[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63727-63745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29785]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 21, 74 and 101

[MM Docket 97-217; FCC 99-178]


MDS and ITFS Two-Way Transmissions

AGENCY: Federal Communications Commission.

ACTION: Final rule; reconsideration.

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SUMMARY: In this document, the Commission makes changes to the rules 
adopted in previous order which enabled licensees in the Multipoint 
Distribution Service (``MDS'') and Instructional Television Fixed 
Service (``ITFS'') to engage in fixed two-way transmissions. These new 
rule changes further enhance the flexibility of MDS and ITFS operations 
by making certain technical modifications and by extending the 
streamlined application processing system to ITFS major modification 
applications.

DATES: Effective January 21, 2000.

FOR FURTHER INFORMATION CONTACT: Dave Roberts (202) 418-1600, Video 
Services Division, Mass Media Bureau.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order on Reconsideration, MM Docket, 97-217, adopted July 
13, 1999 and released July 29, 1999. The full text of this 
Reconsideration Order is available for inspection and copying during 
normal business hours in the FCC Reference Room, Room CY-A257, Portals 
II, 445 12th Street, S.W., Washington, D.C., and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc. (``ITS''), Portals II, 445 12th Street, S.W. Room CY-
B402, Washington, D.C. 20554.

Synopsis of Report ad Order on Reconsideration on MDS and ITFS Two-
Way Transmissions

I. Introduction

    1. This Reconsideration Order is adopted by the Commission after 
receiving petitions for reconsideration of its Order in this docket. 
Two-Way Order, 63 FR 65087 (November 25, 1998). The Order was issued 
following a notice of proposed rulemaking, which arose from a petition 
for rulemaking filed by a group of 111 educators and participants in 
the wireless cable industry (collectively, ``Petitioners''), comprised 
of MDS and ITFS licensees, wireless cable operators, equipment 
manufacturers, and industry consultants and associations. 
Traditionally, MDS and ITFS had been one-way video service providers. 
The Petitioners sought rule changes which would facilitate the 
provision of two-way digital service by these providers. The Order (1) 
permitted both MDS and ITFS licensees to provide two-way services on a 
regular basis; (2) permitted increased flexibility on permissible 
modulation types; (3) permitted increased flexibility in spectrum use 
and channelization, including combining multiple channels to 
accommodate wider bandwidths, dividing 6 MHz channels into smaller 
bandwidths, and channel swapping; (4) adopted a number of technical 
parameters to mitigate the potential for interference among service 
providers and to ensure interference protection to existing MDS and 
ITFS services; (5) simplified and streamlined the licensing process for 
stations used in cellularized systems; and (6) modified the ITFS 
programming requirements in a digital environment. The Reconsideration 
Order further modified some of the technical rules and extended the 
streamlined application processing system to all ITFS modification 
applications. These rule changes were designed to provide greater 
flexibility to operators in the design and operation of systems. We 
believe that the rule modifications we adopt in the Reconsideration 
Order will facilitate the most efficient use of the affected spectrum, 
enhance the competitiveness of the wireless cable industry, and provide 
benefits to the educational community through the use of two-way 
services, while still permitting traditional use of the spectrum, thus 
giving both MDS and ITFS licensees the flexibility they need to serve 
the public interest.

II. Procedural Changes to Rules

A. Application Processing Issues
    2. In the Order, we adopted an application processing system that 
will substantially shift review of applications for new or modified 
response station hubs, boosters or downstream I Channel operations from 
Commission staff and leave much of the interference environment to be 
worked out by licensees. This system will now be extended to all ITFS 
modification applications. This system includes a one-day rolling 
filing window system. Each applicant will be required to

[[Page 63728]]

demonstrate protection of existing or previously proposed facilities, 
but applications filed on the same day will be granted and the filers 
left to resolve incompatibilities among themselves with little or no 
intervention by Commission staff. Because parties will be unable to 
offer reliable service without resolving such conflicts, we believe 
that the incentive to reach a resolution will be so great that 
Commission involvement will be unnecessary to resolve disputes.
    3. Applications will be placed on public notice without prior staff 
review of interference studies. The applicant must certify that it has 
completed, served upon potentially affected parties, and submitted to 
the Commission's copy contractor all required interference studies (or 
consent letters) and engineering showings demonstrating no 
interference. Before placing an application on public notice, 
Commission staff will review it to ensure that all required 
certifications are included, and any application that does not contain 
proper certifications will be dismissed. The application will be 
granted in reliance on the certifications on the 61st day after public 
notice, unless a petition to deny is filed or the application is 
subject to a random audit. A false certification will result in denial 
of the application and be grounds for license revocation. Though 
consistent with similar certification procedures that have been adopted 
for other communications services, this approach is particularly 
appropriate for MDS and ITFS, because of the interdependent and 
cooperative nature of the services. Any system causing non-consensual 
interference must cure it immediately or face shut-down, even if the 
relevant station applications had been unopposed.
    4. Because a large number of potentially conflicting applications 
are likely to be filed as soon as the new rules become effective, we 
have adopted a special one-week initial filing window, which will be 
announced by public notice. All applications filed during that window 
will be deemed filed as of the same day. Following the public notice 
announcing the filing of the applications submitted during that window, 
applicants will have a period of 60 days, during which no additional 
applications may be filed, to amend their applications and resolve 
conflicts. This 60-day period is the only time at which amendments may 
be made to any engineering portion of the application. Such amendments 
are not permitted once the rolling one-day filing window is in place. 
At the end of the 60-day period, the applications, as amended where 
applicable, will again be placed on public notice and be at that time 
subject to the same petition to deny, audit and grant procedures as 
during the one-day rolling filing window. We believe that our adoption 
of the one-week initial filing window will lessen the burden on all 
affected parties, including the Commission's staff, during the first 
round of application filing. We also believe that providing parties 
with an initial 60-day period during which they can resolve any 
apparent conflicts and then amend their applications without prejudice 
will serve to expedite service to the public by allowing parties to 
resolve their differences without the need to seek Commission review 
through the petition to deny process.
    5. When parties seek to create two-way systems that make the most 
efficient use of spectrum and that respond most effectively to public 
needs, it often will be necessary to make major modifications to 
existing ITFS facilities. Under the old system, these major 
modifications could only be sought in the context of a filing window. 
Waiting for such a filing window could seriously impede the creation of 
two-way systems and delay service to the public. We believe that by 
expanding the streamlined application processing system to cover all 
ITFS modification applications, including those which formerly required 
a window for filing, will greatly facilitate the creation of effective 
two-way systems to the benefit of MDS and ITFS licensees as well as to 
consumers.
B. Interference Complaints
    6. In the Two-Way Order, we stated that a ``documented complaint'' 
was required in the event of non-consensual interference in order to 
compel mandatory shut-down of an allegedly interfering station. At the 
urging of Petitioners and other parties, in the Reconsideration Order, 
we set out the requirements for such a complaint.
    7. Because the two-way paradigm is premised on cooperation between 
the parties, the documented complaint must contain a certification that 
the complainant has contacted the operator of the allegedly offending 
facility and attempted to resolve the situation before filing. The 
complaint must also specify: the nature of the interference, whether 
the interference is constant or intermittent, when the interference 
began and the site(s) most likely to be causing the interference. Where 
possible evidence demonstrating the effects of the interference should 
be included. Finally, the complaint must contain a motion for a 
temporary order that the interfering station cease transmitting. The 
complained against party shall have two business days from the date of 
filing to respond and the burden of proof lies on the complained 
against party. If we find in favor of the complainant, we shall order 
immediate shut-down of the facility and the operator of that facility 
must submit proof that the interference has been cured before it will 
be allowed to recommence operations.
C. Interference
    8. Registration of ITFS Receive Sites. The Catholic Television 
Network (``CTN'') asked to us clarify that we will continue to register 
ITFS receive sites. However, because we granted each ITFS licensee a 
35-mile protected service area (``psa'') and granted individual 
protection to all receive sites registered through the date of adoption 
of the Two-Way Order, we instead make clear that we will not any longer 
register ITFS receive sites. BellSouth requested that we hold that 
point-to-point ITFS receive sites would not be entitled to a psa. We 
reject that request because it would place an unacceptable burden on 
ITFS licensees who wish to convert from point-to-point to point-to-
multipoint transmission in the future.
    9. Advance Notification and Professional Installation. In the Two-
Way Order, we created a notification zone with a radius of 1960 feet 
around each ITFS receive site and required that the associated hub 
station licensee notify the appropriate ITFS licensee by certified mail 
at least 20 days prior to activation of any response station. We also 
required that response station transmitters be professionally installed 
to help prevent interference and to minimize the risk of human exposure 
to potentially hazardous radio-frequency (``RF'') emissions. In the 
Reconsideration Order, we modify these requirements in certain 
circumstances.
    10. We amend our rules to eliminate the notification and 
professional installation requirements for digital response stations in 
two-way cellularized systems utilizing no more than 18 dBW EIRP, 
contingent upon the operator of the associated hub station providing 
and installing replacement downconverters at registered ITFS receive 
sites with the outer edge to response station service area add beyond 
to a distance of 1960 feet. We also completely eliminate the profession 
installation and notification requirements for any response station 
operating with EIRP no greater than -6 dBW. In both cases, the problems 
these rules were meant to address, downconverter overload and unsafe 
exposure to RF emissions, are unlikely

[[Page 63729]]

to be caused as a result of the use of improved equipment in the first 
case and the very low power levels involved in the second case. Both of 
these changes should facilitate the installation of a very large number 
of response stations without the need for advance notification or 
professional installation, thereby cutting costs and making the service 
more affordable for users. We also waive our rules to permit the use of 
omnidirectional antennae at any response station with an EIRP no 
greater than -6 dBW. We also amended our rules to permit an ITFS 
licensee to waive the professional installation and advance 
notification requirements in regard to its own facilities.
    11. Timing and Method of Advance Notification. Except for those 
stations which are subject to one of the exceptions we adopted, we 
retain our advance notification requirement, but reduce the timing of 
the notification to one business day in advance of such activation. The 
main purpose of the advance notification requirement is to jump-start 
the interference identification process and we are persuaded that one 
business day is sufficient for that purpose. At the same time, this 
time period allies the concerns expressed by some parties of the anti-
competitive effects of a longer period. We also will permit the 
notification to be performed by fax or e-mail if the ITFS licensee has 
elected to receive it by either of these methods.
D. Technical Standards
    12. Spectral Mask. We clarify that for emissions such as QPSK and 
4-QAM, the ``flat top'' portion of the signal is the only point within 
the channel at which a correct comparison of the relative levels of in-
band and out-of-band power can be taken. We also emphasize that such 
emissions are constrained in terms of maximum permissible EIRP by the 
degree to which they are non-uniform.
    13. Frequency Tolerance. We amend the frequency tolerance 
requirement to 0.001% for non-VSB digital emissions, because this will 
not increase the potential for interference from these stations and 
will reduce the cost of manufacturing the oscillators used in these 
transmitters very significantly.
    14. Other Technical Considerations. We agree with CTN that the 
terms ``free space'' and ``unobstructed path'' in the rule pertaining 
to interference calculations are used inconsistently and replace them 
with the term ``terrain sensitive methodology.'' We also clarify that 
only the Epstein-Peterson signal propagation model may be used for 
interference calculations performed in accordance with Appendix D of 
both the Two-Way Order and the Reconsideration Order.
    15. Use of 125 kHz Channels. Consistent with our decision to 
broaden the field of ITFS and MDS applications subject to streamlined 
processing, we permit applications for traditional return-path use of I 
channels to filed under that system. We reject CTN's proposal to make 
all downstream operations on the I Channel secondary, this would 
undermine our goals of flexibility and efficiency in the spectrum.
E. Issues Primarily Involving ITFS
    16. Channel Swapping and Shifting. In the Two-Way Order, we 
authorized the use of channel swapping and shifting in systems where 
some party was using digital transmissions to provide maximum system 
flexibility and to give ITFS licensees flexibility in fulfilling their 
educational requirements. We now expand this authorization to permit 
channel swapping and shifting regardless of whether digital 
transmissions are employed. This will further maximize the flexibility 
of the service and benefit the public.
    17. Grandfathering of Excess Capacity Lease Provisions. We 
clarified that a lease containing a provision that automatically 
extended a 10-year initial term (formerly the maximum allowable term) 
to the maximum allowed by the Commission, did not loose its 
grandfathered status. However, we also clarified that a provision that 
simply automatically renewed the lease did not protect the leases 
grandfathered status. The first clarification will prevent any need for 
a mass renegotiation of leases, while the second will prevent leases 
from being grandfathered into perpetuity.
F. Booster Stations
    18. We amend our rules to make clear that a high-power booster may 
be utilized for digital and/or analog modulation, and that two-way 
operations are not a prerequisite for licensing a high-power booster. 
We also will permit ITFS excess-capacity lessees to apply for booster 
stations on ITFS frequencies if (1) the have the written consent of the 
main station licensee and (2) the lease contains a provision that 
requires the lessee to offer to assign the booster licenses to the main 
station licensee for purely nominal consideration upon lease 
termination.
G. Digital Declaratory Ruling
    19. Limited Exception to the Protected Service Area Definition for 
Modifications. Under our Rules, a modifying applicant may secure a 
waiver of the 35 mile psa definition and maintain ``grandfathered'' 
interference subject to six conditions: (1) the modification is filed 
after the effective date of the expanded psa; (2) the station being 
modified was authorized or proposed prior to that date; (3) the desired 
station was authorized on or before the effective date; (4) the 
predicted interference does not occur within the 710 square mile psa of 
the desired station; (5) the modification does not increase the size of 
the area suffering harmful interference; and (6) the modification does 
not result in any new interference to the desired station's psa. This 
exception may be expanded for any modification not resulting in new 
interference tot he desired station's psa nor increasing the size of 
the area suffering harmful interference to effectively nullify the 
fourth condition of the exception and allow preexisting interference 
even with the former 70 square mile psa which pertained prior to 
September 15, 1995. We also expand the exception to cover any 
modification application where either the modifying or desired station 
was proposed after the effective date of the expanded psa.
    20. Rights of Licensees Where Digital Operation Affects Use of 
Frequency Offset. We will continue to evaluate involuntary frequency 
offset proposals on a case-by-case basis. We also decline to mandate, 
at this time, a particular frequency offset or tolerance for the pilot 
carrier stations utilizing VSB digital modulation.
H. Procedural Matters
Ordering Clauses
    21. Accordingly, It is ordered that the above-referenced petitions 
for reconsideration and/or clarification of the Order are granted in 
part and denied in part, as described above.
    22. It is further ordered that the above-referenced petitions for 
clarification of the Digital Declaratory Ruling are granted in part and 
denied in part, and that the Declaratory Ruling on the Use of Digital 
Modulation by Multipoint Distribution Service and Instructional 
Television Fixed Service Stations is modified and clarified to the 
extent specified above. These modifications and clarifications shall be 
effective upon the release of this order.\1\
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    \1\ See 47 CFR 1.4(b)(2) and 1.103.
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    23. It is further ordered that the application for review of the 
October 17 Public Notice, filed November 18, 1996 by CAI Wireless 
Systems, Inc., is dismissed as moot.
    24. It is further ordered that, pursuant to the authority contained 
in Sections

