Public Mobile Services; Final Rule FEDERAL COMMUNICATIONS COMMISSION
Federal RegisterNov 17, 1994
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SUMMARY: The Federal Communications Commission has completely revised
its Rules governing the Public Mobile Services. These changes are
needed to improve the organization and clarity of the Commission's
Rules by eliminating out-dated provisions and unnecessary information
collection requirements, streamlining and expediting licensing and
processing procedures, and affording licensees greater flexibility in
providing service to the public. The intent of these revisions is to
stimulate economic growth and expand access to mobile radio networks
and services.
EFFECTIVE DATE: January 1, 1995, except for Sec. 22.105(g), which will
become effective later. The agency will publish a document in the
Federal Register, announcing in advance the effective date of that
paragraph.
FOR FURTHER INFORMATION CONTACT:
B.C. ``Jay'' Jackson, Jr. and R. Barthen Gorman, Mobile Services
Division, Common Carrier Bureau, (202) 418-1310.
SUPPLEMENTARY INFORMATION: The following is a summary of the
Commission's Report and Order, adopted August 2, 1994, and released
September 9, 1994. The full text of this Commission decision, which
includes the Final Regulatory Flexibility Analysis, is available for
inspection and copying during normal business hours in the FCC Dockets
Branch, (Room 230), 1919 M Street, NW., Washington, DC 20554. The
complete text of this decision may be purchased from the Commission's
copy contractor, International Transcription Service, Inc.; (202) 857-
3800; 2100 M Street, NW., Suite 140, Washington, DC 20037.
Paperwork Reduction
Public reporting burden for the collections of information is
estimated as follows:
------------------------------------------------------------------------
Estimated
average Estimated
Section number hours per annual
response responses
------------------------------------------------------------------------
22.5 and 22.7................................... 1 5,000
22.105.......................................... 3 25,860
22.107.......................................... 2 10,000
22.108.......................................... .25 10,000
22.115.......................................... 1 10,000
22.119.......................................... 1 25
22.122.......................................... 20 30
22.125.......................................... 1 100
22.128.......................................... 1 10
22.129.......................................... 1 200
22.130.......................................... 10 50
22.132.......................................... 2 10
22.135.......................................... 2 10
22.137.......................................... .5 100
22.139.......................................... 1 10
22.142.......................................... .084 1,000
22.150.......................................... 10 40
22.157.......................................... 1 1,200
22.161.......................................... .5 1
22.163.......................................... 1 1,500
22.165.......................................... 1 1,500
22.303 (records)*............................... 1 3,000
22.313.......................................... 1 100
22.313 (records)*............................... .50 500
22.315.......................................... 1 100
22.317.......................................... .50 100
22.321 (records)*............................... 52 800
22.321.......................................... 2 800
22.323.......................................... .50 100
22.353.......................................... .50 100
22.357.......................................... 1 2
22.369.......................................... 1 10
22.371.......................................... 1 10
22.409.......................................... 13 10
22.411.......................................... 7.3 116
22.415.......................................... 2 10
22.529.......................................... 3 4,000
22.551.......................................... .50 10
22.559.......................................... 2 10,000
22.567.......................................... 1 10
22.577.......................................... .50 10
22.589.......................................... 2 1,000
22.601.......................................... .50 38
22.603.......................................... .50 2
22.621.......................................... 1 10
22.623.......................................... .25 10
22.625.......................................... 1 10
22.655.......................................... 2 8
22.657.......................................... 2 1
22.709.......................................... 3 100
22.711.......................................... 1 30
22.719.......................................... 2 10
22.803.......................................... 2 100
22.865.......................................... 1 10
22.869.......................................... 1 6
22.873.......................................... .50 6
22.875.......................................... 40 1
22.901(a)....................................... 2 20
22.901(d)....................................... 1 10
22.903.......................................... 2 6
22.907.......................................... .50 10
22.911.......................................... 10 300
22.929.......................................... 2 4,000
22.935(a)....................................... 50 10
22.935(b)....................................... 3 10
22.935(d)....................................... 10 10
22.935(e)....................................... 600 20
22.935(f)(1)-(2)................................ 50 10
22.935(f)(3).................................... 160 20
22.935(f)(5).................................... 160 20
22.936.......................................... 2 20
22.937.......................................... 4 4,010
22.939.......................................... 2 10
22.947(b)....................................... 1 100
22.947(c)....................................... 6 1,500
22.953.......................................... 4 10,000
22.1037......................................... 1 10
Uncodified one-time showing for CGSA boundaries. 1 1,500
------------------------------------------------------------------------
*Time allocated for recordkeeping.
Total Annual Burden: 257,616.
Frequency of Response: On occasion, quarterly, semi-annually, and
annually.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collections of information.
Send comments regarding this burden estimate or any other aspect of
these collections of information to the Federal Communications
Commission, Records Management Division, room 234, Paperwork Reduction
Project (3060-0508), Washington, DC 20554 and to the Office of
Management and Budget, Paperwork Reduction Project (3060-0508),
Washington, DC 20503.
Summary of the Report and Order
1. The Report and Order is a comprehensive, top-to-bottom rewrite
of part 22 of the Commission's Rules. The topics which were the most
controversial are treated in the Report and Order, while the less
controversial changes are explained in Appendix A of the Report and
Order. Among other things, the Report and Order modifies the
application processing procedures for 931 MHz paging applications by
requiring that applicants specify the channels for which they seek
authorization, prescribing a 30-day filing period for initial
applications and providing for auctions as the means for selecting the
winner among mutually exclusive initial applications. Applications in
the Rural Radiotelephone Service, which is a fixed as opposed to a
mobile radio service, will be selected on a first-come, first-served
basis. The first-come, first-served procedures allow an application to
be granted if it is not mutually exclusive with another application
filed on the same or on a previous day and if the applicant in question
is qualified to be a Commission licensee. Further, under these
procedures, mutually exclusive rural radiotelephone applications
received on the same day would, absent a negotiated settlement among
the parties, be designated for a comparative hearing to determine which
application should be granted.
2. The Report and Order also requires that, by the end of their
authorized construction periods, licensees of public mobile stations
must not only complete construction of their facilities, as is now
required, but must also actually commence provision of service to
subscribers. In addition, the Report and Order eliminates the remaining
traffic loading study requirements for Paging and Radiotelephone
Services licensees seeking additional channels for traditional two-way
mobile radio services and provides technical channel assignment rules
for Basic Exchange Telephone Radio Systems (BETRS), which is a radio
technology that provides basic telephone service to remote and rural
areas.
3. The Report and Order explicitly requires that cellular
telephones be designed and manufactured in such a way that the
electronic serial number is permanently programmed into the equipment
at the factory and is physically unalterable. This requirement is
intended to help reduce fraud in the use of cellular equipment due to
tampering with the electronic serial numbers.
