign
system with the following exceptions:
(1) A call sign shown on an expired license grant is not available
to the vanity call sign system for 2 years following the expiration of
the license.
(2) A call sign shown on a surrendered, revoked, set aside,
canceled, or voided license grant is not available to the vanity call
sign system for 2 years following the date such action is taken.
(3) Except for an applicant who is the spouse, child, grandchild,
stepchild, parent, grandparent, stepparent, brother, sister,
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and
except for an applicant who is a club station license trustee acting
with the written consent of at least one relative, as listed above, of
a person now deceased, the call sign shown on the license of person now
deceased is not available to the vanity call sign system for 2 years
following the person's death, or for 2 years following the expiration
of the license grant, whichever is sooner.
(d) * * *
(1) The applicant must request that the call sign shown on the
license grant be vacated and provide a list of up to 25 call signs in
order of preference.
* * * * *
457. Section 97.21 is revised to read as follows:
Sec. 97.21 Application for a modified or renewed license grant.
(a) A person holding a valid amateur station license grant:
(1) Must apply to the FCC for a modification of the license grant
as necessary to show the correct mailing address, licensee name, club
name, license trustee name or license custodian name in accordance with
Sec. 1.913 of this chapter. For a club, military recreation or RACES
station license grant, it must be presented in document form to a Club
Station Call Sign Administrator who must submit the information thereon
to the FCC in an electronic batch file. The Club Station Call Sign
Administrator must retain the collected information for at least 15
months and make it available to the FCC upon request.
(2) May apply to the FCC for a modification of the operator/primary
station license grant to show a higher operator class. Applicants must
present the administering VEs with all information required by the
rules prior to the examination. The VEs may collect the information
required by these rules in any manner of their choosing, including
creating their own forms. Upon completion of the examination, the
administering VEs will immediately grade the test papers and will then
issue a certificate for successful completion of an amateur radio
operator examination (CSCE) if the applicant is successful. The VEs
will send all necessary information regarding the candidate to the
Volunteer-Examiner Coordinator (VEC) coordinating the examination
session. Applications filed with the Commission by VECs must be filed
in an electronic batch file.
(3) May apply to the FCC for renewal of the license grant for
another term in accordance with Sec. 1.913 of this chapter.
(i) For a station license grant showing a call sign obtained
through the vanity call sign system, the application must be filed in
accordance with Sec. 97.19 of this Part in order to have the vanity
call sign reassigned to the station.
(ii) For a primary station license grant showing a call sign
obtained through the sequential call sign system, and for a primary
station license grant showing a call sign obtained through the vanity
call sign system but whose grantee does not want to have the vanity
call sign reassigned to the station, the application must be filed with
the FCC in accordance with Sec. 1.913 of this chapter. When the
application has been received by the FCC on or before the license
expiration date, the license operating authority is continued until the
final disposition of the application.
(iii) For a RACES station license grant, for a club station or
military recreation station license grant showing a call sign obtained
through the sequential call sign system, and for a club or military
recreation station license grant showing a call sign obtained through
the vanity call sign system but whose grantee does not want to have the
vanity call sign reassigned to the station, the application must be
presented in document form to a Club Station Call Sign Administrator
who must submit the information thereon to the FCC in an electronic
batch file. The Club Station Call Sign Administrator must retain the
collected information for at least 15 months and make it available to
the FCC upon request.
(b) A person whose amateur station license grant has expired may
apply to the FCC for renewal of the license grant for another term
during a 2 year filing grace period. The application must be received
at the address specified above prior to the end of the grace period.
Unless and until the license grant is renewed, no privileges in this
Part are conferred.
(c) A call sign obtained under the sequential or vanity call sign
system will be reassigned to the station upon renewal or modification
of a station license.
458. Section 97.23 is revised to read as follows:
Sec. 97.23 Mailing address.
Each license grant must show the grantee's correct name and mailing
address. The mailing address must be in an area where the amateur
service is regulated by the FCC and where the grantee can receive mail
delivery by the United States Postal Service. Revocation of the station
license or suspension of the operator license may result when
correspondence from the FCC is returned as undeliverable because the
grantee failed to provide the correct mailing address.
459. Section 97.25 is revised to read as follows:
Sec. 97.25 License term.
An amateur service license is normally granted for a 10-year term.