[[Page 63730]]

4(i) and (j), 301, 303(f), 303(g), 303(h), 303(j), 303(r), 308(b), 403, 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 301, 303(f), 303(g), 303(h), 303(j), 303(r), 308(b), 
403, and 405, this Report and Order on Reconsideration is adopted, the 
Order is modified and clarified to the extent specified above, and 
Parts 21, 74 and 101 of the Commission's Rules, 47 CFR 21, 74 and 101 
are amended as set forth in the Rule Changes.
    25. The action contained herein has been analyzed with respect to 
the Paperwork Reduction Act of 1995 and found to impose new or modified 
reporting and recordkeeping requirements or burdens on the public. 
Implementation of these new or modified reporting and recordkeeping 
requirements will be subject to approval by the Office of Management 
and Budget (OMB) as prescribed by the Act. The new or modified 
paperwork requirements contained in this Report and Order on 
Reconsideration (which are subject to approval by OMB) will go into 
effect upon OMB approval. However, it is further ordered that the rule 
amendments set forth in Appendix C not pertaining to new or modified 
reporting or recordkeeping requirements will become effective January 
21, 2000.
    26. As required by Section 604 of the Regulatory Flexibility Act, 5 
U.S.C. 604, the Commission has prepared a Supplemental Final Regulatory 
Flexibility Analysis of the possible impact on small entities of the 
rules and policies adopted in this document. See Appendix B. It is 
further ordered that the Commission's Office of Public Affairs, 
Reference Operations Division, shall send a copy of this Report and 
Order on Reconsideration, including the Supplemental Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects

47 CFR Part 21

    Communications common carriers, Communications equipment, Reporting 
and recordkeeping requirements, Television.

47 CFR Part 74

    Communications equipment, Education, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 101

    Fixed Microwave Services.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 21, 74 and 101 as 
follows:

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

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

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

    2. Section 21.2 is amended by adding the definition of ``Documented 
complaint'' and by revising the first sentence of the definition of 
``Response station hub'' to read as follows:


Sec. 21.2  Definitions

* * * * *
    Documented complaint. A complaint that a party is suffering from 
non-consensual interference. A documented complaint must contain a 
certification that the complainant has contacted the operator of the 
allegedly offending facility and tried to resolve the situation prior 
to filing. The complaint must then specify the nature of the 
interference, whether the interference is constant or intermittent, 
when the interference began and the site(s) most likely to be causing 
the interference. The complaint should be accompanied by a videotape or 
other evidence showing the effects of the interference. The complaint 
must contain a motion for a temporary order to have the interfering 
station cease transmitting. The complaint must be filed with the 
Secretary's office and served on the allegedly offending party.
* * * * *
    Response station hub. A fixed facility licensed to an MDS licensee, 
and operated by an MDS licensee or the lessee of an MDS facility, for 
the reception of information transmitted by one or more MDS response 
stations that utilize digital modulation. * * *
* * * * *


Sec. 21.11  [Amended]

    3. Section 21.11(d) is amended by removing the number ``702'' and 
adding, in its place, the number ``305,'' and in paragraph (e) by 
removing the number ``704'' and adding, in its place, the number 
``306.''
    4. Section 21.23 is amended by revising paragraph (c)(1)(vi) and by 
adding paragraph (c)(2) to read as follows:


Sec. 21.23  Amendment of applications.

* * * * *
    (c) * * *
    (1) * * *
    (vi) Any technical change which would increase the effective 
radiated power in any horizontal or vertical direction by more than one 
and one-half (1.5) dB; or
* * * * *
    (2) Except during the sixty (60) day amendment period provided for 
in Sec. 21.27(d) of this part, any amendment to an application for a 
new or modified response station hub, booster station or point-to-
multipoint I channel(s) station or to an application for a modified 
main station that reflects any change in the technical specifications 
of the proposed facility, includes any new or modified analysis of 
potential interference to another facility or submits any interference 
consent from a neighboring licensee. Such an amendment shall result in 
the application being assigned a new file number and being treated as 
newly filed.
* * * * *
    5. Section 21.31 is amended by revising paragraph (a) and removing 
paragraph (e)(6)(iv) to read as follows:


Sec. 21.31  Mutually exclusive applications.

    (a) Except with respect to applications for new or modified 
response stations hubs, booster stations, and point-to-multipoint I 
channel stations, and to applications for modified main stations, filed 
on the same day or during the same window, the Commission will consider 
applications to be mutually exclusive if their conflicts are such that 
grant of one application would effectively preclude by reason of 
harmful electrical interference, or other practical reason, the grant 
of one or more of the other applications.
* * * * *
    6. Section 21.101 is amended by revising footnote 2 to paragraph 
(a) to read as follows:


Sec. 21.101  Frequency tolerance.

* * * * *
    2 Beginning January 21, 2000, the equipment 
authorized to be used at all MDS main stations, and at all MDS 
booster stations authorized pursuant to Sec. 21.913(b) of this part, 
shall maintain a frequency tolerance of 0.001%. MDS booster stations 
authorized pursuant to Sec. 21.913(e) of this part and MDS response 
stations authorized pursuant to Sec. 21.909 of this part shall 
employ transmitters with sufficient frequency

[[Page 63731]]

stability to ensure that the emission is, at all times, within the 
required emission mask.

    7. Section 21.201 is revised to read as follows:


Sec. 21.201  Posting of station license.

    (a) The instrument of authorization, a clearly legible photocopy 
thereof, or the name, address and telephone number of the custodian of 
the instrument of authorization shall be available at each station, 
booster station authorized pursuant to Sec. 21.913(b) and MDS response 
station hub. Each operator of an MDS booster station shall post at the 
booster station the name, address and telephone number of the custodian 
of the notification filed pursuant to Sec. 21.913(e) if such 
notification is not maintained at the booster station.
    (b) If an MDS station, an MDS booster station or an MDS response 
station hub is operated unattended, the call sign and name of the 
licensee shall be displayed such that it may be read within the 
vicinity of the transmitter enclosure or antenna structure.
    8. Section 21.900 is amended by redesignating paragraphs (a), (b), 
and (c) as paragraphs (a)(1), (a)(2), and (a)(3) respectively, by 
designating the introductory text as paragraph (a) introductory text, 
and by designating the concluding text as paragraph (b) and revising it 
to read as follows:


Sec. 21.900  Eligibility.

* * * * *
    (b) The applicant shall state whether service will be provided 
initially on a common carrier basis or on a non-common carrier basis. 
An applicant proposing to provide initially common carrier service 
shall state whether there is any affiliation or relationship to any 
intended or likely subscriber or program originator.
    9. Section 21.901 is amended by revising paragraph (d) to read as 
follows:


Sec. 21.901  Frequencies.

* * * * *
    (d) An MDS licensee or conditional licensee may apply to exchange 
evenly one or more of its assigned channels with another MDS licensee 
or conditional licensee in the same system, or with an ITFS licensee or 
conditional licensee in the same system. The licensees or conditional 
licensees seeking to exchange channels shall file in tandem with the 
Commission separate pro forma assignment of license applications, each 
attaching an exhibit which clearly specifies that the application is 
filed pursuant to a channel exchange agreement. The exchanged 
channel(s) shall be regulated according to the requirements applicable 
to the assignee.
* * * * *
    10. Section 21.902 is amended by revising paragraphs (b)(3), 
(b)(4), (b)(7), (f)(1), (f)(2)(i), (f)(2)(ii), (i)(1), (i)(2), (i)(4) 
introductory text, (i)(4)(iii) through (i)(4)(v), (i)(6)(i) 
introductory text, (i)(6)(iii)(E), (i)(6)(iii)(F) and (i)(6)(iv) to 
read as follows:


Sec. 21.902  Interference.

* * * * *
    (b) * * *
    (3) Engineer the system to provide at least 45 dB of cochannel 
interference protection within the 56.33 km (35 mile) protected service 
area of any authorized or previously-proposed ITFS or incumbent MDS 
station, and at each previously-registered ITFS receive site registered 
as of September 17, 1998 (or the appropriate value for bandwidths other 
than 6 MHz.)
    (4) Engineer the station to provide at least 0 dB of adjacent 
channel interference protection within the 56.33 km (35 mile) protected 
service area of any authorized or previously-proposed ITFS or incumbent 
MDS station, and at each previously-registered ITFS receive site 
registered as of September 17, 1998 (or the appropriate value for 
bandwidths other than 6 MHz.)
* * * * *
    (7) Notwithstanding the above, main, booster and response stations 
shall use the following formulas, as applicable, for determining 
compliance with: (1) Radiated field contour limits where bandwidths 
other than 6 MHz are employed at stations utilizing digital emissions; 
and (2) Cochannel and adjacent channel D/U ratios where the bandwidths 
in use at the interfering and protected stations are unequal and both 
stations are utilizing digital modulation or one station is utilizing 
digital modulation and the other station is utilizing either 6 MHz NTSC 
analog modulation or 125 kHz analog modulation (I channels only).
    (i) Contour limit: -73 dBW/m\2\ + 10 log(X/6) dBW/m\2\, where X is 
the bandwidth in MHz of the digital channel.
    (ii) Co-channel D/U: 45 dB + 10 log(X1/X2) 
dB, where X1 is the bandwidth in MHz of the protected 
channel and X2 is the bandwidth in MHz of the interfering 
channel.
    (iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), dB where X1 is the bandwidth in MHz of the 
protected channel and X2 is the bandwidth in MHz of the 
interfering channel.
* * * * *
    (f) * * *
    (1) Cochannel interference is defined as the ratio of the desired 
signal to the undesired signal present in the desired channel, at the 
output of a reference receiving antenna oriented to receive the maximum 
desired signal. Harmful interference will be considered present when a 
calculation using a terrain sensitive signal propagation model 
determines that this ratio is less than 45 dB (or the appropriate value 
for bandwidths other than 6 MHz.)
    (2) * * *
    (i) Harmful interference will be considered present when a 
calculation using a terrain sensitive model determines that this ratio 
is less than 0dB (or the appropriate value for bandwidths other than 6 
MHz.)
    (ii) In the alternative, harmful interference will be considered 
present for an ITFS station constructed before May 26, 1983, when a 
calculation using a terrain-sensitive propagation model determines that 
this ratio is less than 10 dB (or the appropriate value for bandwidths 
other than 6 MHz.) unless:
* * * * *
    (i)(1) For each application for a new station, or amendment 
thereto, proposing MDS facilities, filed on October 1, 1995, or 
thereafter, on or before the day the application or amendment is filed, 
the applicant must prepare, but is not required to submit with its 
application or amendment, an analysis demonstrating that operation of 
the MDS applicant's transmitter will not cause harmful electrical 
interference to each receive site registered as of September 17, 1998, 
nor within a protected service area as defined at paragraph (d)(1) of 
this section, of any cochannel or adjacent channel ITFS station 
licensed, with a conditional license, or proposed in a pending 
application on the day such MDS application is filed, with an ITFS 
transmitter site within 50 miles of the coordinates of the MDS 
station's proposed transmitter site.
    (2) For each application described in paragraph (i)(1) of this 
section, the applicant must serve, by certified mail, return receipt 
requested, on or before the day the application or amendment described 
in paragraph (i)(1) of this section is filed initially with the 
Commission, a copy of the complete MDS application or amendment, 
including each exhibit and interference study, described in paragraph 
(i)(1) of this section, on each ITFS licensee, conditional licensee, or 
applicant described in paragraph (i)(1) of this section.
* * * * *