4. The Report and Order also removes the existing prohibition
against the concurrent use and licensing of Part 22 facilities for both
common carrier and non-common carrier services, affirmatively allows
the use of multi-channel transmitters, and permits licensees to make
certain minor modifications to their stations and add ``internal''
transmitters to existing systems without notifying the Commission.
Ordering Clauses
Accordingly, it is ordered that the rule changes made herein will
become effective on January 1, 1995.
List of Subjects in 47 CFR Part 22
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
47 CFR parts 1 and 22 are revised as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
2. Section 1.420 is amended by revising the heading and paragraphs
(a) and (b) to read as follows:
Sec. 1.420 Additional procedures in proceedings for amendment of the
FM or TV Tables of Allotments.
(a) Comments filed in proceedings for amendment of the FM Table of
Allotments (Sec. 73.202 of this chapter) or the Television Table of
Allotments (Sec. 73.606 of this chapter) which are initiated on a
petition for rule making shall be served on petitioner by the person
who files the comments.
(b) Reply comments filed in proceedings for amendment of the FM or
Television Tables of Allotments shall be served on the person(s) who
filed the comments to which the reply is directed.
* * * * *
Sec. 1.742 [Amended]
3. In the first sentence of the introductory text of Sec. 1.742,
the phrase ``Except as specified in Sec. 22.6'' is removed and ``Except
as specified in part 22 of this chapter'' is added in its place.
4. Section 1.743 is amended by revising paragraph (a) and adding
new paragraph (e) to read as follows:
Sec. 1.743 Who may sign applications.
(a) Except as provided in paragraph (b) of this section,
applications, amendments thereto, and related statements of fact
required by the Commission must be signed by the applicant, if the
applicant is an individual; by one of the partners, if the applicant is
a partnership; by an officer or duly authorized employee, if the
applicant is a corporation; or by a member who is an officer, if the
applicant is an unincorporated association. Applications, amendments,
and related statements of fact filed on behalf of eligible government
entities such as states and territories of the United States, their
political subdivisions, the District of Columbia, and units of local
government, including incorporated municipalities, must be signed by a
duly elected or appointed official who is authorized to do so under the
laws of the applicable jurisdiction.
* * * * *
(e) ``Signed,'' as used in this section, means an original hand-
written signature, except that by public notice in the Federal Register
the Common Carrier Bureau may allow signature by any symbol executed or
adopted by the applicant with the intent that such symbol be a
signature, including symbols formed by computer-generated electronic
impulses.
5. Section 1.821 is revised to read as follows:
Sec. 1.821 Scope.
The provisions of Secs. 1.822, 1.823, 1.824 and 1.825 apply as
indicated to those applications for permits, licenses or authorizations
in the Public Mobile Services, Multichannel Multipoint Distribution
Service and Digital Electronic Message Service for which action may be
taken by the Chief, Common Carrier Bureau pursuant to delegated
authority.
6. Section 1.823 is amended by revising the heading, paragraph
(b)(1) and the headings of paragraphs (b)(2) and (b)(3) to read as
follows:
Sec. 1.823 Random selection procedures for the Public Mobile Services.
* * * * *
(b) * * *
(1) Public Mobile Services other than the Cellular Radiotelephone
Service. Petitions to Deny and other pleadings may be filed against
applications but are not reviewed prior to the random selection
process. Petitions filed against tentative selectee applications are
reviewed after the tentative selectee is announced.
(2) Cellular Radiotelephone Service, except unserved areas. * * *
(3) Cellular Radiotelephone Service, unserved areas. * * *
* * * * *
Sec. 1.1105 [Amended]
7. Section 1.1105 is amended by revising the table entries from 2.
to 5.n. to read as follows:
----------------------------------------------------------------------------------------------------------------
Action FCC form No. Fee amount Fee type code Address
----------------------------------------------------------------------------------------------------------------
*****
2. Domestic Public Land
Mobile Stations [Paging
and Radiotelephone
Service, Air-ground
Radiotelephone Service]:
a. Application for FCC 401, FCC 159......... 265.00 CMD Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 265.00 CMD Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Notification of FCC 489, FCC 159......... 265.00 CMD Federal Communications
additional Commission, Common
transmitter (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
d. Major amendment of FCC 401, FCC 159......... 265.00 CMD Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 265.00 CMD Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each same as 2e(i)............ 45.00 CAD Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for FCC 401, FCC 159, FCC 490 265.00 CMD Federal Communications
partial assignment Commission, Common
of authorization Carrier Land Mobile,
(per call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 405, FCC 159......... 45.00 CAD Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Minor modification
(per transmitter.
(i) Notification of FCC 489, FCC 159......... 45.00 CAD Federal Communications
minor modification. Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAD Federal Communications
for minor Commission, Common
modification. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
i. Request for written request, FCC 159. 230.00 CLD Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
j. Application for FCC 401, FCC 159......... 45.00 CAD Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per authorization. P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
k. Notification of FCC 489, FCC 159......... 45.00 CAD Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
l. Application for FCC 401, FCC 159......... 230.00 CLD Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 115.00 CFD Federal Communications
authority to provide Commission, Common
commercial mobile Carrier Land Mobile,
service using P.O. Box 358130,
broadcast station Pittsburgh, PA 15251-
subcarriers (per 5130.
application).
n. Application for ......................... ................ ........................
reinstatement [No
longer available].
o. Application to FCC 401, FCC 159......... 230.00 CLD Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
p. Application for FCC 401, FCC 159......... 230.00 CLD Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
q. 931 MHz nationwide
paging renewal [See
2g].
r. Application for FCC 409.................. 45.00 CAD Federal Communications
new, modified or Commission, Common
renewal general Carrier Land Mobile,
aviation air-ground P.O. Box 358130,
mobile license (per Pittsburgh, PA 15251-
application). 5130.
s. Application for FCC 401, FCC 159......... 265.00 CMP Federal Communications
932-932.5/941-941.5 Commission, 932/941 MHz
MHz point-to- Point-to-Multipoint
multipoint channels Channels, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358924,
Pittsburgh, PA 15261-
5924.
3. Cellular Systems
[Cellular Radiotelephone
Service]:
a. Initial FCC 401, FCC 159......... 265.00 CMC Federal Communications
application for new Commission, Cellular
cellular system. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
b. Application for FCC 401, FCC 159......... 265.00 CMC Federal Communications
major modification. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
c. Minor
modifications
(i) Application for FCC 401, FCC 159......... 70.00 CDC Federal Communications
minor modification. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
(ii) Notification FCC 489, FCC 159......... 70.00 CDC Federal Communications
of minor Commission, Cellular
modification or Systems, P.O. Box
commencement of 358135, Pittsburgh, PA
service to 15251-5135.
subscribers (per
notification).
d. Application for FCC 490.................. 265.00 CMC Federal Communications
full or partial Commission, Cellular
assignment of Systems, P.O. Box
authorization or 358135, Pittsburgh, PA
consent to transfer 15251-5135.
of control.
e. Application for FCC 405, FCC 159......... 45.00 CAC Federal Communications
renewal. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
f. Application for FCC 401, FCC 159......... 45.00 CAC Federal Communications
extension of Commission, Cellular
construction period. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
g. Request for written request, FCC 159. 230.00 CLC Federal Communications
special temporary Commission, Cellular
authority. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
h. Request to combine written request, FCC 159. 60.00 CBC Federal Communications
cellular geographic Commission, Cellular
service areas (per Systems, P.O. Box
system). 358135, Pittsburgh, PA
15251-5135.