460. Section 97.27 is amended by revising the section heading and
paragraph (a) introductory text to read as follows:
Sec. 97.27 FCC modification of station license grant.
(a) The FCC may modify a station license grant, either for a
limited time or for the duration of the term thereof, if it determines:
* * * * *
461. Section 97.29 is revised to read as follows:
Sec. 97.29 Replacement license grant document.
Each grantee whose amateur station license grant document is lost,
mutilated or destroyed may apply to the FCC for a replacement in
accordance with Sec. 1.913 of this chapter.
462. Section 97.107 is revised to read as follows:
Sec. 97.107 Reciprocal operating authority.
A non-citizen of the United States (``alien'') holding an amateur
service
[[Page 68980]]
authorization granted by the alien's government is authorized to be the
control operator of an amateur station located at places where the
amateur service is regulated by the FCC, provided there is in effect a
multilateral or bilateral reciprocal operating arrangement, to which
the United States and the alien's government are parties, for amateur
service operation on a reciprocal basis. The FCC will issue public
announcements listing the countries with which the United States has
such an arrangement. No citizen of the United States or person holding
an FCC amateur operator/primary station license grant is eligible for
the reciprocal operating authority granted by this section. The
privileges granted to a control operator under this authorization are:
(a) For an amateur service license granted by the Government of
Canada:
(1) The terms of the Convention Between the United States and
Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either
Country of Certain Radio Equipment or Stations in the Other Country;
(2) The operating terms and conditions of the amateur service
license issued by the Government of Canada; and
(3) The applicable rules of this part, but not to exceed the
control operator privileges of an FCC-granted Amateur Extra Class
operator license.
(b) For an amateur service license granted by any country, other
than Canada, with which the United States has a multilateral or
bilateral agreement:
(1) The terms of the agreement between the alien's government and
the United States;
(2) The operating terms and conditions of the amateur service
license granted by the alien's government;
(3) The applicable rules of this part, but not to exceed the
control operator privileges of an FCC-granted Amateur Extra Class
operator license; and
(c) At any time the FCC may, in its discretion, modify, suspend or
cancel the reciprocal operating authority granted to any person by this
section.
463. Section 97.119 is amended by revising paragraph (g) to read as
follows:
Sec. 97.119 Station identification.
* * * * *
(g) When the station is transmitting under the authority of
Sec. 97.107 of this part, an indicator consisting of the appropriate
letter-numeral designating the station location must be included before
the call sign that was issued to the station by the country granting
the license. For an amateur service license granted by the Government
of Canada, however, the indicator must be included after the call sign.
At least once during each intercommunication, the identification
announcement must include the geographical location as nearly as
possible by city and state, commonwealth or possession.
464. Section 97.201 is amended by revising paragraph (a) to read as
follows:
Sec. 97.201 Auxiliary station.
(a) Any amateur station licensed to a holder of a Technician,
Technician Plus, General, Advanced or Amateur Extra Class operator
license may be an auxiliary station. A holder of a Technician,
Technician Plus, General, Advanced or Amateur Extra Class operator
license may be the control operator of an auxiliary station, subject to
the privileges of the class of operator license held.
* * * * *
465. Section 97.203 is amended by revising paragraph (a) to read as
follows:
Sec. 97.203 Beacon station.
(a) Any amateur station licensed to a holder of a Technician,
Technician Plus, General, Advanced or Amateur Extra Class operator
license may be a beacon. A holder of a Technician, Technician Plus,
General, Advanced or Amateur Extra Class operator license may be the
control operator of a beacon, subject to the privileges of the class of
operator license held.
* * * * *
Sec. 97.205 [Amended]
466. Section 97.205 is amended by removing and reserving paragraph
(f) and removing paragraph (h).
467. Section 97.207 is amended by revising the introductory text of
paragraph (g) and paragraphs (h) and (i) to read as follows:
Sec. 97.207 Space station.
* * * * *
(g) The license grantee of each space station must make two written
pre-space station notifications to the International Bureau, FCC,
Washington, DC 20554. Each notification must be in accord with the
provisions of Articles 11 and 13 of the Radio Regulations.
* * * * *
(h) The license grantee of each space station must make a written
in-space station notification to the International Bureau no later than
7 days following initiation of space station transmissions. The
notification must update the information contained in the pre-space
notification.
(i) The license grantee of each space station must make a written
post-space station notification to the International Bureau no later
than 3 months after termination of the space station transmissions.