[[Page 63732]]

    (4) For each application described in paragraph (i)(1) of this 
section, the applicant must file with the Commission in Washington, DC, 
on or before the 30th day after the application or amendment described 
in paragraph (i)(1) of this section is filed initially with the 
Commission, a written notice which contains the following:
* * * * *
    (iii) A list of each ITFS licensee and conditional licensee 
described in paragraph (i)(1) of this section;
    (iv) The address used for service to each ITFS licensee and 
conditional licensee described in paragraph (i)(1) of this section; and
    (v) A list of the date each ITFS licensee and conditional licensee 
described in paragraph (i)(1) of this section received a copy of the 
complete application or amendment described in paragraph (i)(1) of this 
section; or a notation of lack of receipt by the ITFS licensee or 
conditional licensee of a copy of the complete application or 
amendment, on or before such 30th day, together with a description of 
the applicant's efforts for receipt by each such licensee or 
conditional licensee lacking receipt of the application.
* * * * *
    (6) (i) Notwithstanding the provisions of Sections 1.824(c) and 
21.30(a)(4), for each application described in paragraph (i)(1) of this 
section, each ITFS licensee and each ITFS conditional licensee 
described in paragraph (i)(1) of this section may file with the 
Commission, on or before the 30th day after the public notice described 
in paragraph (i)(5) of this section, a petition to deny the MDS 
application.
* * * * *
    (iii) * * *
    (E) Include a demonstration, in those cases in which the MDS 
applicant's analysis is dependent upon modification(s) to the ITFS 
facility, that the harmful interference cannot be avoided by the 
proposed substitution of new or modified equipment to be supplied and 
installed by the MDS applicant, at no expense to the ITFS licensee or 
conditional licensee; and
    (F) Be limited to raising objections concerning the potential for 
harmful interference to its ITFS station, or concerning a failure by 
the MDS applicant to serve the ITFS licensee or conditional licensee 
with a copy of the complete application or amendment described in 
paragraph (i)(1) of this section.
    (iv) The Commission will presume an ITFS licensee or conditional 
licensee described in paragraph (i)(1) of this section has no objection 
to operation of the MDS station, if the ITFS licensee or conditional 
licensee fails to file a petition to deny by the deadline prescribed in 
paragraph (i)(6)(i) of this section.
* * * * *


Sec. 21.903  [Amended]

    11. Section 21.903 is amended by revising paragraph (d) to read as 
follows:
* * * * *
    (d) An MDS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.
    12. Section 21.904 is revised to read as follows:


Sec. 21.904  EIRP limitations.

    (a) The maximum EIRP of a main or booster station shall not exceed 
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than 
6 MHz, except as provided in paragraph (b) of this section.
    (b)(i) If a main or booster station sectorizes or otherwise uses 
one or more transmitting antennas with a non-omnidirectional horizontal 
plane radiation pattern, the maximum EIRP in a given direction shall be 
determined by the following formula:

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

    (ii) Beamwidth is the total horizontal plane beamwidth of the 
individual transmitting antenna for the station or any sector measured 
at the half-power points.
    (c) An increase in station EIRP, above currently-authorized or 
previously-proposed values, to the maximum values provided in 
paragraphs (a) and (b) of this section may be authorized, if the 
requested increase would not cause harmful interference to any 
authorized or previously-proposed, cochannel or adjacent channel 
station entitled to interference protection under the Commission's 
rules, or if an applicant demonstrates that:
    (1) A station that must be protected from interference could 
compensate for interference by increasing its EIRP; and
    (2) The interfered-with station may increase its own EIRP 
consistent with the rules and without causing harmful interference to 
any cochannel or adjacent channel main or booster station protected 
service area, response station hub or BTA/PSA, for which consent for 
the increased interference has not been obtained; and
    (3) The applicant requesting authorization of an EIRP increase 
agrees to pay all expenses associated with the increase in EIRP by the 
interfered-with station.
    (d) For television transmission if the authorized bandwidth is 4.0 
MHz or more for the visual and accompanying aural signal, the peak 
power of the accompanying aural signal must not exceed 10 percent of 
the peak visual power of the transmitter. The Commission may order a 
reduction in aural signal power to diminish the potential for harmful 
interference.
    (e) For main, booster and response stations utilizing digital 
emissions with non-uniform power spectral density (e.g. unfiltered 
QPSK), the power measured within any 100 kHz resolution bandwidth 
within the 6 MHz channel occupied by the non-uniform emission cannot 
exceed the power permitted within any 100 kHz resolution bandwidth 
within the 6 MHz channel if it were occupied by an emission with 
uniform power spectral density, i.e., if the maximum permissible power 
of a station utilizing a perfectly uniform power spectral density 
across a 6 MHz channel were 2000 watts EIRP, this would result in a 
maximum permissible power flux density for the station of 2000/60 = 
33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were 
substituted at the station, station power would still be limited to a 
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz 
channel, irrespective of the fact that this would result in a total 6 
MHz channel power of less than 2000 watts EIRP.
    13. Section 21.905 is amended by revising paragraphs (b) and (d) 
introductory text to read as follows:


Sec. 21.905  Emissions and bandwidth.

* * * * *
    (b) Quadrature amplitude modulation (QAM), digital vestigial 
sideband modulation (VSB), quadrature phase shift key modulation 
(QPSK), code division multiple access (CDMA), and orthogonal frequency 
division multiplex (OFDM) emissions may be employed, subject to 
compliance with the policies set forth in the Declaratory Ruling and 
Order, 11 FCC Rcd 18839 (1996). Use of OFDM also is subject to the 
subsequent Declaratory Ruling and Order, DA 99-554 (Mass Med. Bur. rel. 
Mar. 19, 1999). Other digital emissions may be added to

[[Page 63733]]

those authorized above, including emissions with non-uniform power 
spectral density, if the applicant provides information in accordance 
with the guidelines and procedures set forth in the Declaratory Ruling 
and Order which clearly demonstrates the spectral occupancy and 
interference characteristics of the emission. The licensee may 
subchannelize its authorized bandwidth, provided that digital 
modulation is employed and the aggregate power does not exceed the 
authorized power for the channel, and may utilize all or a portion of 
its authorized bandwidth for MDS response stations authorized pursuant 
to Sec. 21.909 of this part. The licensee may also, jointly with 
affected adjacent channel licensees, transmit utilizing bandwidth in 
excess of its authorized frequencies, provided that digital modulation 
is employed, all power spectral density requirements set forth in this 
part are met and the out-of-band emissions restrictions set forth in 
Sec. 21.908 of this part are met at and beyond the edges of the 
channels employed. The wider channels thus created may be redivided to 
create narrower channels.
* * * * *
    (d) Notwithstanding the above, any digital emission which complies 
with the out-of-band emission restrictions of Sec. 21.908 of this part 
may be used in the following circumstances:
* * * * *
    14. Section 21.906 is amended by revising paragraph (a) and by 
removing the third sentence from paragraph (d) to read as follows:


Sec. 21.906  Antennas.

    (a) Main and booster station transmitting antennas shall be 
omnidirectional, except that a directional antenna with a main beam 
sufficiently broad to provide adequate service may be used either to 
avoid possible interference with other users in the frequency band, or 
to provide coverage more consistent with distribution of potential 
receiving points. In lieu of an omnidirectional antenna, a station may 
employ an array of directional antennas in order to reuse spectrum 
efficiently. When an applicant proposes to employ a directional 
antenna, or a licensee notifies the Commission pursuant to Sec. 21.42 
of the installation of a sectorized antenna system, the applicant shall 
provide the Commission with information regarding the orientation of 
the directional antenna(s), expressed in degree of azimuth, with 
respect to true north, and the make and model of such antenna(s).
* * * * *
    15. Section 21.909 is amended by revising the last sentence of 
paragraph (a), paragraphs (b), (c) and (d), (g)(3), (g)(6)(i), 
(g)(6)(ii), (g)(8), (h), (k), (m), (n), and the first sentence of 
pargagraph (o) to read as follows:


Sec. 21.909  MDS response stations.

    (a) * * * When a 125 kHz channel is employed, the specific channel 
which may be used by the response station is determined in accordance 
with Secs. 21.901 and 74.939(j) of this chapter.
    (b) MDS response stations that utilize the 2150-2162 MHz band, the 
2500-2686 MHz band, and/or the 125 kHz channels may be installed and 
operated without an individual license, to communicate with a response 
station hub, provided that the conditions set forth in paragraph (g) of 
this section are met and that the MDS response stations' technical 
parameters are consistent with all applicable rules in this part and 
with the terms and conditions set out in the Commission's Declaratory 
Ruling and Order, 11 FCC Rcd 18839 (1996).
    (c) An applicant for a response station hub license, or for 
modification thereto where not subject to Sec. 21.41 or Sec. 21.42, 
shall:
    (1) File FCC Form 331 with Mellon Bank, and certify on that form 
that it has complied with the requirements of paragraphs (c)(2) and (d) 
of this section and that the interference data submitted under 
paragraph (d) of this section is complete and accurate. Failure to 
certify compliance and to comply completely with the requirements of 
paragraphs (c)(2) and (d) of this section shall result in dismissal of 
the application or revocation of the response station hub license, and 
may result in imposition of a monetary forfeiture; and
    (2) Submit the following to the Commission's copy contractor, both 
in hard copy and on sequential 3.5'' DSHD computer diskettes in ASCII 
for all Appendix D data and in a format to be specified by public 
notice for all other submissions:
    (i) Duplicates of the Form 331 filed with Mellon Bank; and
    (ii) The data required by Appendix D to the Report and Order on 
Reconsideration in MM Docket No. 97-217, FCC 99-178, ``Methods for 
Predicting Interference from Response Station Transmitters and to 
Response Station Hubs and for Supplying Data on Response Station 
Systems'' as amended; and
    (iii) The information, showings and certifications required by 
paragraph (d) of this section; and
    (3) Submit to the Commission, only upon Commission staff request, 
duplicates of the submissions required by paragraph (c)(2) of this 
section.
    (d) An applicant for a response station hub license shall, pursuant 
to paragraph (c)(2)(iii) of this section, submit to the Commission's 
copy contractor, in a format to be specified by the Commission at a 
later date, the following:
    (1) The channel plan (including any guardbands at the edges of the 
channel) to be used by MDS response stations in communicating with each 
response station hub, including a statement as to whether the applicant 
will employ the same frequencies on which response stations will 
transmit to also transmit on a point-to-multipoint basis from an MDS 
station or MDS booster station; and
    (2) A demonstration that:
    (i) The proposed response station hub is within a protected service 
area, as defined in Sec. 21.902(d) or Sec. 21.933, to which the 
applicant is entitled either:
    (A) by virtue of its being the licensee of an incumbent MDS station 
whose channels are being converted for MDS response station use; or
    (B) by virtue of its holding a Basic Trading Area or Partitioned 
Service Area authorization. In the case of an application for response 
stations to utilize one or more of the 125 kHz response channels, such 
demonstration shall establish that the response station hub is within 
the protected service area of the station authorized to utilize the 
associated E-Group or F-Group channel(s); and
    (ii) The entire proposed response service area is within a 
protected service area to which the applicant is entitled either (A) by 
virtue of its being the licensee of an incumbent MDS station whose 
channels are being converted for MDS response station use; or (B) by 
virtue of its holding a Basic Trading Area or Partitioned Service Area 
authorization. In the alternative, the applicant may demonstrate that 
the licensee entitled to any cochannel protected service area which is 
overlapped by the proposed response service area has consented to such 
overlap. In the case of an application for response stations to utilize 
one or more of the 125 kHz response channels, such demonstration shall 
establish that the response service area is entirely within the 
protected service area of the station authorized to utilize the 
associated E-Group or F-Group channel(s), or, in the alternative, that 
the licensee entitled to any cochannel protected service area which is 
overlapped by the proposed response service area has consented to such 
overlap; and
    (iii) The combined signals of all simultaneously operating MDS 
response