4. Rural Radio [Rural
Radiotelephone Service]:
a. Application for FCC 401, FCC 159......... 125.00 CGR Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 125.00 CGR Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Major amendment of FCC 401, FCC 159......... 125.00 CGR Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
d. Minor
modifications
(i) Notification of FCC 489, FCC 159......... 45.00 CAR Federal Communications
minor modification Commission, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAR Federal Communications
for minor Commission, Common
modification (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 125.00 CGR Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each came as 4e(i)............ 45.00 CAR Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(iii) Partial FCC 490, FCC 401, FCC 159 125.00 CGF Federal Communications
assignment of Commission, Common
authorization (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for FCC 405, FCC 159......... 45.00 CAR Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 401, FCC 159......... 45.00 CAR Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per application). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Notification of FCC 489, FCC 159......... 45.00 CAR Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
i. Request for written request, FCC 159. 230.00 CLR Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
j. Application for ................ ........................
reinstatement [No
longer available].
k. Application to FCC 401, FCC 159......... 230.00 CLR Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
l. Application for FCC 401, FCC 159......... 230.00 CLR Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 230.00 CLR Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
5. Offshore
Radiotelephone Service:
a. Application for FCC 401, FCC 159......... 125.00 CGF Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 125.00 CGF Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Fill-in
transmitters [Not
available].
d. Major amendment of FCC 401, FCC 159......... 125.00 CGF Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Minor
modifications.
(i) Notification of FCC 489, FCC 159......... 45.00 CAF Federal Communications
minor modification Commission, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAF Federal Communications
for minor Commission, Common
modification (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 125.00 CGF Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each same as 5f(i)............ 45.00 CAF Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(iii) Partial FCC 490, FCC 401, FCC 159 125.00 CGF Federal Communications
assignment of Commission, Common
authorization (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 405, FCC 159......... 45.00 CAF Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Application for FCC 401, FCC 159......... 45.00 CAF Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per application). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
i. Application for
reinstatement [No
longer available].
j. Notification of FCC 489, FCC 159......... 45.00 CAF Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
k. Request for written request, FCC 159. 230.00 CLF Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
l. Application to FCC 401, FCC 159......... 230.00 CLF Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 230.00 CLF Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
n. Application for FCC 401, FCC 159......... 230.00 CLF Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
----------------------------------------------------------------------------------------------------------------
* * * * *
8. Part 22 is revised to read as follows:
PART 22--PUBLIC MOBILE SERVICES
Subpart A--Scope and Authority
Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.99 Definitions.
Subpart B--Application Requirements and Procedures
22.101 Station files.
22.103 Representations.
22.105 Written applications, standard forms, microfiche, magnetic
disks.
22.106 Filing fees; place.
22.107 General application requirements.
22.108 Parties to applications.
22.115 Content of applications.
22.117 Content of notifications.
22.119 Requests for rule waivers.
22.120 Application processing; initial procedures.
22.121 Repetitious, inconsistent or conflicting applications.
22.122 Amendment of applications.
22.123 Classification of filings as major or minor.
22.124 Notification processing.
22.125 Application for special temporary authorizations.
22.127 Public notices.
22.128 Dismissal of applications.
22.129 Agreements to dismiss applications, amendments or pleadings.
22.130 Petitions to deny, responsive pleadings.
22.131 Mutually exclusive applications.
22.132 Grants of applications.
22.135 Settlement conference.
22.137 Assignment of authorization; transfer of control.
22.139 Trafficking.
22.142 Commencement of service; notification requirement.
22.143 Construction prior to grant of application.
22.144 Termination of authorizations.
22.145 Renewal application procedures.
22.150 Standard pre-filing technical coordination procedure.
22.157 Distance computation.
22.159 Computation of average terrain elevation.
22.161 Application requirements for ASSB.
22.163 Minor modifications to existing stations.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.
Subpart C--Operational and Technical Requirements
Operational Requirements
22.301 Station inspection.
22.303 Retention of station authorizations; identifying
transmitters.
22.305 Operator and maintenance requirements.
22.307 Operation during emergency.
22.313 Station identification.
22.315 Duty to respond to official communications.
22.317 Discontinuance of station operation.
22.321 Equal employment opportunities.
22.323 Incidental communication services.
22.325 Control points.
Technical Requirements
22.351 Channel assignment policy.
22.352 Protection from interference.
22.353 Blanketing interference.
22.355 Frequency tolerance.
22.357 Emission types.
22.359 Emission masks.
22.361 Standby facilities.
22.363 Directional antennas.
22.365 Antenna structures; air navigation safety.
22.367 Wave polarization.
22.369 Quiet zones.
22.371 Disturbance of AM broadcast station antenna patterns.
22.373 Access to transmitters.
22.377 Type-acceptance of transmitters.
22.379 Replacement of equipment.
22.381 Auxiliary test transmitters.
22.383 In-building radiation systems.
Subpart D--Developmental Authorizations
22.401 Description and purposes of developmental authorizations.
22.403 General limitations.
22.409 Developmental authorization for a new Public Mobile Service
or technology.
22.411 Developmental authorization of 43 MHz paging transmitters.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.
22.415 Developmental authorization of 928-960 MHz fixed
transmitters.
22.417 Developmental authorization of meteor burst systems.
Subpart E--Paging and Radiotelephone Service
22.501 Scope.
22.507 Number of transmitters per station.
22.511 Construction period for the Paging and Radiotelephone
Service.
22.515 Permissible communications paths.
22.529 Application requirements for the Paging and Radiotelephone
Service.
One-Way Paging Operation
22.531 Channels for one-way paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.539 Additonal channel policies.
22.541 Procedures for mutually exclusive 931 MHz paging
applications.
22.551 Nationwide network paging service.
22.559 One-way paging application requirements.
One-Way or Two-Way Mobile Operation
22.561 Channels for one-way or two-way mobile operation.
22.563 Provision of rural radiotelephone service upon request.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.569 Additonal channel policies.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station
functions.
22.577 Grandfathered dispatch service.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.
Point-To-Point Operation
22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.599 Assignment of 72-76 MHz channels.
22.601 Assignment of microwave channels.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.
Point-To-Multipoint Operation
22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.
470-512 MHz Trunked Mobile Operation
22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
22.655 Channel usage.
22.657 Transmitter locations.
22.659 Effective radiated power limits.
Subpart F--Rural Radiotelephone Service
22.701 Scope.
22.702 Eligibility.
22.703 Separate rural subscriber station authorization not
required.