When the termination is ordered by the FCC, notification is required no
later than 24 hours after termination.
20. Section 97.301 is amended by revising the introductory text of
paragraphs (a) and (b) to read as follows:
Sec. 97.301 Authorized frequency bands.
* * * * *
(a) For a station having a control operator who has been granted a
Technician, Technician Plus, General, Advanced, or Amateur Extra Class
operator license or who holds a CEPT radio-amateur license or IARP of
any class:
* * * * *
(b) For a station having a control operator who has been granted an
Amateur Extra Class operator license or who holds a CEPT radio-amateur
license Class 1 license or Class 1 IARP:
* * * * *
468. Section 97.505 is amended by revising paragraph (a)(10) to
read as follows:
Sec. 97.505 Element credit.
(a) * * *
(10) An unexpired (or expired but within the grace period for
renewal) FCC-granted Novice, Technician Plus (including a Technician
Class operator license granted before February 14, 1991), General, or
Advanced Class operator license document, and a FCC Form 605 document
containing:
* * * * *
469. Section 97.509 is amended by revising paragraph (i) to read as
follows:
Sec. 97.509 Administering VE requirements.
* * * * *
(i) When the examinee is credited for all examination elements
required for the operator license sought, 3 VEs must certify that the
examinee is qualified for the license grant and that the VEs have
complied with these administering VE requirements. The certifying VEs
are jointly and individually accountable for the proper administration
of each examination element reported. The certifying VEs may delegate
to other qualified VEs their authority, but not their accountability,
to administer individual elements of an examination.
* * * * *
470. Section 97.519 is amended by revising paragraph (b)
introductory text and paragraphs(b)(1), (b)(2) and (b)(3) to read as
follows:
[[Page 68981]]
Sec. 97.519 Coordinating examination sessions.
* * * * *
(b) At the completion of each examination session, the coordinating
VEC must collect applicant information and tests results from the
administering VEs. Within 10 days of collection, the coordinating VEC
must:
(1) Screen collected information;
(2) Resolve all discrepancies and verify that the VE's
certifications are properly completed; and
(3) For qualified examinees, forward electronically all required
data to the FCC. All data forwarded must be retained for at least 15
months and must be made available to the FCC upon request.
PART 101--FIXED MICROWAVE SERVICES
471. The authority citation for Part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
472. Section 101.1 is amended by redesignating paragraphs (a) and
(b) as paragraphs (b) and (c) respectfully and adding a new paragraph
(a) to read as follows:
Sec. 101.1 Scope and authority.
(a) Part 1 of the Commission's rules contains the general rules of
practice and procedure applicable to proceedings before the Commission
and for the filing of applications for radio station licenses in the
fixed microwave services.
* * * * *
473. Section 101.3 is amended by adding a definition for
``Universal Licensing System'' (ULS) to read as follows:
Sec. 101.3 Definitions.
Universal Licensing System (ULS). The consolidated database,
application filing system and processing system for all Wireless
Telecommunications Services. The ULS offers Wireless Telecommunications
Bureau (WTB) applicants and the general public electronic filing of all
applications requests, and full public access to all WTB licensing
data.
474. Section 101.5 is amended by removing and reserving paragraphs
(a) and (c) and revising paragraph (b) to read as follows:
Sec. 101.5 Station authorization required.
(a) [Reserved]
(b) A separate application form must be filed electronically via
ULS for each Digital Electronic Message Service (DEMS) Nodal Station.
No license is required for a DEMS User Station. Authority for a DEMS
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
601 filed for the DEMS Nodal Station.
(c) [Reserved]
* * * * *
Sec. 101.9 [Removed]
475. Section 101.9 is removed.
Sec. 101.11 [Removed]
476. Section 101.11 is removed.
Sec. 101.13 [Removed]
477. Section 101.13 is removed.
Sec. 101.15 [Removed]
478. Section 101.15 is removed.
Sec. 101.19 [Removed]
479. Section 101.19 is removed.
480. Section 101.21 is amended by removing and reserving paragraphs
(a), (c) and (d) and revising paragraphs (b), (e) and (g) to read as
follows:
Sec. 101.21 Technical content of applications.
* * * * *
(a) [Reserved]
(b) Each application for a developmental authorization must be
accompanied by pertinent supplemental information as required by
Sec. 101.411 of this part in addition to such information as may be
specifically required by this section.