[[Page 63734]]

stations within all response service areas and oriented to transmit 
towards their respective response station hubs, and all cochannel MDS 
stations and booster stations licensed to or applied for by the 
applicant will not generate a power flux density in excess of -73 dBW/
m2 (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) outside 
the boundaries of the applicant's protected service area, as measured 
at locations for which there is an unobstructed signal path, except to 
the extent that consent of affected licensees has been obtained or 
consents have been granted pursuant to paragraph (d)(3)(ii) of this 
section to an extension of the response service area beyond the 
boundaries of the protected service area; and
    (iv) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 45 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(ii)):
    (A) within the protected service area of any authorized or 
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35 
mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) within the booster service area of any cochannel booster 
station entitled to such protection pursuant to Secs. 21.913(f) or 
74.985(f) of this chapter and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) at any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 
160.94 km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such cochannel 
station or hub consents to the application; and
    (v) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 0 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(iii)):
    (A) within the protected service area of any authorized or 
previously-proposed adjacent channel MDS or ITFS station with a 56.33 
km (35 mile) protected service area with center coordinates located 
within 160.94 km (100 miles) of the proposed response station hub; and
    (B) within the booster service area of any adjacent channel booster 
station entitled to such protection pursuant to Secs. 21.913(f) or 
74.985(f) of this chapter and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) at any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located 
within 160.94 km (100 miles) of the proposed response station hub, or, 
in the alternative, that the licensee of or applicant for such adjacent 
channel station or hub consents to the application; and
    (vi) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hub and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant will comply with the requirements of paragraph (i) of 
this section and Sec. 74.939(i) of this chapter.
    (3) A certification that the application has been served upon
    (i) the holder of any cochannel or adjacent channel authorization 
with a protected service area which is overlapped by the proposed 
response service area;
    (ii) the holder of any cochannel or adjacent channel authorization 
with a protected service area that adjoins the applicant's protected 
service area;
    (iii) the holder of a cochannel or adjacent channel authorization 
for any BTA or PSA inside whose boundaries are locations for which 
there is an unobstructed signal path for combined signals from within 
the response station hub applicant's protected service area; and
    (iv) every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed, incumbent MDS station with 
a 56.33 km (35 mile) protected service area with center coordinates 
located within 160.94 km (100 miles) of the proposed response station 
hub;
    (v) every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed ITFS station (including any 
booster station or response station hub) located within 160.94 km (100 
miles) of the proposed response station hub; and
    (vi) every licensee of any non-cochannel or non-adjacent channel 
ITFS station (including any booster station) with one or more 
registered receive sites in, or within 1960 feet of the proposed 
response station service area.
    (g) * * *
* * * * *
    (3) No response station shall operate with an EIRP in excess of 
that specified in the application for the response station hub pursuant 
to paragraph (d)(2)(i)(B) of this section for the particular regional 
class of characteristics with which the response station is associated, 
and such response station shall not operate at an excess of 33 dBW + 10 
log(X/6) dBW, where X is the channel width in MHz; and
* * * * *
    (6) * * *
    (i) First notifies the Commission, in a format to be specified by 
public notice, of the altered number of response stations of such 
class(es) to be operated simultaneously in such region, and certifies 
in that notification that it has complied with the requirements of 
paragraphs (g)(6)(ii) and (iii) of this section, and that the 
interference data submitted under paragraph (g)(6)(ii) is complete and 
accurate; and
    (ii) Provides the Commission's copy contractor with a set of 
sequential 3.5'' DSHD diskettes in ASCII format which update the 
previously filed response station data (see Sec. 21.909(c)(2)(ii) of 
this part) and with an analysis, in a format to be specified by public 
notice establishing that such alteration will not result in any 
increase in interference to the protected service area or protected 
receive sites of any existing or previously-proposed, cochannel or 
adjacent channel MDS or ITFS station or booster station, to the 
protected service area of any MDS Basic Trading Area or Partitioned 
Service Area licensee entitled to protection pursuant to paragraph 
(d)(3) of this section, or to any existing or previously-proposed, 
cochannel or adjacent channel response station hub, or response station 
under Sec. 21.949 of this part or Sec. 74.949 of this chapter; or that 
the applicant for or licensee of such facility has consented to such 
interference; and
* * * * *
    (8) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five 
miles of such receive site shall cooperate in good faith to 
expeditiously identify the source of

[[Page 63735]]

the interference. Each licensee of a response station hub with an 
associated response station contributing to such interference shall 
bear the joint and several obligation to promptly remedy all block 
downconverter overload interference at any ITFS registered receive site 
or at any receive site within an MDS or ITFS protected service area 
applied for prior to the submission of the application for the response 
station hub license, regardless of whether the receive site suffering 
the interference was constructed prior to or after the construction of 
the response station(s) causing the downconverter overload; provided, 
however, that the licensee of the registered ITFS receive site or the 
MDS or ITFS protected service area must cooperate fully and in good 
faith with efforts by the response station hub licensee to prevent 
interference before constructing response stations and/or to remedy 
interference that may occur. In the event that the associated response 
station(s) of more than one response station hub licensee contribute(s) 
to block downconverter interference at an MDS or ITFS receive site, 
such hub licensees shall cooperate in good faith to remedy promptly the 
interference.
    (h) Applicants must comply with part 17 of this chapter concerning 
notification to the Federal Aviation Administration of proposed antenna 
construction or alteration for all hub stations and associated response 
stations.
* * * * *
    (k) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
hub licensee as often as necessary to ensure that it is functioning in 
accordance with the requirements of the Commission's rules. The 
licensee of a response station hub is responsible for the proper 
operation of all associated response station transmitters. Each 
response station hub licensee is responsible for maintaining, and 
making available to the Commission upon request, a list containing all 
customer names and addresses, plus the technical parameters (EIRP, 
emission, bandwidth, antenna pattern/ height/ orientation/ 
polarization) pertinent to each class of response station within the 
response service area.
* * * * *
    (m) An MDS response station shall be operated only when engaged in 
communications with its associated MDS response station hub or MDS 
station or booster station, or for necessary equipment or system tests 
and adjustments. Upon initial installation, and upon relocation and 
reinstallation, a response station transmitter shall be incapable of 
emitting radiation unless, and until, it has been activated by 
reception of a signal from the associated MDS station or booster 
station. A hub station licensee shall be capable of remotely de-
activating any and all response station transmitters within its RSA by 
means of signals from the associated MDS station or booster station. 
Radiation of an unmodulated carrier and other unnecessary transmissions 
are forbidden.
    (n) All response stations utilizing an EIRP greater than 18 dBW 
shall be installed by the associated hub licensee or by the licensee's 
employees or agents. For the purposes of this section, all EIRP dBW 
values assume the use of a 6 MHz channel. For channel bandwidths other 
than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz) 
or down (channel <6 MHz) by 10 log(X/6) dBW, where X is the channel 
width in MHz. For response stations located within 1960 feet of an ITFS 
receive site registered and built prior to the filing of the 
application for the hub station license, the hub licensee must notify 
the licensee of the ITFS receive site at least one business day prior 
to the activation of these response stations. The notification must 
contain, for each response station to be activated, the following 
information: name and telephone number of a contact person who will be 
responsible for coordinating the resolution of any interference 
problems; street address; geographic coordinates to the nearest second; 
channels/subchannels (transmit only); and transmit antenna pattern, 
EIRP, orientation and height AMSL. (If transmit antenna pattern, EIRP, 
orientation or height AMSL are not known with specificity at the time 
of notification, the hub licensee may, instead, specify the worst-case 
values for the class of response station being activated.) Such notice 
to the ITFS licensee shall be given in writing by certified mail unless 
the ITFS licensee has requested delivery by email or facsimile. The 
ITFS licensee may waive the notification requirement on a site-specific 
basis or on a system-wide basis. The notification provisions of this 
section shall not apply if:
    (1) The response station will operate at an EIRP no greater than -6 
dBW; or
    (2) The response station will operate at an EIRP greater than -6 
dBW and no more than 18 dBW and:
    (i) The channels being received at the ITFS site are neither the 
same as, nor directly adjacent to, the channel(s) to be transmitted 
from the response station; and
    (ii) The hub station licensee has replaced, at its expense, the 
frequency downconverters used at all ITFS receive sites registered and 
constructed prior to the filing of the hub station application which 
are within 1960 feet of the hub station's response service area; and
    (iii) The downconverters, at a minimum, conform to the following 
specifications:
    (A) A frequency of operation covering the 2150-2162 MHz band or the 
2500-2686 MHz band; and
    (B) A third-order intercept point of 30 dBm; and
    (C) A conversion gain of 32 dB, or the same conversion gain as the 
existing ITFS downconverter, whichever is least; and
    (D) A noise figure of no greater than 2.5 dB, or no more than 1 dB 
greater than the noise figure of the existing ITFS downconverter, 
whichever is greater; and
    (iv) The proposal to upgrade the ITFS downconverter was made in 
writing and served upon the affected ITFS licensee, conditional 
licensee or applicant at the same time the application for the response 
station hub license was served on cochannel and adjacent channel ITFS 
parties and no objection was made within the 60-day period allowed for 
petitions to deny the hub station application.
    (o) Interference calculations shall be performed in accordance with 
Appendix D to the Report and Order on Reconsideration in MM Docket No. 
97-217, FCC 99-178, ``Methods For Predicting Interference From Response 
Station Transmitters and To Response Station Hubs and For Supplying 
Data on Response Station Systems'' as amended. * * *
    16. Section 21.910 is amended by revising the section heading, 
removing the introductory text, revising paragraphs (a) and (b), and 
removing paragraphs (c) and (d) to read as follows:


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

    (a) Any licensee who has elected common carrier status and who 
seeks to discontinue service on a common carrier basis and instead 
provide service on a non-common carrier basis, or who otherwise intends 
to reduce or impair service the carrier shall notify all affected 
customers of the planned discontinuance, reduction or impairment on or 
before the date that the licensee provides notice to the Commission 
pursuant to Sec. 21.903(d).
    (b) Notice shall be in writing to each affected customer unless the 
Commission authorizes in advance, for

[[Page 63736]]

good cause shown, another form of notice. Notice shall include the 
following:
    (1) Name and address of carrier; and
    (2) Date of planned service discontinuance, reduction or 
impairment; and
    (3) Points or geographic areas of service affected; and
    (4) How many and which channels are affected.
    17. Section 21.913 is amended by removing paragraph (e)(4) and 
redesignating paragraph (e)(5) as (e)(4), and revising paragraphs (a), 
(b), (e) introductory text, (e)(1), (e)(4)(i), (e)(4)(vi), and (h) to 
read as follows:


Sec. 21.913  Signal booster stations.