22.705 Rural radiotelephone system configuration.
22.709 Rural radiotelephone service application requirements.
22.711 Provision of information to applicants.
22.713 Construction period for rural radiotelephone stations.
22.715 Technical channel assignment criteria for rural
radiotelephone stations.
22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
22.725 Channels for conventional rural radiotelephone stations.
22.727 Power limits for conventional rural radiotelephone
transmitters.
22.729 Meteor burst propagation modes.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
22.757 Channels for basic exchange telephone radio systems.
22.759 Power limit for BETRS.
Subpart G--Air-Ground Radiotelephone Service
22.801 Scope.
22.803 Air-ground application requirements.
General Aviation Air-Ground Stations
22.805 Channels for general aviation air-ground service.
22.809 Transmitting power limits.
22.811 Idle tone.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.
22.819 AGRAS compatibility requirement.
22.821 Authorization for airborne mobile stations.
Commercial Aviation Air-Ground Systems
22.857 Channel plan for commercial aviation air-ground systems.
22.859 Geographical channel block layout.
22.861 Emission limitations.
22.863 Transmitter frequency tolerance.
22.865 Automatic channel selection procedures.
22.867 Effective radiated power limits.
22.869 Assignment of control channels.
22.871 Control channel transition period.
22.873 Construction period for commercial aviation air-ground
systems.
22.875 Commercial aviation air-ground system application
requirements.
Subpart H--Cellular Radiotelephone Service
22.900 Scope.
22.901 Cellular service requirements and limitations.
22.903 Conditions applicable to former Bell operating companies.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.915 Modulation requirements.
22.917 Emission limitations for cellular.
22.919 Electronic serial numbers.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobil stations.
22.929 Application requirements for the Cellular Radiotelephone
Service.
22.933 Cellular system compatibility specification.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.937 Demonstration of financial qualifications.
22.939 Site availability requirements for applications competing
with cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.941 System identification numbers.
22.942 Limitations on interests in licensees for both channel
blocks in an area.
22.943 Limitations on assignments and transfers of cellular
authorizations.
22.944 Transfers of interests in applications.
22.945 Interests in multiple applications.
22.946 Service commencement and construction periods for cellular
systems.
22.947 Five year build-out period.
22.949 Unserved area licensing process.
22.951 Minimum coverage requirement.
22.953 Content and form of applications.
22.955 Canadian condition.
22.957 Mexican condition.
22.959 Rules governing processing of applications for initial
systems.
Subpart I--Offshore Radiotelephone Service
22.1001 Scope.
22.1003 Eligibility.
22.1005 Priority of service.
22.1007 Channels for offshore radiotelephone systems.
22.1009 Transmitter locations.
22.1011 Antenna height limitations.
22.1013 Effective radiated power limitations.
22.1015 Repeater operation.
22.1025 Permissible communications.
22.1031 Temporary fixed stations.
22.1035 Construction period.
22.1037 Application requirements for offshore stations.
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
Subpart A--Scope and Authority
Sec. 22.1 Basis and purpose.
This section contains a concise general statement of the basis and
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications
Act of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the
requirements and conditions under which domestic common carrier radio
stations may be licensed and used in the Public Mobile Services.
Sec. 22.3 Authorization required.
Stations in the Public Mobile Services must be used and operated
only in accordance with the rules in this part and with a valid
authorization granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights
beyond the terms, conditions and period specified in the authorization.
Authorizations may be granted upon proper application, provided that
the FCC finds that the applicant is qualified in regard to citizenship,
character, financial, technical and other criteria, and that the public
interest, convenience and necessity will be served. See 47 U.S.C. 301,
308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations
in the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service and the Air-Ground Radiotelephone Service, is
included in the authorization held by the common carrier providing
service to them. Subscribers are not required to apply for, and the FCC
does not accept applications from subscribers for, individual mobile or
fixed station authorizations in the Public Mobile Services, except as
follows:
(1) Individual authorizations are required to operate general
aviation airborne mobile stations in the Air-Ground Radiotelephone
Service. See Sec. 22.821.
(2) Individual authorizations are required to operate rural
subscriber stations in the Rural Radiotelephone Service, except as
provided in Sec. 22.703.
Sec. 22.5 Citizenship.
The rules in this section implement section 310 of the
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard
to the citizenship of licensees in the Public Mobile Services.
(a) Foreign governments. The FCC will not grant an authorization in
the Public Mobile Services to any foreign government or any
representative thereof.
(b) Alien ownership or control. The FCC will not grant an
authorization in the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which any officer or director is an alien or
of which more than one-fifth of the capital stock is owned of record or
voted by aliens or their representatives or by a foreign government or
representative thereof, or by any corporation organized under the laws
of a foreign country;
(4) Any corporation directly or indirectly controlled by any other
corporation of which any officer or more than one-fourth of the
directors are aliens, or of which more than one-fourth of the capital
stock is owned of record or voted by aliens, their representatives, or
by a foreign government or representative thereof, or by any
corporation organized under the laws of a foreign country, if the FCC
finds that the public interest will be served by the refusal or
revocation of such license.
Sec. 22.7 General eligibility.
Except as otherwise provided in this part, existing and proposed
common carriers are eligible to hold authorizations in the Public
Mobile Services. Applications are granted only if the applicant is
legally, financially, technically and otherwise qualified to render the
proposed service.
Sec. 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone
Service authorized for use on aircraft while in flight or on the
ground.
Antenna structure. A structure comprising an antenna, the tower or
other structure that exists solely to support antennas, and any
surmounting appurtenances (attachments such as beacons or lightning
rods).
Antenna. A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
Archival quality microfiche. A silver halide master microfiche or a
copy made on silver halide film.
Assignment of authorization. A transfer of a Public Mobile Services
authorization from one party to another, voluntarily or involuntarily,
directly or indirectly, or by transfer of control of the licensee.
Authorization. A written instrument or oral statement issued by the
FCC conveying authority to operate, for a specified term, a station in
the Public Mobile Services.
Authorized bandwidth. The necessary or occupied bandwidth of an
emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the
authorized transmitter(s) must be contained, in accordance with the
rules in this part. The authorized spectrum comprises one channel
bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public
Mobile systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including
those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located
in the immediate vicinity of a transmitter, caused by currents directly
induced into the consumer receiver's circuitry by the relatively high
field strength of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service,
transmitters added to the first cellular system authorized on a channel
block in a cellular market during the five year build-out period in
order to expand the coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially
on the ground from an antenna location in the following azimuths with
respect to true North: 0 deg., 45 deg., 90 deg., 135 deg., 180 deg.,
225 deg., 270 deg., 315 deg..
Carrier frequency. The frequency of the unmodulated electrical wave
at the output of an amplitude modulated (AM), frequency modulated (FM)
or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a
cellular system.