(c) [Reserved]
(d) [Reserved]
(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, its stability, effective isotropic radiated
power, emission designator, and type of modulation (digital).
Transmitting antenna(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(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.
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.
* * * * *
(g) Each application in the Local Multipoint Distribution Service
must contain all technical information required by FCC Form 601 and any
other applicable form or associated Public Notices and by any
applicable rules in this part.
481. Section 101.23 is revised to read as follows:
Sec. 101.23 Waiver of rules.
Waiver of these rules may be granted upon application or on the
Commission's own motion in accordance with Sec. 1.925 of this chapter.
Sec. 101.25 [Removed]
482. Section 101.25 is removed.
Sec. 101.27 [Removed]
483. Section 101.27 is removed.
Sec. 101.29 [Removed]
484. Section 101.29 is removed.
485. Section 101.31 is amended by revising the section heading, by
removing paragraphs (a), (c) and (d), redesignating paragraphs (b) and
(e) as paragraphs (a) and (b) respectfully, and revising newly
redesignated paragraphs (a)(1)(i), (a)(2), (a)(3)(vii), (a)(6), and
(b)(1)(v), and the introductory text of newly redesignated paragraph
(a)(3), and the first sentence of newly redesignated paragraph (b)(3),
and adding a Note to the chart in newly redesignated paragraph
(b)(1)(vi) to read as follows:
Sec. 101.31 Temporary and conditional authorizations.
* * * * *
(1) * * *
(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 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;
* * * * *
(2) Applications for authorizations to operate stations at
temporary locations under the provisions of this section shall be made
upon FCC Form 601. Blanket applications may be submitted for the
required number of transmitters.
(3) Except for operations in the 17.8-19.7 GHz band, the licensee
of stations which are authorized pursuant to the
[[Page 68982]]
provisions of paragraph (a) of this section shall notify the Commission
at least five (5) days prior to installation of the facilities stating:
* * * * *
(vii) A notification shall include compliance with the provisions
of Secs. 101.21(e) and 101.21(f) when operations are to be conducted in
the area of other terrestrial microwave stations or within the
coordination distance contours of a fixed earth station; and
* * * * *
(6) Operations in the 17.8-19.7 GHz band are prohibited in the
areas defined in Sec. 1.924 of this chapter. Operations proposed in the
areas defined in Sec. 1.924 of this chapter may not commence without
prior specific notification to, and authorization from, the Commission.
Such notification will contain the information specified in paragraph
(a)(3) of this section.
(b) * * *
(1) * * *
(v) The station site does not lie within 56.3 kilometers of any
international border, within a radio ``Quiet Zone'' identified in
Sec. 1.924 of this chapter or, if operated on frequencies in the 17.8-
19.7 GHz band, within any of the areas identified in Sec. 1.924 of this
chapter;
(vi) * * *
Note: Coordinates are referenced to North American Datum 1983
(NAD83).
* * * * *
(3) A conditional authorization pursuant to paragraphs (b)(1) and
(b)(2) of this section is evidenced by retaining the original executed
conditional licensing Certification Form with the station records. * *
*
* * * * *
Sec. 101.33 [Removed]
486. Section 101.33 is removed.
Sec. 101.35 [Removed]
487. Section 101.35 is removed.
Sec. 101.37 [Removed]
488. Section 101.37 is removed.
Sec. 101.39 [Removed]
489. Section 101.39 is removed.
Sec. 101.41 [Removed]
490. Section 101.41 is removed.
Sec. 101.43 [Removed]
491. Section 101.43 is removed.
492. Section 101.45 is amended by revising the introductory text of
paragraph (b), paragraph (d), the introductory text of paragraph (f)
and paragraphs (f)(1), (f)(2) and (f)(4) and removing paragraph (h) to
read as follows:
Sec. 101.45 Mutually exclusive applications.
* * * * *
(b) A common carrier application, except in the Local Multipoint
Distribution Service, will be entitled to comparative consideration
with one or more conflicting applications only if:
* * * * *
(d) Private operational fixed point-to-point microwave applications
for authorization under this part will be entitled to comparative
consideration with one or more conflicting applications in accordance
with the provisions of Sec. 1.227(b)(4) of this chapter.