    (a) An MDS booster station may reuse channels to repeat the signals 
of MDS stations or to originate signals on MDS channels. The aggregate 
power flux density generated by an MDS station and all associated 
signal booster stations and all simultaneously operating cochannel 
response stations may not exceed -73 dBW/m2 (or the 
appropriately adjusted value based on the actual bandwidth used if 
other than 6 MHz, see Sec. 21.909(b)(7)(i)) at or beyond the boundary 
of the protected service area, as defined in Secs. 21.902(d) and 
21.933, of the main MDS station whose channels are being reused, as 
measured at locations for which there is an unobstructed signal path, 
unless the consent of the affected cochannel licensee is obtained.
    (b) A licensee or conditional licensee may secure a license for a 
high power signal booster station that has a maximum EIRP in excess of 
-9 dBW + 10 log(X/6) dBW where X is the channel width in MHz, if it 
complies with the out-of-band emission requirements of Sec. 21.908. The 
applicant for a high-power station, or for modification thereto, where 
not subject to Sec. 21.41 or Sec. 21.42, shall file FCC Form 331 with 
Mellon Bank, and certify on that form that the applicant has complied 
with the additional requirements of paragraph (b) of this section, and 
that the interference data submitted under this paragraph is complete 
and accurate. Failure to certify compliance and to comply completely 
with the following requirements of paragraph (b) of this section shall 
result in dismissal of the application or revocation of the high-power 
MDS signal booster station license, and may result in imposition of a 
monetary forfeiture. The applicant additionally is required to submit 
to the Commission's copy contractor (and to the Commission upon staff 
request), both in hard copy, and on sequential 3.5'' DSHD computer 
diskettes in a form to be specified by the Commission by public notice, 
duplicates of the Form 331 filed with Mellon Bank, and the following 
information:
    (1) A demonstration that the proposed signal booster station site 
is within the protected service area, as defined in Secs. 21.902(d) and 
21.933, of the MDS station whose channels are to be reused; and
    (2) A study which demonstrates that the aggregate power flux 
density of the MDS station and all associated booster stations and 
simultaneously operating cochannel response stations licensed to or 
applied for by the applicant, measured at or beyond the boundary of the 
protected service area of the MDS station whose channels are to be 
reused, does not exceed -73 dBW/m2 (or the appropriately 
adjusted value based on the actual bandwidth used if other than 6 MHz, 
see Sec. 21.907(b)(7)(i)) at locations for which there is an 
unobstructed signal path, unless the consent of the affected licensees 
has been obtained; and
    (3) In lieu of the requirements of Sec. 21.902(c) and (i), a study 
which demonstrates that the proposed booster station will cause no 
harmful interference (as defined in Sec. 21.902(f)) to cochannel and 
adjacent channel, authorized or previously-proposed ITFS and MDS 
stations with protected service area center coordinates as specified in 
Sec. 21.902(d), to any authorized or previously-proposed response 
station hubs, booster stations or I channel stations associated with 
such ITFS and MDS stations, or to any ITFS receive sites registered as 
of September 17, 1998, within 160.94 kilometers (100 miles) of the 
proposed booster station's transmitter site. Such study shall consider 
the undesired signal levels generated by the proposed signal booster 
station, the main station, all other licensed or previously-proposed 
associated booster stations, and all simultaneously operating cochannel 
response stations licensed to or applied for by the applicant. In the 
alternative, a statement from the affected MDS or ITFS licensee or 
conditional licensee stating that it does not object to operation of 
the high-power MDS signal booster station may be submitted; and
    (4) A description of the booster service area; and
    (5) A demonstration either
    (i) That the booster service area is entirely within the protected 
service area to which the licensee of a station whose channels are 
being reused is entitled by virtue of its being the licensee of an 
incumbent MDS station, or by virtue of its holding a Basic Trading Area 
or Partitioned Service Area authorization; or
    (ii) That the licensee entitled to any cochannel protected service 
area which is overlapped by the proposed booster service area has 
consented to such overlap; and
    (6) A demonstration that the proposed booster service area can be 
served by the proposed booster without interference; and
    (7) A certification that copies of the materials set forth in 
paragraph (b) of this section have been served upon the licensee or 
conditional licensee of each station (including each response station 
hub and booster station) required to be studied pursuant to paragraph 
(b)(3) of this section, and upon any affected holder of a Basic Trading 
Area or Partitioned Service Area authorization pursuant to paragraph 
(b)(2) of this section.
* * * * *
    (e) Eligibility for a license for a low power signal booster 
station that has a maximum EIRP of -9 dBW +10log(X/6) dBW, where X is 
the channel width in MHz, shall be restricted to a licensee or 
conditional licensee. A low-power MDS signal booster station may 
operate only on one or more MDS channels that are licensed to the 
licensee of the MDS booster station, but may be operated by a third 
party with a fully-executed lease or consent agreement with the MDS 
conditional licensee or licensee. An MDS licensee or conditional 
licensee may install and commence operation of a low-power MDS signal 
booster station for the purpose of retransmitting the signals of the 
MDS station or for originating signals. Such installation and operation 
shall be subject to the condition that for sixty (60) days after 
installation and commencement of operation, no objection or petition to 
deny is filed by the licensee of a, or applicant for a previously-
proposed, cochannel or adjacent channel ITFS or MDS station with a 
transmitter within 8.0 kilometers (5 miles) of the coordinates of the 
low-power MDS signal booster station. An MDS licensee or conditional 
licensee seeking to install a low-power MDS signal booster station 
under this rule must, within 48 hours after installation, submit FCC 
Form 331 to the Commission in Washington, DC, and submit to the 
Commission's copy contractor (and to the Commission upon staff 
request), both in hard copy, and on sequential 3.5'' DSHD computer 
diskettes in a format to be specified by public notice, duplicates of 
the Form 331 filed with the Commission, and the following (which also 
shall be

[[Page 63737]]

submitted to the Commission only upon Commission staff request at any 
time):
    (1) A description of the booster service area; and
* * * * *
    (4) * * *
    (i) The maximum power level of the signal booster transmitter does 
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in 
MHz; and
* * * * *
    (vi) The aggregate power flux density of the MDS station and all 
associated booster stations and simultaneously operating cochannel 
response stations licensed to or applied for by the applicant, measured 
at or beyond the boundary of the protected service areas of the MDS 
stations whose channels are to be reused, does not exceed -73 dBW/
m2 (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.907(b)(7)(i)) at 
locations for which there is an unobstructed signal path, unless the 
consent of the affected licensees has been obtained; and
* * * * *
    (h) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such 
receive site shall cooperate in good faith to expeditiously identify 
the source of the interference. Each licensee of a signal booster 
station contributing to such interference shall bear the joint and 
several obligation to remedy promptly all interference resulting from 
block downconverter overload at any ITFS registered receive site or at 
any receive site within an MDS or ITFS protected service area applied 
for prior to the submission of the application or notification for the 
signal booster station, regardless of whether the receive site 
suffering the interference was constructed prior to or after the 
construction of the signal booster station(s) causing the downconverter 
overload; provided, however, that the licensee of the registered ITFS 
receive site or the MDS or ITFS protected service area must cooperate 
fully and in good faith with efforts by signal booster station 
licensees to prevent interference before constructing the signal 
booster station and/or to remedy interference that may occur. In the 
event that more than one signal booster station licensee contributes to 
block downconverter interference at an MDS or ITFS receive site, such 
licensees shall cooperate in good faith to remedy promptly the 
interference.


Sec. 21.938  [Amended]

    18. Section 21.938(b) is amended by removing Secs. 21.940 and 
74.940 and adding, in their place, Secs. 21.949 and 74.949, 
respectively.
    19. Section 21.949 is amended by revising paragraphs (a), (b) 
introductory text, and the first sentence of paragraph (d) and adding 
paragraph (b)(5) to read as follows:


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

    (a) The provisions of Sec. 21.909(a), (e), (h), (j), (l) and (m) 
and Sec. 74.939(j) of this chapter shall also apply with respect to 
authorization of 125 kHz channel MDS response stations not authorized 
under a response station hub license. The applicant shall comply with 
the requirements of Sec. 21.902 and Sec. 21.938 where appropriate, as 
well as with the provisions of Secs. 21.909, 21.913, 74.939 and 74.985 
of this chapter regarding the protection of response stations hubs and 
booster (and primary) service areas from harmful electromagnetic 
interference, using the appropriately adjusted interference protection 
values based upon the ratios of the bandwidths involved.
    (b) An application for a license to operate a new or modified 125 
kHz channel MDS response station not under a response station hub 
license shall be filed with Mellon Bank on FCC Form 331. The applicant 
shall supply the following information and certification on that form 
for each response station:
* * * * *
    (5) A certification that all licensees and applicants appropriately 
covered under the provisions of (a), above, have been served with 
copies of the application.
* * * * *
    (d) During breaks in communications, the unmodulated carrier 
frequency of an analog transmission shall be maintained within 35 kHz 
of the assigned frequency at all times. * * *
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    20. The authority for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, and 554.


Sec. 74.901  [Amended]

    21. Section 74.901 is amended by adding the definition of 
``Documented complaint'' to read as follows:
* * * * *
    Documented complaint. A complaint that a party is suffering from 
non-consensual interference. A documented complaint must contain a 
certification that the complainant has contacted the operator of the 
allegedly offending facility and tried to resolve the situation prior 
to filing. The complaint must then specify the nature of the 
interference, whether the interference is constant or intermittent, 
when the interference began and the site(s) most likely to be causing 
the interference. The complaint should be accompanied by a videotape or 
other evidence showing the effects of the interference. The complaint 
must contain a motion for a temporary order to have the interfering 
station cease transmitting. The complaint must be filed with the 
Secretary's office and served on the allegedly offending party.
* * * * *
    22. Section 74.902 is amended by revising the first sentence of 
paragraph (f) to read as follows:


Sec. 74.902  Frequency assignments.

* * * * *
    (f) An ITFS licensee or conditional licensee may apply to exchange 
evenly one or more of its assigned channels with another ITFS licensee 
or conditional licensee in the same system, or with an MDS licensee or 
conditional licensee in the same system, except that an ITFS licensee 
or conditional licensee may not exchange one of its assigned channels 
for MDS channel 2A. The licensees or conditional licensees seeking to 
exchange channels shall file in tandem with the Commission separate pro 
forma assignment of license applications, each attaching an exhibit 
which clearly specifies that the application is filed pursuant to a 
channel exchange agreement. * * *
* * * * *
    23. Section 74.903 is amended by revising paragraphs (a)(1), 
(a)(2)(i), (a)(2)(ii) introductory text, (a)(6) and the last sentence 
of paragraph (b) introductory text, and revising (b)(5) to read as 
follows:


Sec. 74.903  Interference.

    (a) * * *
    (1) Cochannel interference is defined as the ratio of the desired 
signal to the undesired signal, at the output of a reference receiving 
antenna oriented to receive the maximum desired signal level. Harmful 
interference will be considered present when a calculation using a 
terrain sensitive signal propagation model determines that this ratio 
is less than 45 dB (or the appropriate value for bandwidths other than 
6 MHz.)
    (2) * * *

[[Page 63738]]

    (i) Harmful interference will be considered present when a 
calculation using a terrain sensitive signal propagation model 
determines that this ratio is less than 0 dB (or the appropriate value 
for bandwidths other than 6 MHz.)
    (ii) In the alternative, harmful interference will be considered 
present for an ITFS station constructed before May 26, 1983, when a 
calculation using a terrain sensitive signal propagation model 
determines that this ratio is less than 10 dB (or the appropriate value 
for bandwidths other than 6 MHz), unless:
* * * * *
    (6) Notwithstanding the above, main, booster and response stations 
shall use the following formulas, as applicable, for determining 
compliance with: (1) Radiated field contour limits where bandwidths 
other than 6 MHz are employed at stations utilizing digital emissions; 
and (2) Cochannel and adjacent channel D/U ratios where the bandwidths 
in use at the interfering and protected stations are unequal and both 
stations are utilizing digital modulation or one station is utilizing 
digital modulation and the other station is utilizing either 6 MHz NTSC 
analog modulation or 125 kHz analog modulation (I channels only).
    (i) Contour limit: -73 dBW/m2 + 10 log(X/6) dBW/m \2\, 
where X is the bandwidth in MHz of the digital channel.
    (ii) Co-channel D/U: 45 dB + 10 log(X1/X2) 
dB, where X1 is the bandwidth in MHz of the protected 
channel and X2 is the bandwidth in MHz of the interfering 
channel.
    (iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), where X1 is the bandwidth in MHz of the 
protected channel and X2 is the bandwidth in MHz of the 
interfering channel.
    (b) * * * An applicant for a new instructional television fixed 
station must include the following technical information with the 
application:
* * * * *
    (5) Specific rules relating to response station hubs, booster 
stations, and 125 kHz channels are set forth in Secs. 21.909, 21.913, 
21.949, 74.939, 74.949 and 74.985. To the extent those specific rules 
are inconsistent with any rules set forth above, those specific rules 
shall control.
* * * * *
    24. Section 74.911 is revised to read as follows:


Sec. 74.911  Processing of ITFS station applications.