Cellular Geographic Service Area. The geographic area served by a
cellular system, within which that system is entitled to protection and
adverse effects are recognized, for the purpose of determining whether
a petitioner has standing. See Sec. 22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
Sec. 22.909.
Cellular Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide cellular service for hire
to the general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a
stationary transmitter or device that automatically re-radiates the
transmissions of base transmitters at a particular cell site and mobile
stations communicating with those base transmitters, with or without
channel translation.
Cellular service. Radio telecommunication services provided using a
cellular system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting
power and automatic hand-off between base stations of communications in
progress to enable channels to be reused at relatively short distances.
Cellular systems may also employ digital techniques such as voice
encoding and decoding, data compression, error correction, and time or
code division multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a
channel.
Central office transmitter. A fixed transmitter in the Rural
Radiotelephone Service that provides service to rural subscriber
stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by
the FCC for one emission. In certain circumstances, however, more than
one emission may be transmitted on a channel. See, for example,
Sec. 22.161.
Channel bandwidth. The spectral width of a channel, as specified in
this part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not
individually. In this part, channel pairs are indicated by an ellipsis
between the center frequencies.
Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber
communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the
Air-ground Radiotelephone Service, a channel used to transmit
information necessary to establish or maintain communications. In the
other Public Mobile Services, a channel that may be assigned to a
control transmitter.
Control point. A location where the operation of a public mobile
station is supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile
Services that transmits control signals to one or more base or fixed
stations for the purpose of controlling the operation of the base or
fixed stations, and/or transmits subscriber communications to one or
more base or fixed stations that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field
strength is lower than the minimum level for reliable service. Service
within dead spots is presumed.
Dispatch service. A radiotelephone service comprising
communications between a dispatcher and one or more mobile units. These
communications normally do not exceed one minute in duration and are
transmitted directly through a base station, without passing through
mobile telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line, duplexers etc.) is the
power that would be necessary at the input terminals of a reference
half-wave dipole antenna in order to produce the same maximum field
intensity. ERP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to a half-wave dipole, in the direction of interest.
Emission. The electromagnetic energy radiated from an antenna.
Emission designator. An internationally accepted symbol for
describing an emission in terms of its bandwidth and the
characteristics of its modulation, if any. See Sec. 2.201 of this
chapter for details.
Emission mask. The design limits imposed, as a condition or type
acceptance, on the mean power of emissions as a function of frequency
both within the authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent
isotropically radiated power of a transmitter (with antenna,
transmission line, duplexers etc.) is the power that would be necessary
at the input terminals of a reference isotropic radiator in order to
produce the same maximum field intensity. An isotropic radiator is a
theoretical lossless point source of radiation with unity gain in all
directions. EIRP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to an isotropic radiator, in the direction of interest.
Extension. In the Cellular Radiotelephone Service, an area within
the service area boundary of a cellular system, but outside of the
market boundary. See Secs. 22.911(c) and 22.912.
Facsimile service. Transmission of still images from one place to
another by means of radio.
Fill-in transmitters. Transmitters added to a station, in the same
area and transmitting on the same channel or channel block as
previously authorized transmitters, that do not expand the existing
service area, but are established for the purpose of improving
reception in dead spots.
Five year build-out period. A five year period during which the
licensee of the first cellular system authorized on each channel block
in each cellular market may expand the system within that market. See
Sec. 22.947.
Fixed transmitter. A stationary transmitter that communicates with
other stationary transmitters.
Frequency. The number of cycles occurring per second of an
electrical or electromagnetic wave; a number of representing a specific
point in the electromagnetic spectrum.
Ground station. In the Air-ground Radiotelephone Service, a
stationary transmitter that provides service to airborne mobile
stations.
Height above average terrain (HAAT). The height of an antenna above
the average elevation of the surrounding area.
In-building radiation systems. Supplementary systems comprising low
power transmitters, receivers, indoor antennas and/or leaky coaxial
cable radiators, designed to improve service reliability inside
buildings or structures located within the service areas of stations in
the Public Mobile Services.
Initial cellular applications. Applications for authority to
construct and operate a new cellular system, excluding applications for
interim operating authority.
Interfering contour. The locus of points surrounding a transmitter
where the predicted median field strength of the signal from that
transmitter is the maximum field strength that is not considered to
cause interference at the service contour of another transmitter.
Interoffice transmitter. A fixed transmitter in the Rural
Radiotelephone Service that communicates with other interoffice
transmitters for the purpose of interconnecting rural central offices.
Meteor burst propagation mode. A long distance VHF radio
communication path occurring as a result of the refraction of
electromagnetic waves by ionized meteor trails.
Mobile station. One or more transmitters that are capable of
operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this
chapter. The bandwidth so calculated is considered to be the minimum
necessary to convey information at the desired rate with the desired
accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between
upper and lower frequencies where 0.5% of the emission power is above
the upper frequency and 0.5% of the emission power is below the lower
frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers on structures in the offshore coastal
waters of the Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile
transmitters in the Offshore Radiotelephone Service that receive
service from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person
and to give an aural, visual or tactile indication when activated by
the reception of a radio signal containing its specific code. It may
also reproduce sounds and/or display messages that were also
transmitted. Some pagers also transmit a radio signal acknowledging
that a message has been received.
Paging and Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide paging and radiotelephone
service for hire to the general public. This service was formerly
titled Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose
of activating specific pagers; such transmissions may include messages
and/or sounds.
Partitioned cellular market. A cellular market with two or more
authorized cellular systems on the same channel block during the five
year build-out period, as a result of settlements during initial
licensing or contract(s) between the licensee of the first cellular
system and the licensee(s) of the subsequent systems. See
Sec. 22.947(b).
Public Mobile Services. Radio services in which common carriers are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
Radio common carrier. A telecommunications common carrier that
provides radio communications services but is not engaged in the
business of providing landline local exchange telephone service.
Radio telecommunication services. Communication services provided
by the use of radio, including radiotelephone, radiotelegraph, paging
and facsimile service.
Radiotelegraph service. Transmission of messages from one place to
another by means of radio.
Radiotelephone service. Transmission of sound from one place to
another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system
in the Public Mobile Services other than one to which it is a
subscriber.
Rural Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers in areas where it is not feasible to
provide communication services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the
Rural Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be
reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter
where the predicted median field strength of the signal from that
transmitter is the minimum field strength that is considered sufficient
to provide reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is
not affiliated with, controlled by or related to the providing carrier.
Station. A station equipped to engage in radio communication or
radio transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership,
association, joint-stock company, trust or corporation engaged in
rendering radio telecommunications services to the general public for
hire.
Temporary fixed station. One or more fixed transmitters that
normally do not remain at any particular location for longer than 6
months.
Transfer of control. A transfer of the controlling interest in a
Public Mobile Services licensee from one party to another.