* * * * *
(f) For 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. 1.929 of this
chapter), 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 of this part), and
the Commission or the presiding officer accepts the amendment pursuant
to Sec. 1.927 of this chapter;
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing or by comparative evaluation pursuant to
Sec. 101.51 provided that the amendment does not create new or
additional frequency conflicts;
* * * * *
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 1.935 of this chapter
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;
* * * * *
Sec. 101.47 [Removed]
493. Section 101.47 is removed.
494. Section 101.51 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 101.51 Comparative evaluation of mutually exclusive applications.
(a) * * *
(3) The Commission determines, initially or at any time during the
procedure outline 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 Sec. 1.915 of this chapter.
* * * * *
Sec. 101.53 [Removed]
495. Section 101.53 is removed.
Sec. 101.55 [Amended]
496. Section 101.55 is amended by removing and reserving paragraph
(b).
497. Section 101.56 is amended by revising the third sentence and
removing the fourth sentence of paragraph (a)(2)(ii) and removing
paragraph (a)(3) to read as follows:
Sec. 101.56 Partitioned service areas (PSAs) and disaggregated
spectrum.
(a) * * *
(2) * * *
(ii) * * * If geographic coordinate points are used, they must be
specified in degrees, minutes, and seconds to the nearest second of
latitude and longitude and must be based upon the 1983 North American
Datum (NAD83). * * *
* * * * *
Sec. 101.57 [Removed]
498. Section 101.57 is removed.
Sec. 101.59 [Removed]
499. Section 101.59 is removed.
500. Section 101.61 is revised to read as follows:
Sec. 101.61 Certain modifications not requiring prior authorization in
the Local Multipoint Distribution Service.
In the Local Multipoint Distribution Service (LMDS) licensees may
add, remove, or relocate facilities within the area authorized by the
license without prior authorization. Upon request by an incumbent
licensee or the Commission, an LMDS licensee shall furnish the
technical parameters, location and coordinates of the completion of the
addition, removal, relocation or modification of any of its facilities
within the BTA. The LMDS licensee must provide such information within
ten (10) days of receiving a written request.
501. Section 101.63 is amended by revising paragraphs (b), (d) and
(e) to read as follows:
Sec. 101.63 Period of construction; certification of completion of
construction.
* * * * *
[[Page 68983]]
(b) Failure to timely begin operation means the authorization
cancels automatically.
* * * * *
(d) Requests for extension of time may be granted upon a showing of
good cause pursuant to Sec. 1.946(e) of this chapter.
(e) Construction of any authorized facility or frequency must be
completed by the date specified in the license as pursuant to
Sec. 1.946 of this chapter.
502. Section 101.65 is revised to read as follows:
Sec. 101.65 Forfeiture and termination of station authorizations.
(a) In addition to the provisions of Sec. 1.955 of this chapter, a
license will be automatically forfeited in whole or in part without
further notice to the licensee upon 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) Pursuant to Sec. 1.955 of this chapter, if a station licensed
under this part discontinues operation on a permanent basis, the
licensee must cancel the license. 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.
503. Section 101.103 is amended by revising the second sentence of
paragraph (d)(1) to read as follows:
Sec. 101.103 Frequency coordination procedures.
* * * * *
(d) * * *
(1) * * * Coordination must be completed prior to filing an
application for regular authorization, or a major amendment to a
pending application, or any major modification to a license. * * *
* * * * *
504. Section 101.105 is amended by revising the first sentence of
the introductory text of paragraph (c)(3) to read as follows:
Sec. 101.105 Interference protection criteria.
* * * * *
(c) * * *
(3) Applicants for frequencies listed in Sec. 101.147(b)(1) of this
part must make the following showings that protection criteria have
been met over the entire service area of existing systems. * * *
* * * * *
Sec. 101.121 [Removed]
505. Section 101.121 is removed.
Sec. 101.123 [Removed]
506. Section 101.123 is removed.
Sec. 101.127 [Removed]
507. Section 101.127 is removed.
Sec. 101.129 [Amended]
508. Section 101.129 is amended by removing and reserving paragraph
(b).
509. Section 101.205 is amended by revising paragraph (a) and (c)
to read as follows:
Sec. 101.205 Operation during emergency.
* * * * *
(a) That as soon as possible after the beginning of such emergency
use, notice be sent to the Commission stating the nature of the
emergency and the use to which the station is being put;
* * * * *
(c) That the Commission must be notified immediately when such
special use of the station is terminated;
* * * * *
510. Section 101.305 is amended by revising paragraphs (a), (b),
(c), and (d)(1) to read as follows:
Sec. 101.305 Discontinuance, reduction, or impairment of service.