    (a) Applications for ITFS stations are divided into three groups:
    (1) In the first group are applications for new stations. These 
applications are subject to the provisions of paragraph (c) of this 
section.
    (2) In the second group are applications for major changes in the 
facilities of authorized stations. A major change for an ITFS station 
will be any proposal to add new channels, change from one channel (or 
channel group) to another, except as provided for in Sec. 74.902(f), 
change polarization, increase the EIRP in any direction by more than 
1.5 dB, increase the transmitting antenna height by 25 feet or more, or 
relocate a facility's transmitter site by 10 miles or more. Major 
change applications are subject to paragraphs (d) and (e) of this 
section.
    (3) The third group consists of applications for all other licenses 
and all other changes in the facilities of authorized stations.
    (b) A new file number will be assigned to an application for a new 
station or for major changes in the facilities of an authorized 
station, when it is amended so as to effect a major change, as defined 
in paragraph (a)(2) of this section, or results in a situation where 
the original party or parties to the application do not retain control 
of the applicant as originally filed. An application for change in the 
facilities of any existing station will continue to carry the same file 
number even though (pursuant to Commission approval) an assignment of 
license or transfer of control of such licensee or permittee has taken 
place if, upon consummation, the application is amended to reflect the 
new ownership.
    (c) (1) The FCC will specify by Public Notice, pursuant to 
Sec. 73.5002, a period for filing ITFS applications for a new station. 
Such ITFS applicants shall be subject to the provisions of Sec. 1.2105 
and the ITFS competitive bidding procedures. See 47 CFR 73.5000, et. 
seq.
    (2) The requirements of this section apply to a wireless cable 
entity requesting to be licensed on ITFS frequencies pursuant to 
Sec. 74.990.
    (d) Notwithstanding any other provisions of this part, effective as 
of September 17, 1998, there shall be a one-week window, at such time 
as the Commission shall announce by public notice, for the filing of 
applications for all major changes, high-power signal booster station, 
response station hub, and I channels point-to-multipoint transmissions 
licenses, during which all applications shall be deemed to have been 
filed as of the same day for purposes of Secs. 74.939 and 74.985. 
Following the publication of a public notice announcing the tendering 
for filing of applications submitted during that window, applicants 
shall have a period of sixty (60) days to amend their applications, 
provided such amendments do not result in any increase in interference 
to any previously-proposed or authorized station, or to facilities 
proposed during the window, absent consent of the applicant for or 
conditional licensee or licensee of the station that would receive such 
additional interference. At the conclusion of that sixty (60) day 
period, the Commission shall publish a public notice announcing the 
acceptance for filing of all applications submitted during the initial 
window, as amended during the sixty (60) day period. All petitions to 
deny such applications must be filed within sixty (60) days of such 
second public notice. On the sixty-first (61st) day after the 
publication of such second public notice, applications for major 
changes, new or modified response station hub, high powered signal 
booster and booster station licenses may be filed and will be processed 
in accordance with the provisions of Secs. 74.939 and 74.985. Each 
application submitted during the initial window shall be granted on the 
sixty-first (61st) day after the Commission shall have given such 
public notice of its acceptance for filing, unless prior to such date 
either a party in interest timely files a formal petition to deny or 
for other relief pursuant to Sec. 74.912, or the Commission notifies 
the applicant that its application will not be granted. Where an 
application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the transmitter site or response station hub until such 
time as the Commission issues a license.
    (e) Except as provided in paragraph (d) of this section, major 
change applications may be filed at any time. Except during the sixty 
(60) day amendment period provided for in paragraph (d) of this 
section, any amendment to a major change application that reflects any 
change in the technical specifications of the proposed facility, 
includes any new or modified analysis of potential interference to 
another facility, or submits any interference consent from a 
neighboring licensee, shall cause the application to be considered 
newly-filed. Notwithstanding any other provision of part 74, major 
change applications meeting the requirements of part 74 shall cut-off 
applications that are filed on a subsequent day for facilities that 
would cause harmful electromagnetic interference to the facilities 
proposed in the major change

[[Page 63739]]

application. A facility proposed in a major change application shall 
not be entitled to protection from interference caused by any 
facilities proposed on or prior to the day the major change application 
is filed. A facility proposed in a major change application shall not 
be required to protect from interference facilities proposed on or 
after the day the major change application is filed. Except as provided 
by paragraph (d) of this section, any petition to deny a major change 
application shall be filed no later than the sixtieth (60th) day after 
the date of public notice announcing the filing of such application. 
Except as provided in paragraph (d) of this section a major change 
application that meets the requirements of part 74 shall be granted on 
the sixty-first (61st) day after the Commission shall have given public 
notice of the acceptance for filing of it, unless prior to such date 
either a party in interest files a timely petition to deny or files for 
other relief pursuant to Sec. 74.912, or the Commission notifies the 
applicant that its application will not be granted at such time. Where 
an application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the facility until such time as the Commission issues a 
license for that facility's operations.
    25. Section 74.931 is amended by revising paragraphs (c)(3), 
(c)(6)(ii), (d) introductory text, (d)(1), (d)(6)(ii), and (d)(6)(iii) 
to read as follows:


Sec. 74.931  Purpose and permissible service.

* * * * *
    (c) * * *
    (3) The licensee may shift its requisite ITFS educational usage 
onto fewer than its authorized number of channels, via channel mapping 
or channel loading technology, so that it can lease full-time channel 
capacity on its ITFS station and/or associated ITFS booster stations, 
subject to the condition that it provide a total average of at least 20 
hours per channel per week of ITFS educational usage on its authorized 
channels. The use of channel mapping or channel loading consistent with 
the Rules shall not be considered adversely to the ITFS licensee in 
seeking a license renewal. The licensee also retains the unabridgeable 
right to recapture, subject to six months' advance written notification 
by the ITFS licensee to its lessee, an average of an additional 20 
hours per channel per week, accounting for all recapture already 
exercised. The licensee may agree to the transmission of this recapture 
time on channels not authorized to it, but which are included in the 
wireless system of which it is a part. A licensee under this paragraph 
which leases excess capacity to an operator which utilizes digital 
transmissions on any one of the licensee's licensed channels may 
``channel shift'' pursuant to and under the conditions of paragraph 
(d)(2) of this section.
    (6) * * *
    (ii) An ITFS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.
    (d) A licensee utilizing digital transmissions on any of its 
licensed channels may use excess capacity on each channel to transmit 
material other than the ITFS subject matter specified in paragraphs (a) 
and (b) of this section, subject to the following conditions:
    (1) The licensee must reserve a minimum of 5% of the capacity of 
its channels for instructional purposes only, and may not lease this 
reserved capacity. In addition, before leasing excess capacity, the 
licensee must provide at least 20 hours per licensed channel per week 
of ITFS educational usage. This 5% reservation and this 20 hours per 
licensed channel per week ITFS educational usage requirement shall 
apply spectrally over the licensee's whole actual service area.
* * * * *
    (6) * * *
    (ii) An ITFS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.
    (iii) Licensees under paragraph (d)(6) of this section additionally 
shall comply with the provisions of Secs. 21.304, 21.900(b), 
21.903(b)(1), 21.903(b)(2), 21.903(c), and 21.910 of this chapter.
* * * * *
    26. Section 74.932 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 74.932  Eligibility and licensing requirements.

    (a) * * *
    (4) Those applicant organizations whose eligibility is established 
by service to accredited institutional or governmental organizations 
must submit documentation from proposed receive sites demonstrating 
that they will receive and use the applicant's educational usage. In 
place of this documentation, a state educational television (ETV) 
commission may demonstrate that the public schools it proposes to serve 
are required to use its proposed educational usage.
* * * * *
    27. Section 74.935 is amended by revising the section heading, 
paragraphs (a) through (c) and by adding paragraph (e) to read as 
follows:


Sec. 74.935  EIRP limitations.

    (a) The maximum EIRP of a main or booster station shall not exceed 
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than 
6 MHz, except as provided in paragraph (b) of this section.
    (b) If a main or booster station sectorizes or otherwise uses one 
or more transmitting antennas with a non-omnidirectional horizontal 
plane radiation pattern, the maximum EIRP over a 6 MHz channel in dBW 
in a given direction shall be determined by the following formula:

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

Beamwidth is the total horizontal plane beamwidth of the individual 
transmitting antenna for the station or any sector measured at the 
half-power points.
    (c) An increase in station EIRP, above currently-authorized or 
previously-proposed values, to the maximum values provided in 
paragraphs (a) and (b) of this section may be authorized, if an 
applicant demonstrates that the requested EIRP increase would not cause 
harmful interference to any authorized or previously-proposed, 
cochannel or adjacent channel station entitled to interference 
protection under the Commission's rules, or if an applicant 
demonstrates that:
    (1) A station that must be protected from interference could 
compensate for interference by increasing its EIRP; and
    (2) The interfered-with station may increase its own EIRP 
consistent with the rules and without causing harmful interference to 
any cochannel or adjacent channel main or booster station protected 
service area, response station hub or BTA/PSA, for which consent for 
the increased interference has not been obtained ; and

[[Page 63740]]

    (3) The applicant requesting authorization of an EIRP increase 
agrees to pay all expenses associated with the increase in EIRP by the 
interfered-with station.
* * * * *
    (e) For main, booster and response stations utilizing digital 
emissions with non-uniform power spectral density (e.g. unfiltered 
QPSK), the power measured within any 100 kHz resolution bandwidth 
within the 6 MHz channel occupied by the non-uniform emission cannot 
exceed the power permitted within any 100 kHz resolution bandwidth 
within the 6 MHz channel if it were occupied by an emission with 
uniform power spectral density, i.e., if the maximum permissible power 
of a station utilizing a perfectly uniform power spectral density 
across a 6 MHz channel were 2000 watts EIRP, this would result in a 
maximum permissible power flux density for the station of 2000/60 = 
33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were 
substituted at the station, station power would still be limited to a 
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz 
channel, irrespective of the fact that this would result in a total 6 
MHz channel power of less than 2000 watts EIRP.
    28. Section 74.936 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec. 74.936  Emissions and bandwidth.

    (a) An ITFS station may employ amplitude modulation (C3F) for the 
transmission of the visual signal and frequency modulation (F3E) or 
(G3E) for the transmission of the aural signal when transmitting a 
standard analog television signal. Quadrature amplitude modulation 
(QAM), digital vestigial sideband modulation (VSB), quadrature phase 
shift key modulation (QPSK), code division multiple access (CDMA) and 
orthogonal frequency division multiplex (OFDM) emissions may be 
employed, subject to compliance with the policies set forth in the 
Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). Use of OFDM also 
is subject to the subsequently Digital Declaratory Ruling and Order, DA 
99-554 (Mass Med. Bur. rel. Mar. 19, 1999). Other digital emissions may 
be added to those authorized above, including emissions with non-
uniform power spectral density, if the applicant provides information 
in accordance with the guidelines and procedures set forth in the 
Declaratory Ruling and Order which clearly demonstrates the spectral 
occupancy and interference characteristics of the emission. The 
licensee may subchannelize its authorized bandwidth, provided that 
digital modulation is employed and the aggregate power does not exceed 
the authorized power for the channel, and may utilize all or a portion 
of its authorized bandwidth for ITFS response stations authorized 
pursuant to Sec. 74.939. The licensee may also, jointly with affected 
adjacent channel licensees, transmit utilizing bandwidth in excess of 
its authorized frequencies, provided that digital modulation is 
employed, all power spectral density requirements set forth in this 
part are met and the out-of-band emissions restrictions set forth in 
Sec. 74.936 are met at the edges of the channels employed. The wider 
channels thus created may be redivided to create narrower channels.
    (b) Notwithstanding the above, any digital emission which complies 
with the out-of-band emission restrictions of Sec. 21.908 of this 
chapter may be used in the following circumstances:
* * * * *
    29. Section 74.939 is amended as follows:
    (1) by revising paragraph (b);
    (2) revising paragraph (c);
    (3) removing paragraph (d)(1);
    (4) redesignating paragraphs (d)(2) and (d)(3) as paragraphs (d)(1) 
and (d)(2);
    (5) revising newly redesignated paragraphs (d)(2)(iii), (d)(2)(iv), 
(d)(2)(v) introductory text; (d)(2)(v)(A);
    (6) revising the second sentence of paragraph (f);
    (7) revising pargraphs (g)(3), (g)(6)(i), (g)(6)(ii), (g)(8);
    (8) revising paragraph (h);
    (9) revising paragraph (i)(2);
    (10) revising the second sentence of paragraph (l)(1), (l)(2) 
introductory text;
    (11) adding paragraph (l)(6);
    (12) revising paragraph (m);
    (13) revising paragraph (o);
    (14) revising paragraph (p); and
    (15) revising the first sentence of paragraph (q).
    The additions, removals and revisions are set out as follows:


Sec. 74.939  ITFS response stations.