Unserved areas. In the Cellular Radiotelephone Service, areas
outside of all existing CGSAs (on either of the channel blocks), to
which the Communications Act of 1934, as amended, is applicable.
Wireline common carrier. A telecommunications common carrier that
is also engaged in the business of providing landline local exchange
telephone service.
Subpart B--Application Requirements and Procedures
Sec. 22.101 Station files.
Applications, notifications, correspondence and other material, and
copies of authorizations, comprising technical, legal, and
administrative data relating to each station in the Public Mobile
Services are maintained by the FCC in individual station files. These
files constitute the official records for these stations and supersede
any other records, data bases or lists from the FCC or other sources.
Sec. 22.103 Representations.
Applicants must make full and continuing disclosure as required by
Sec. 1.65 of this chapter. Applicants must not make misrepresentations.
The signing of an application or notification for new or additional
facilities in the Public Mobile Services constitutes a representation
that the applicant intends to use such facilities to provide service to
subscribers in accordance with the rules in this part.
Sec. 22.105 Written applications, standard forms, microfiche, magnetic
disks.
Except for authorizations granted under the emergency conditions
set forth in section 308 of the Communications Act of 1934, as amended
(47 U.S.C. 308), the FCC may grant authorizations only upon written
application (FCC Form 401) received by it. A separate written
application is required for each authorization. Applicants shall submit
any documents, exhibits, or other written statements of fact that the
FCC may require in determining whether to grant, deny or dismiss an
application.
Table B-1.--Standard Forms for the Public Mobile Services
------------------------------------------------------------------------
Purpose of filing Form No. Title of form
------------------------------------------------------------------------
application for new 401 Application for Mobile Radio
or modified station. Service Authorization.
major amendment to
pending application.
application for
partial assignment of
authorization.
application for 405 Application for Renewal of
renewal of authorization. Station License.
application for 409 Application for Airborne
airborne mobile Mobile Radiotelephone
authorization. Authorization.
application for 430 Licensee Qualification
assignment of authorization. Report.
notification of 489 Notification of Commencement
completion of construction. of Service or of Additional
notification of minor or Modified Facilities.
modification of station.
application for 490 Application for Assignment
assignment of authorization. of Authorization or Consent
application for to Transfer of Control of
consent to transfer of Licensee.
control.
------------------------------------------------------------------------
(a) Formal applications, amendments and notifications. Except as
provided in paragraph (b) of this section, applications, amendments and
notifications must be filed using the standard forms listed in
paragraph (c) of this section.
(b) Informal applications, amendments and notifications.
Applications, amendments and notifications in letter or document form
may be accepted for filing, if none of the standard forms listed in
this section are prescribed for or clearly applicable for the intended
purpose. Such informal applications, amendments and notifications must
be submitted in duplicate, with a caption clearly stating the name of
the filer, nature of the filing, the Public Mobile service involved,
the call sign of the relevant existing station, if any, and the file
number of the relevant pending application, if any, and must contain
all necessary technical data and exhibits.
(c) Standard forms. Standard forms may be obtained in small
quantities from the FCC. Standard forms may be reproduced and the
copies used. Computer-generated standard forms may also be used after
approval by the FCC staff. Standard forms used for applications,
amendments, notifications and reports in the Public Mobile Services are
listed in Table B-1 of this section.
(d) Microfiche required. All filings and submissions related to
stations in the Public Mobile Services, including applications
(including exhibits and attachments), notifications, amendments,
reports, correspondence and pleadings must be submitted in microfiche
form, except as provided in paragraphs (d)(1) and (g) of this section.
(1) Emergency filings, such as requests for special temporary
authority, need not be submitted in microfiche form. Filings and
submissions (other than standard application forms) that are no longer
than three pages need not be submitted in microfiche form. Standard
application forms must be submitted in microfiche forms, even if they
comprise three pages or less.
(2) Three microfiche copies of each filing or submission must be
submitted, except that, for initial Phase I unserved area applications
in the Cellular Radiotelephone Service (see Sec. 22.949), two
microfiche copies must be submitted. Each microfiche copy must be a
complete copy of the signed paper original. Each microfiche must be a
148 mm by 105 mm negative (clear transparent characters appearing on a
background providing sufficient contrast to make legible copies) at
24 x or 27 x reduction. At least one of the microfiche copies must be
a silver halide camera master or a copy made on silver halide film such
as Kodak Direct Duplicatory Film. Microfiche must be placed in paper
microfiche envelopes and submitted in a 5'' by 7\1/2\'' envelope.
Applicants must leave Row ``A'' (the first row for page images) of the
first microfiche blank for FCC use.
(3) The following information must be printed on the mailing
envelope, the microfiche envelope, and the title area at the top of the
microfiche:
(i) For notifications, amendments, reports, correspondence,
pleadings and applications, other than initial applications in the
Cellular Radiotelephone Service--the name of the applicant, the city
and state of the application and the call sign of the station, if the
application refers to an existing station.
(ii) For initial applications in the Cellular Radiotelephone
Service--the name of the applicant, the market name, the market number,
and the channel block.
(4) The microfiche copies of opposition and reply pleadings may be
submitted after the required paper originals, in accordance with
Sec. 1.45 of this chapter.
(e) Paper original required. The paper originals of notifications,
amendments, reports, correspondence and applications, other than
initial Phase I unserved area applications in the Cellular
Radiotelephone Service, must be submitted at the same time as the
microfiche required by paragraph (d) of this section. The paper
originals of initial Phase I unserved area applications selected in
random selection processes must be submitted 7 days after the release
of the public notice announcing the tentative selectee. The paper
originals of opposition and reply pleadings must be submitted within
the time frames established by Sec. 1.45 of this chapter. Each paper
original must be stamped ``ORIGINAL'' on the top page. In addition to
the paper original, paper copies of pleadings must be submitted as
required by Sec. 1.51 of this chapter.
(f) Correspondence. Correspondence concerning a submitted
application must clearly identify the name of the filer, nature of the
filing, the Public Mobile service involved, the call sign of the
relevant existing station, if any, and the file number (if assigned) of
the relevant pending application. Correspondence may be sent directly
to Mobile Services Division, Common Carrier Bureau, Federal
Communications, Washington, DC 20554.
(g) Magnetic disks. To assist the FCC in maintaining an accurate
technical licensing database, applicants are encouraged to submit the
technical and administrative data contained in applications and
notifications on magnetic disks. Applicants may also submit, in lieu of
the microfiche required by paragraph (d) of this section, entire
applications and notifications on magnetic disks, by including graphics
files containing the images of the signed paper originals.
(1) Each application must be submitted on a separate labeled
standard 3\1/4\'' magnetic disk, formatted to be readable by high-
density floppy drives operating under MS-DOS (3.X or later compatible
versions). A copy of each disk must also be submitted (2 identical
disks per application).
(2) [Reserved]
Note: Paragraph (g) of Sec. 22.105 is not effective until
further notice.
Sec. 22.106 Filing fees; place.