(a) If the public communication service provided by a station in
the Common Carrier Radio Services and the Local Multipoint Distribution
Service is involuntarily discontinued, reduced or impaired for a period
exceeding 48 hours, the station licensee must promptly notify the
Commission. In 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 Commission.
(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 license is terminated; except that station licenses in the
Local Multipoint Distribution Service are not terminated if the
discontinuance is a result of a change of status by the licensee from
common carrier to non-common carrier pursuant to Sec. 1.929 of this
chapter.
(c) Any licensee not subject to title II of the Communications Act
of 1934, as amended, who voluntarily discontinues, reduces or impairs
public communication service to a community or a part of a community
must notify the Commission within 7 days thereof. In the event of
permanent discontinuance of service, the station license is
automatically terminated; except that station licenses in the Local
Multipoint Distribution Service are not terminated if the
discontinuance is a result of a change of status by the licensee from
non-common carrier to common carrier pursuant to Sec. 1.929 of this
chapter.
(d) * * *
(1) Cancel the station license (or licenses); or
* * * * *
511. Section 101.413 is amended by revising the introductory text
of paragraph (a) to read as follows:
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 a comprehensive report
on the following items, in the order designated:
* * * * *
512. Section 101.503 is amended by revising the last sentence to
read as follows:
Sec. 101.503 Digital Electronic Message Service Nodal Stations.
* * * Any increase in that number must be applied for pursuant to
Sec. 1.913 of this chapter.
513. Section 101.701 is amended by revising paragraph (c) to read
as follows:
Sec. 101.701 Eligibility.
* * * * *
(c) Applications for stations or frequencies that will be used
primarily to relay broadcast television signals must include a
certification 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 certifications will be returned as unacceptable for filing.
[[Page 68984]]
514. Section 101.705 is revised to read as follows:
Sec. 101.705 Special showing for renewal of common carrier station
facilities using frequency diversity.
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 therefore must be submitted.
515. Section 101.815 is amended by revising paragraphs (a)(2) and
(b) to read as follows:
Sec. 101.815 Stations at temporary fixed locations.
(a) * * *
(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, an
application 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.
* * * * *
(b) Applications for authorizations to operate stations at
temporary locations under the provisions of this section may be made
upon FCC Form 601. Blanket applications may be submitted for the
required number of transmitters.
* * * * *
516. Section 101.817 is amended by revising the introductory text
of paragraph (a) to read as follows:
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 must include:
* * * * *
517. Section 101.1009 is amended by revising paragraphs (a)(1)(iii)
and (b) to read as follows:
Sec. 101.1009 System operations.
(a) * * *
(1) * * *
(iii) The station would affect the radio quiet zones under
Sec. 1.924 of this chapter.
* * * * *
(b) Whenever a licensee constructs or makes system changes as
described in paragraph (a) of this section, the licensee is required to
notify the Commission within 30 days of the change under Sec. 1.947 of
this chapter and include a statement of the technical parameters of the
changed station.
Sec. 101.1015 [Removed]
518. Section 101.1015 is removed.
519. Section 101.1017 is amended by revising paragraphs (a),
(b)(2), and (c)(2) to read as follows:
Sec. 101.1017 Requesting regulatory status.
(a) Initial applications. An applicant will specify on FCC Form 601
if it is requesting authorization to provide services on a common
carrier basis, a non-common carrier basis, or on both a common carrier
and non-common carrier basis.
(b) * * *
(2) Amendments to change, or add to, the carrier status in a
pending application are minor amendments pursuant to Sec. 1.927 of this
chapter.
(c) * * *
(2) Applications to change, or add to, the carrier status in a
license are modifications not requiring prior Commission authorization
filed under Sec. 1.927 of this chapter. If the change results in the
discontinuance, reduction, or impairment of an existing service, the
licensee is also governed by Sec. 101.305(b) or (c) and submits the
application under Sec. 1.927 of this chapter in conformance with the
time frames and requirements of Secs. 101.305 (b) or (c).
Sec. 101.1106 [Removed]
520. Section 101.1106 is removed.
[FR Doc. 98-32801 Filed 12-11-98; 8:45 am]
BILLING CODE 6712-01-P