* * * * *
    (b) ITFS response stations that utilize the 2150-2162 MHz band 
pursuant to Sec. 74.902(f), the 2500-2686 MHz band, and/or the 125 kHz 
channels identified in paragraph (j) of this section may be installed 
and operated without an individual license, to communicate with a 
response station hub, provided that the conditions set forth in 
paragraph (g) of this section are met and that ITFS response stations' 
technical parameters are consistent with all applicable rules in this 
part and with the terms and conditions set out in the Commission's 
Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996).
    (c) An applicant for a response station hub license, or for 
modification thereto, shall:
    (1) File FCC Form 331 with the Commission in Washington, DC, and 
certify on that form that it has complied with the requirements of 
paragraphs (c)(2) and (d) of this section and that the interference 
data submitted under paragraph (d) of this section is complete and 
accurate. Failure to certify compliance and to comply completely with 
the requirements of paragraphs (c)(2) and (d) of this section shall 
result in dismissal of the application or revocation of the response 
station hub license, and may result in imposition of a monetary 
forfeiture; and
    (2) Submit the following to the Commission's copy contractor, both 
in hard copy and on sequential 3.5'' DSHD computer diskettes in ASCII 
for all Appendix D data and in a format to be specified by the 
Commission by public notice for all other submissions.
    (i) Duplicates of the Form 331 filed with the Commission; and.
    (ii) The data required by Appendix D to the Report and Order on 
Reconsideration in MM Docket No. 97-217, FCC 99-178, ``Methods for 
Predicting Interference from Response Station Transmitters and to 
Response Station Hubs and for Supplying Data on Response Station 
Systems'' as amended; and
    (iii) The information, showings and certifications required by 
paragraph (d) of this section; and
    (3) Submit to the Commission, only upon Commission staff request, 
duplicates of the submissions required by paragraph (c)(2) of this 
section.
* * * * *
    (d) * * *
    (2) * * *
    (iii) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant will not generate a power flux density in excess of 
-73 dBW/m\2\ (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(i)) outside 
the boundaries of the applicant's protected service area, as measured 
at locations for which there is an unobstructed signal path, except to 
the extent that consent of affected licensees has been obtained or 
consents have been granted pursuant to

[[Page 63741]]

paragraph (d)(3)(ii) of this section to an extension of the response 
service area beyond the boundaries of the protected service area; and
    (iv) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 45 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(ii)):
    (A) Within the protected service area of any authorized or 
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35 
mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) Within the booster service area of any cochannel booster 
station entitled to such protection pursuant to Secs. 21.913(f) of this 
chapter or 74.985(f) and located within 160.94 km (100 miles) of the 
proposed response station hub; and
    (C) At any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 
160.94 km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee or applicant for such cochannel station 
or hub consents to the application; and
    (v) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 0 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(iii)):
    (A) Within the protected service area of any authorized or 
previously-proposed adjacent channel MDS or ITFS station with a 56.33 
km (35 mile) protected service area with center coordinates located 
within 160.94 km (100 miles) of the proposed response station hub; and
* * * * *
    (f) * * * Except as provided in Sec. 74.911(e), an application for 
a response station hub license that meets the requirements of this 
section shall be granted on the sixty-first (61st) day after the 
Commission shall have given public notice of the acceptance for filing 
of it, or of a major amendment to it if such major amendment has been 
filed, unless prior to such date either a party in interest timely 
files a formal petition to deny or for other relief pursuant to 
Sec. 74.912, or the Commission notifies the applicant that its 
application will not be granted. * * *
    (g) * * *
    (3) No response station shall operate with an EIRP in excess of 
that specified in the application for the response station hub pursuant 
to paragraph (d)(2)(i)(B) of this section for the particular regional 
class of characteristics with which the response station is associated, 
and such response station shall not operate at an excess of 33 dBW + 10 
log(X/6) dBW, where X is the channel width in MHz; and
* * * * *
    (6) * * *
    (i) First notifies the Commission, in a format to be specified by 
public notice, of the altered number of response stations of such 
class(es) to be operated simultaneously in such region, and certifies 
in that notification that it has complied with the requirements of 
paragraphs (g)(6)(ii) and (iii) of this section, and that the 
interference data submitted under paragraph (g)(6)(ii) of this section 
is complete and accurate; and
    (ii) Provides the Commission's copy contractor with a set of 
sequential 3.5'' DSHD diskettes in ASCII format which update the 
previously filed response station data (see Sec. 21.909(c)(2)(ii) of 
this chapter) and with an analysis, in a format to be specified by 
public notice, establishing that such alteration will not result in any 
increase in interference to the protected service area or protected 
receive sites of any existing or previously-proposed, cochannel or 
adjacent channel MDS or ITFS station or booster station, to the 
protected service area of any MDS Basic Trading Area or Partitioned 
Service Area licensee entitled to protection pursuant to paragraph 
(d)(3) of this section, or to any existing or previously-proposed, 
cochannel or adjacent channel response station hub, or response station 
under Sec. 21.949 of this chapter or Sec. 74.949; or that the applicant 
for or licensee of such facility has consented to such interference; 
and
* * * * *
    (8) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five 
miles of such receive site shall cooperate in good faith to 
expeditiously identify the source of the interference. Each licensee of 
a response station hub with an associated response station contributing 
to such interference shall bear the joint and several obligation to 
promptly remedy all block downconverter overload interference at any 
ITFS registered receive site or at any receive site within an MDS or 
ITFS protected service area applied for prior to the submission of the 
application for the response station hub license, regardless of whether 
the receive site suffering the interference was constructed prior to or 
after the construction of the response station(s) causing the 
downconverter overload; provided, however, that the licensee of the 
registered ITFS receive site or the MDS or ITFS protected service area 
must cooperate fully and in good faith with efforts by the response 
station hub licensee to prevent interference before constructing 
response stations and/or to remedy interference that may occur. In the 
event that the associated response station(s) of more than one response 
station hub licensee contribute(s) to block downconverter interference 
at an MDS or ITFS receive site, such hub licensees shall cooperate in 
good faith to remedy promptly the interference.
    (h) Applicants must comply with part 17 of this chapter concerning 
notification to the Federal Aviation Administration of proposed antenna 
construction or alteration for all hub stations and associated response 
stations.
    (i) * * *
    (2) Commencing upon the filing of an application for an ITFS 
response station hub license and until such time as the application is 
dismissed or denied or, if the application is granted, a certification 
of completion of construction is filed on FCC Form 330A, the ITFS 
station whose channels are being utilized shall be entitled both to 
interference protection pursuant to Secs. 21.902(i) and 21.938(b)(3) of 
this chapter and 74.903, and to protection of the response station hub 
pursuant to the preceding paragraph. Unless the application for the 
response station hub license specifies that the same frequencies also 
will be employed for digital and/or analog point-to-multipoint 
transmissions by ITFS stations and/or ITFS booster stations, upon the 
submission of a certification of completion of construction of an ITFS 
response station hub on FCC Form 330A where the channels of an ITFS 
station are being utilized as response station transmit frequencies, 
the ITFS station whose channels are being utilized for response station 
transmissions shall no longer be entitled to interference protection 
pursuant to Secs. 21.902(i) and

[[Page 63742]]

21.938(b)(3) of this chapter and 74.903 within the response service 
area with regard to any portion of any 6 MHz channel employed solely 
for response station communications. Upon the submission of a 
certification of completion of construction of an ITFS response station 
hub on FCC Form 330A where the channels of an ITFS station are being 
utilized for response station transmissions and the application for the 
response station hub license specifies that the same frequencies will 
be employed for point-to-multipoint transmissions, the ITFS station 
whose channels are being utilized shall be entitled both to 
interference protection pursuant to Secs. 21.902(i) and 21.938(b)(3) of 
this chapter and 74.903, and to protection of the response station hub 
pursuant to the preceding provisions of this paragraph.
* * * * *
    (l) * * *
    (1) * * * The application shall specify which of the associated I 
channels is/are intended for point-to-multipoint transmissions, or 
whether an I channels station already authorized for point-to-
multipoint transmissions is being modified. * * *
    (2) Submit to the Commission's copy contractor, both in hard copy, 
and on a 3.5'' DSHD computer diskette in ASCII, and likewise submit to 
the Commission, only upon Commission staff request:
* * * * *
    (6) A certification that copies of the materials set forth in 
paragraph (l)(2) of this section have been served upon the licensee or 
conditional licensee of each station (including each response station 
hub and booster station) required to be studied pursuant to paragraph 
(l)(3) of this section, and upon any affected holder of a Basic Trading 
Area or Partitioned Service Area authorization pursuant to paragraph 
(l)(2) of this section.
    (m) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
hub licensee as often as necessary to ensure that it is functioning in 
accordance with the requirements of the Commission's rules. The 
licensee of a response station hub is responsible for the proper 
operation of all associated response station transmitters. Each 
response station hub licensee is responsible for maintaining, and 
making available to the Commission upon request, a list containing all 
customer names and addresses, plus the technical parameters (EIRP, 
emission, bandwidth, antenna pattern/height/orientation/polarization) 
pertinent to each class of response station within the response service 
area.
* * * * *
    (o) An ITFS response station shall be operated only when engaged in 
communications with its associated ITFS response station hub or ITFS 
station or booster station, or for necessary equipment or system tests 
and adjustments. Upon initial installation, and upon relocation and 
reinstallation, a response station transmitter shall be incapable of 
emitting radiation unless, and until, it has been activated by 
reception of a signal from the associated ITFS station or booster 
station. A hub station licensee shall be capable of remotely de-
activating any and all response station transmitters within its RSA by 
means of signals from the associated ITFS station or booster station. 
Radiation of an unmodulated carrier and other unnecessary transmissions 
are forbidden.
    (p) All response stations utilizing an EIRP greater than 18 dBW 
shall be installed by the associated hub licensee or by the licensee's 
employees or agents. For the purposes of this section, all EIRP dBW 
values assume the use of a 6 MHz channel. For channel bandwidths other 
than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz) 
or down (channel <6 MHz) by 10 log(X/6) dBW, where X is the channel 
width in MHz. For response stations located within 1960 feet of an ITFS 
receive site registered and built prior to the filing of the 
application for the hub station license, the hub licensee must notify 
the licensee of the ITFS receive site at least one business day prior 
to the activation of these response stations. The notification must 
contain, for each response station to be activated, the following 
information: name and telephone number of a contact person who will be 
responsible for coordinating the resolution of any interference 
problems; street address; geographic coordinates to the nearest second; 
channels/subchannels (transmit only); and transmit antenna pattern, 
EIRP, orientation and height AMSL. (If transmit antenna pattern, EIRP, 
orientation or height AMSL are not known with specificity at the time 
of notification, the hub licensee may, instead, specify the worst-case 
values for the class of response station being activated.) Such notice 
to the ITFS licensee shall be given in writing by certified mail unless 
the ITFS licensee has requested delivery by email or facsimile. The 
ITFS licensee may waive the notification requirement on a site-specific 
basis or on a system-wide basis. The notification provisions of this 
section shall not apply if:
    (1) The response station will operate at an EIRP no greater than -6 
dBW; or
    (2) The response station will operate at an EIRP greater than -6 
dBW and no more than 18 dBW and:
    (i) The channels being received at the ITFS site are neither the 
same as, nor directly adjacent to, the channel(s) to be transmitted 
from the response station; and
    (ii) The hub station licensee has replaced, at its expense, the 
frequency downconverters used at all ITFS receive sites registered and 
constructed prior to the filing of the hub station application which 
are within 1960 feet of the hub station's response service area; and
    (iii) The downconverters, at a minimum, conform to the following 
specifications:
    (A) A frequency of operation covering the 2150-2162 MHz band or the 
2500-2686 MHz band; and
    (B) A third-order intercept point of 30 dBm; and
    (C) A conversion gain of 32 dB, or the same conversion gain as the 
existing ITFS downconverter, whichever is least; and
    (D) A noise figure of no greater than 2.5 dB, or no more than 1 dB 
greater than the noise figure of the existing ITFS downconverter, 
whichever is greater; and
    (iv) The proposal to upgrade the ITFS downconverter was made in 
writing and served upon the affected ITFS licensee, conditional 
licensee or applicant at the same time the application for the response 
station hub license was served on cochannel and adjacent channel ITFS 
parties and no objection was made within the 60-day period allowed for 
petitions to deny the hub station application.
    (q) Interference calculations shall be performed in accordance with 
Appendix D to the Report and Order on Reconsideration in MM Docket No. 
97-217, FCC 99-178, ``Methods For Predicting Interference From Response 
Station Transmitters and To Response Station Hubs and For Supplying 
Data on Response Station Systems'' as amended * * *
    30. Section 74.949 is amended by revising paragraphs (a), (b) 
introductory text, and by adding (b)(5) to read as follows:


Sec. 74.949  Individually licensed 125 kHz channel ITFS response 
stations.