Applications, amendments, notifications and other filings must be
submitted to the FCC at the appropriate address, with the appropriate
filing fee. The fee amounts and addresses are listed in part 1, subpart
G of this chapter (Sec. 1.1105 in particular), and in the publication
``Common Carrier Services Fee Filing Guide'' which is available from
the Federal Communications Commission, Washington, DC 20554.
Sec. 22.107 General application requirements.
In general, applications for authorizations, assignments of
authorizations, or consent to transfer of control of licensees in the
Public Mobile Services must:
(a) Demonstrate the applicant's qualifications to hold an
authorization in the Public Mobile services;
(b) State how a grant would serve the public interest, convenience,
and necessity;
(c) Contain all information required by FCC rules or application
forms;
(d) Propose operation of a facility in compliance with all rules
governing the Public Mobile service;
(e) Be amended as necessary to remain substantially accurate and
complete in all significant respects, in accordance with the provisions
of Sec. 1.65 of this chapter; and,
(f) Be signed in accordance with Sec. 1.743 of this chapter.
Sec. 22.108 Parties to applications.
Each application for an authorization, assignment of authorization,
or for consent to transfer of control in the Public Mobile Service must
disclose fully the real party or parties in interest to the
application. Such disclosure must include:
(a) A list of the applicant's subsidiaries, if any. For the
purposes of this section, a subsidiary is any business for which the
applicant or any officer, director, stockholder or key manager of the
applicant owns 5% or more of the stock, warrants, options or debt
securities. This list must include a description of each subsidiary's
principal business and relationship to the applicant.
(b) A list of the applicant's affiliates, if any. For the purposes
of this section, an affiliate is:
(1) Any business that holds a 5% or more interest in the applicant;
or,
(2) Any business in which a 5% or more interest is held by a
business that also holds a 5% or more interest in the applicant.
(c) A list of the names, addresses, citizenship and principal
business of any person holding 5% or more of each class of stock,
warrants, options or debt securities of the applicant, indicating the
amount and percentage held, and providing the name, address,
citizenship and principal place of business of any person, if other
than the holder, for whose benefit such interest is held. If any such
persons are related by blood or marriage, the relationship must be
disclosed.
(d) For initial cellular applications, the name and address of each
partner, his or her citizenship and the share or interest participation
in the partnership. This information must be provided for all partners,
regardless of their respective ownership interests in the partnership.
A signed and dated copy of the partnership agreement must be included
in the application. See Sec. 22.953(a)(5)(v).
Sec. 22.115 Content of applications.
Applications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part.
(a) The following requirements are common to all Public Mobile
Services:
(1) Site availability. At the time of filing, applicants must have
obtained reasonable assurance that all antenna sites specified in their
applications are available for the proposed use.
(2) Antenna structure drawing. Applications proposing a new antenna
structure or a change in the overall height of an existing antenna
structure must contain a vertical profile drawing of the antenna
structure. (Applications proposing to use an existing structure,
without changing the overall height of the structure, need not contain
a drawing.) If appropriate, the standard drawings on Schedule F of FCC
Form 401 should be used to satisfy this requirement. Otherwise, the
applicant may submit an exhibit containing the required drawing. The
drawing must be labeled to show the overall structure height including
appurtenances, the height of the tip(s) of the proposed antenna(s), the
height of any supporting building (or other man-made structure other
than an antenna tower), and the ground elevation. Heights must be given
in meters above ground level (AGL) and meters above mean sea level
(AMSL). The ground elevation must be given in meters AMSL.
(3) FAA notification. Before construction of new antenna structures
or increases in the height of existing structures is authorized by the
FCC, a Federal Aviation Administration (FAA) determination of No Hazard
to Air Navigation may be required. To apply for this determination,
applicants must notify the FAA of the planned construction. Criteria
used to determine whether FAA notification is required for a particular
antenna structure are contained in part 17, subpart B of this chapter.
Applications proposing a new antenna structure or an increase in the
height of an existing antenna structure must state whether FAA
notification is required. If available, a copy of the FAA determination
should be included in the application. If FAA notification is required,
but the FAA determination is not available at the time the application
is filed, the application must include the following information in
regard to the FAA notification: the name of the person that submitted
the notification, the date the notification was submitted, and the
location of the FAA office to which the notification was submitted.
(4) Antenna locations. Applications for stations at fixed locations
must describe each transmitting antenna site by its geographical
coordinates and also by its street address, or by reference to a nearby
landmark. Geographical coordinates must be specified in degrees,
minutes, and seconds to the nearest second of latitude and longitude.
Note to paragraph (a)(4) of Sec. 22.115: The FAA has announced
that effective October 15, 1992, it will use geographic coordinates
based on the 1983 North American Datum (NAD83). Until further
notice, however, the FCC will continue to use geographical
coordinates based the 1927 North American Datum (NAD27). Applicants
may supply geographical coordinates based on NAD83 in addition to
those required (NAD27).
(5) Environmental concerns. Each applicant is required to indicate
at the time its application is filed whether or not an FCC grant of the
application may have a significant environmental effect, as defined by
Sec. 1.1307 of this chapter. If answered affirmatively, an
Environmental Assessment, required by Sec. 1.1311 of this chapter, must
be filed with the application and environmental review by the FCC must
be completed prior to construction.
(b) Reference to material on file. Questions on application forms
that call for specific technical data, or that can be answered yes or
no or with another short answer, must be answered on the form.
Otherwise, if documents, exhibits, or other lengthy showings already on
file with the FCC contain information required in an application, the
application may incorporate such information by reference, provided
that:
(1) The reference information comprises more than one 8\1/2\'' x
11'' page and is current and accurate in all material respects; and,
(2) The reference states specifically where the referenced
information can actually be found, including:
(i) The station call sign or application file number, if the
reference is to station files or previously filed applications;
(ii) The title of the proceeding, the docket number, and any legal
citations, if the reference is to a docketed proceeding.
(c) Service specific requirements. Applications for authorization
in the Cellular Radiotelephone Service must contain specific
information as required by Sec. 22.929 and Sec. 22.953. Applications
for authorization in the Paging and Radiotelephone Service must contain
specific information as required by Sec. 22.529, Sec. 22.559 and
Sec. 22.589. Applications for authorization in the Rural Radiotelephone
Service must contain the information required by Sec. 22.709.
Applications for authorization in the Offshore Radio Service must
contain the information required by Sec. 22.1037. Applications for
authorization in the Air-Ground Radiotelephone Service must contain
specific information as required by Sec. 22.803 and Sec. 22.875, as
appropriate.
Sec. 22.117 Content of notifications.
Notifications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part. See Secs. 22.124, 22.137, 22.142, 22.163, 22.165, 22.941,
and 22.946.
Sec. 22.119 Requests for rule waivers.
The FCC may waive the requirements of rules in this part on its own
motion or upon written request.