    (a) The provisions of Sec. 74.939(a), (e), (h), (j), (k), (n) and 
(o) shall also apply with respect to the authorization of 125 kHz 
channel ITFS response stations not authorized under a response station 
hub

[[Page 63743]]

license. The applicant shall also comply with the requirements of 
Sec. 74.903 and Sec. 21.938 of this chapter where appropriate, as well 
as with the provisions of Secs. 21.909 and 21.913 of this chapter and 
of Secs. 74.939 and 74.985 regarding the protection of response station 
hubs and booster (and primary) service areas from harmful 
electromagnetic interference, using the appropriately adjusted 
interference protection values based upon the ratios of the bandwidths 
involved.
    (b) An application for a license to operate a new or modified 125 
kHz channel ITFS response station not under a response station hub 
license shall be filed with the Commission in Washington, D.C., on FCC 
Form 331. The applicant shall supply the following information and 
certification on that form for each response station:
* * * * *
    (5) A certification that all licensees and applicants appropriately 
covered under the provisions of paragraph (a) of this section have been 
served with copies of the application.
* * * * *
    31. Section 74.951 is amended by revising paragraph (b) to read as 
follows:


Sec. 74.951  Modification of transmission systems.

* * * * *
    (b) Any change in the antenna system affecting the direction of 
radiation, directive radiation pattern, antenna gain, or radiated 
power; provided, however, that a licensee may install a sectorized 
antenna system without prior consent if such system does not change 
polarization or result in an increase in radiated power by more than 
one dB in any direction, and notice of such installation is provided to 
the Commission and the Commission's copy contractor on FCC Form 331 
within ten (10) days of installation. When an applicant proposes to 
employ a directional antenna, or a licensee notifies the Commission 
pursuant to this paragraph of the installation of a sectorized antenna 
system, the applicant shall provide the Commission with information 
regarding the orientation of the directional antenna(s), expressed in 
degree of azimuth, with respect to true north, and the make and model 
of such antenna(s).
* * * * *
    32. Section 74.961 is amended by revising paragraph (a) to read as 
follows:


Sec. 74.961  Frequency tolerance

    (a) Beginning January 21, 2000, equipment authorized to be used at 
all ITFS main stations, and at all ITFS booster stations authorized 
pursuant to Sec. 74.985(b), shall maintain a frequency tolerance of 
0.001%. ITFS booster stations authorized pursuant to Sec. 74.985(e) and 
ITFS response stations authorized pursuant to Sec. 74.939 shall employ 
transmitters with sufficient frequency stability to ensure that the 
emission is, at all times, within the required emission mask. A 
transmitter licensed prior to November 1, 1991 that remains at the 
station site for which it was initially authorized and does not comply 
with the provisions of this paragraph may continue to be used if it 
does not cause harmful interference to the operations of any other 
licensee. Any non-conforming transmitter replaced after November 1, 
1991 must be replaced by a transmitter meeting the requirements of this 
paragraph.
* * * * *
    33. Section 74.985 is amended by:
    (1) removing paragraph (e)(4);
    (2) redesignating paragraph (e)(5) as (e)(4);
    (3) revising paragraph (a);
    (4) revising paragraphs (b) introductory text (b)(4), (b)(5);
    (5) revising the second sentence of paragraph (d);
    (6) revising paragraph (e) introductory text, newly redesignated 
paragraphs (e)(4)(i), (e)(4)(vi);
    (7) revising paragraph (f); and
    (8) revising paragraph (h).
    The additions, removals and revisions are set out as follows:


Sec. 74.985  Signal booster stations.

    (a) An ITFS booster station may reuse channels to repeat the 
signals of ITFS stations or to originate signals on ITFS channels. The 
aggregate power flux density generated by an ITFS station and all 
associated signal booster stations and all simultaneously operating 
cochannel response stations licensed to or applied for by the applicant 
may not exceed -73 dBW/m\2\ (or the appropriately adjusted value based 
on the actual bandwidth used if other than 6 MHz, see 
Sec. 74.903(a)(6)(i)) at or beyond the boundary of the protected 
service area, as defined by Sec. 21.902(d) of this chapter, of the main 
ITFS station whose channels are being reused, as measured at locations 
for which there is an unobstructed signal path, unless the consent of 
the cochannel licensee is obtained.
    (b) A licensee or conditional licensee may secure a license for a 
high power signal booster station that has a maximum EIRP in excess of 
-9 dBW + 10 log(X/6) dBW where X is the channel width in MHz, if it 
complies with the out-of-band emission requirements of Sec. 21.908 of 
this chapter. The applicant for a high-power station, or for 
modification thereto, shall file FCC Form 331 with the Commission in 
Washington, DC, and certify on that form that the applicant has 
complied with the additional requirements of paragraph (b) of this 
section, and that the interference data submitted under this paragraph 
is complete and accurate. Failure to certify compliance and to comply 
completely with the following requirements of paragraph (b) of this 
section shall result in dismissal of the application or revocation of 
the high-power ITFS signal booster station license, and may result in 
imposition of a monetary forfeiture. The applicant additionally is 
required to submit to the Commission's copy contractor (and to the 
Commission upon staff request), both in hard copy, and on sequential 
3.5'' DSHD computer diskettes in a form to be specified by the 
Commission by public notice, duplicates of the Form 331 filed with 
Mellon Bank, and the following information:
* * * * *
    (4) A study which demonstrates that the aggregate power flux 
density of the ITFS station and all associated booster stations and 
simultaneously operating cochannel response stations licensed to or 
applied for by the applicant does not exceed -73 dBW/m\2\ (or the 
appropriately adjusted value based on the actual bandwidth used if 
other than 6 MHz, see Sec. 74.903(a)(6)(i)) at or beyond the boundary 
of the protected service area of the main ITFS station whose channels 
are to be reused, as measured at locations for which there is an 
unobstructed signal path, unless the consent of affected licensees has 
been obtained; and
    (5) In lieu of the requirements of Sec. 74.903, a study which 
demonstrates that the proposed signal booster station will cause no 
harmful interference (as defined in Sec. 74.903(a)(1) and (2)) to 
cochannel and adjacent channel, authorized or previously-proposed ITFS 
and MDS stations with protected service area center coordinates as 
specified in Sec. 21.902(d) of this chapter, to any authorized or 
previously-proposed response station hubs, booster service areas, or I 
channel stations associated with such ITFS and MDS stations, or to any 
ITFS receive sites registered as of September 17, 1998, within 160.94 
kilometers (100 miles) of the proposed booster station's transmitter 
site. Such study shall consider the undesired signal levels generated 
by the proposed signal booster station, the main station, all other 
licensed or previously-proposed associated booster stations, and all 
simultaneously operating cochannel response stations licensed to

[[Page 63744]]

or applied for by the applicant. In the alternative, a statement from 
the affected MDS or ITFS licensee or conditional licensee stating that 
it does not object to operation of the high-power ITFS signal booster 
station may be submitted; and
* * * * *
    (d) * * * Except as provided in Sec. 74.911(e), an application for 
a high-power ITFS signal booster station license that meets the 
requirements of paragraph (b) of this section shall be granted on the 
sixty-first (61st) day after the Commission shall have given public 
notice of the acceptance for filing of it, or of a major amendment to 
it if such major amendment has been filed, unless prior to such date 
either a party in interest timely files a formal petition to deny or 
for other relief pursuant to Sec. 74.912, or the Commission notifies 
the applicant that its application will not be granted. * * *
    (e) Eligibility for a license for a low power signal booster 
station that has a maximum EIRP of -9 dBW + 10log(X/6) dBW, where X is 
the channel width in MHz, shall be restricted to a licensee or 
conditional licensee. A low-power ITFS signal booster station may 
operate only on one or more ITFS channels that are licensed to the 
licensee of the ITFS booster station, but may be operated by a third 
party with a fully-executed lease or consent agreement with the ITFS 
conditional licensee or licensee. An ITFS licensee or conditional 
licensee may install and commence operation of a low-power ITFS signal 
booster station for the purpose of retransmitting the signals of the 
ITFS station or for originating signals. Such installation and 
operation shall be subject to the condition that for sixty (60) days 
after installation and commencement of operation, no objection or 
petition to deny is filed by the licensee of a, or applicant for a 
previously-proposed, cochannel or adjacent channel ITFS or MDS station 
with a transmitter within 8.0 kilometers (5 miles) of the coordinates 
of the low-power ITFS signal booster station. An ITFS licensee or 
conditional licensee seeking to install a low-power ITFS signal booster 
station under this rule must, within 48 hours after installation, 
submit FCC Form 331 to the Commission in Washington, DC, and submit to 
the Commission's copy contractor (and to the Commission upon staff 
request), both in hard copy, and on sequential 3.5'' DSHD computer 
diskettes in a format to be specified by public notice, duplicates of 
the Form 331 filed with the Commission, and the following (which also 
shall be submitted to the Commission only upon Commission staff request 
at any time):
* * * * *
    (4) * * *
    (i) The maximum power level of the signal booster transmitter does 
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in 
MHz; and
* * * * *
    (vi) The aggregate power flux density of the ITFS station and all 
associated booster stations and simultaneously operating cochannel 
response stations licensed to or applied for by the applicant does not 
exceed -73 dBW/m\2\ (or the appropriately adjusted value based on the 
actual bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(i)) at 
or beyond the boundary of the protected service area of the main ITFS 
station whose channels are to be reused, as measured at locations for 
which there is an unobstructed signal path, unless the consent of 
affected licensees has been obtained; and
    (f) Commencing upon the filing of an application for a high-power 
ITFS signal booster station license and until such time as the 
application is dismissed or denied or, if the application is granted, a 
certification of completion of construction on FCC Form 330A is 
submitted, an applicant for any new or modified MDS or ITFS station 
(including any response station hub, high-power booster station, or I 
channels station) shall demonstrate compliance with the interference 
protection requirements set forth in Secs. 21.902(i) and 21.938(b)(3) 
of this chapter or Sec. 74.903 with respect to any previously-proposed 
or authorized booster service area both using the transmission 
parameters of the high-power ITFS signal booster station (e.g., EIRP, 
polarization(s) and antenna height) and the transmission parameters of 
the ITFS station whose channels are to be reused by the high-power ITFS 
signal booster station. Upon the submission of a certification of 
completion of construction on FCC Form 330A of an ITFS booster station 
applied for pursuant to paragraph (b) of this section, or upon the 
submission of an ITFS booster station notification pursuant to 
paragraph (e) of this section, the ITFS station whose channels are 
being reused by the ITFS signal booster shall no longer be entitled to 
interference protection pursuant to Secs. 21.902(i) and 21.938(b)(3) of 
this chapter and Sec. 74.903 within the booster service area based on 
the transmission parameters of the ITFS station whose channels are 
being reused. A booster station shall not be entitled to protection 
from interference caused by facilities proposed on or prior to the day 
the application or notification for the booster station is filed. A 
booster station shall not be required to protect from interference 
facilities proposed on or after the day the application or notification 
for the booster station is filed.
* * * * *
    (h) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such 
receive site shall cooperate in good faith to expeditiously identify 
the source of the interference. Each licensee of a signal booster 
station contributing to such interference shall bear the joint and 
several obligation to remedy promptly all interference resulting from 
block downconverter overload at any ITFS registered receive site or at 
any receive site within an MDS or ITFS protected service area applied 
for prior to the submission of the application or notification for the 
signal booster station, regardless of whether the receive site 
suffering the interference was constructed prior to or after the 
construction of the signal booster station(s) causing the downconverter 
overload; provided, however, that the licensee of the registered ITFS 
receive site or the MDS or ITFS protected service area must cooperate 
fully and in good faith with efforts by signal booster station 
licensees to prevent interference before constructing the signal 
booster station and/or to remedy interference that may occur. In the 
event that more than one signal booster station licensee contributes to 
block downconverter overload interference at an MDS or ITFS receive 
site, such licensees shall cooperate in good faith to remedy promptly 
the interference.
    34. The alphabetical index to part 74 is amended by adding under 
the heading ``ITFS'' a ``Response stations hub'' heading and adding 
``Response station hubs (ITFS; individually licensed)'' heading, to 
read as follows:

Alphabetical Index--Part 74

* * * * *
ITFS--
* * * * *

    Response station hubs.....................................    74.939
 

* * * * *

Response stations (ITFS; individually licensed)...............    74.949
 

* * * * *

[[Page 63745]]

PART 101--FIXED MICROWAVE SERVICES

    35. The authority for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 309 and 554.


Sec. 101.149  [Amended]

    36. Section 101.147 is amended by removing the number (22) from the 
entries 2,150-2,160 MHz (20) (22) and 2,650-2,690 MHz (22) from the 
frequency assignments in paragraph (a).

[FR Doc. 99-29785 Filed 11-19-99; 8:45 am]
BILLING CODE 6712-01-P