(a) Requests for waiver of rules must contain a complete
explanation as to why the waiver is desired. The FCC may grant a
request for waiver if it is shown that:
(1) The underlying purpose of the rule(s) would not be served or
would be frustrated by application to the instant case, and that a
grant of the requested waiver would be in the public interest; or
(2) In view of unique or unusual factual circumstances of the
instant case, application of the rule(s) would be inequitable, unduly
burdensome or contrary to the public interest, or that the applicant
has no reasonable alternative.
(b) The FCC, in its discretion, may give public notice of the
filing of a waiver request and seek comment from the public or affected
parties.
(c) Denial of a rule waiver request associated with an application
renders that application defective unless it contains an alternative
proposal that fully complies with the rules, in which event the
application is processed using the alternative proposal as if the
waiver had not been requested. Applications rendered defective may be
dismissed without prejudice.
Sec. 22.120 Application processing; initial procedures.
This section contains rules governing the initial processing of
applications for authority to operate a station in the Public Mobile
Services.
(a) File numbers. Applications received by the FCC are assigned
file numbers. Assignment of a file number to an application is for
administrative convenience and does not constitute a determination that
the application is acceptable for filing. Assignment of a file number
does not preclude the subsequent return or dismissal of an application.
For administrative efficiency, the FCC, in its discretion, occasionally
consolidates separate applications filed simultaneously by the same
applicant into a single application (with one file number) and splits
applications comprising two or more severable proposals into separate
applications (with different file numbers).
(b) Received date. The FCC records the date on which each
application is received. This date is used to determine compliance with
applicable cut-off dates or filing windows and for other purposes.
(c) Initial review for completeness (prescreening). Each
application is reviewed for completeness. The purpose of this initial
review is to identify applications that are defective in an obvious way
(e.g. not signed, missing pages, improper or missing fee payment).
Applications found to be defective in this review are unacceptable for
filing and may be returned to the applicant with a brief statement
indicating the nature of the defect(s) found. Applications for which no
obvious defects are discovered in the initial review are acceptable for
filing.
(d) Public notice; acceptance for filing. The FCC periodically
issues Public Notices that list applications that are acceptable for
filing. The listing of an application on a Public Notice as acceptable
for filing provides notices to the public that the application has been
filed; it does not preclude dismissal of the application if it is
subsequently found to be defective or otherwise subject to dismissal
under Sec. 22.128.
Sec. 22.121 Repetitious, inconsistent or conflicting applications.
Repetitious, inconsistent or conflicting applications are not
accepted for filing by the FCC. Unless the FCC in a particular case
determines otherwise, such applications are not returned to the
applicant.
(a) While an application is pending, any subsequent inconsistent or
conflicting application submitted by, on behalf of, or for the benefit
of the same applicant, its successor or assignee will not be accepted
for filing.
(b) If an applicant has been afforded an opportunity for a hearing
with respect to an application for a new station or an enlargement of
service area, and the FCC has, after hearing or default, denied the
application or dismissed it with prejudice, the FCC will not consider a
like application for service of the same type to the same area by that
applicant, or by its successor or assignee, or on behalf of or for the
benefit of the parties in interest to the original application, until
one year after the effective date of the FCC's action on the original
application.
(c) If an appeal has been taken from the action of the FCC denying
a particular application, a like application for service of the same
type to the same area, in whole or in part, filed by that applicant or
by its successor or assignee, or on behalf or for the benefit of the
parties in interest to the original application, will not be considered
until the final disposition of such appeal.
(d) If an authorization is voluntarily cancelled or automatically
terminated because of failure to commence service to subscribers (see
Sec. 22.144), the FCC will not consider an application for another
authorization to operate a station on the same channel (or, in the case
of a 931 MHz paging station, the same frequency range) in the same
geographical area by that party, or by its successor or assignee, or on
behalf of or for the benefit of the parties in interest to the
terminated authorization, until one year after the date the
authorization terminated. This paragraph does not apply to
authorizations in the Cellular Radiotelephone Service.
Sec. 22.122 Amendment of applications.
Pending applications may be amended as a matter of right if they
have not been designated for hearing or listed in a Public Notice for a
random selection or competitive bidding process, except as provided in
paragraphs (b) and (c) of this section and in Sec. 22.949.
(a) If a petition to deny or other formal objection has been filed,
a copy of any amendment (or other filing) must be served on the
petitioner. If the FCC has issued a Public Notice stating that the
application appears to be mutually exclusive with another application
(or applications), a copy of any amendment (or other filing) must be
served on any such mutually exclusive applicant (or applicants).
(b) Amendments to applications that resolve mutual exclusivity may
be filed at any time, subject to the requirements of Sec. 22.129.
(c) Amendments to applications designated for hearing may be
allowed by the presiding officer and amendments to applications
selected in a random selection process may be allowed by the FCC for
good cause shown. In such instances, a written petition demonstrating
good cause must be submitted and served upon the parties of record.
Sec. 22.123 Classification of filings as major or minor.
Applications and amendments to applications are classified as major
or minor. Categories of major and minor filings are listed in section
309 of the Communications Act of 1934, as amended (47 U.S.C. 309). In
general, a major filing is a request for an FCC action that has the
potential to affect parties other than the applicant. Filings are minor
if they are not classified as major.
(a) Ownership or control change. Filings are major if they specify
a substantial change in beneficial ownership or control (de jure or de
facto), unless such change is involuntary or if the filing merely
amends an application to reflect a change in ownership or control that
has already been approved by the FCC.
(b) Developmental. Applications are major if they request a
developmental authorization pursuant to Sec. 22.409, or a regular
authorization for facilities operating under a developmental
authorization.
(c) Renewal. Applications of renewal of authorizations are major.
(d) Environmental. Filings are major if they request authorization
for a facility that would have a significant environmental effect, as
defined by Secs. 1.1301 through 1.1319 of this chapter.
(e) Paging and Radiotelephone Service. In the Paging and
Radiotelephone Service, filings are major if they:
(1) Request an authorization that would establish for the filer a
new service area or fixed transmission path on a request channel;
(2) Request an authorization that would extend the service area of
an existing station to include area not served by station(s) authorized
to the filer on a requested channel;
(3) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a request channel;
(4) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing fixed transmitter authorized to the filer;
(5) Request an authorization that would relocate an existing fixed
transmitter;
(6) Amend a pending application to change a requested channel;
(7) Amend a pending application in a way that would extend the
service area of a station on a requested channel to include area that--
(i) Would not have been served by that station as previously
proposed in the application and--
(ii) Is not already served by the station on the requested channel;
(8) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as
previously proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel;
(9) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth
of a fixed transmitter;
(10) Amend a pending application to change the location of a fixed
transmitter from that previously proposed in the application; or,
(11) Amend a pending application for which pre-filing coordination
was required (see Sec. 22.150) to change the technical proposal
substantially from that which was coordinated with other users.
(f) Rural Radiotelephone Service. In the Rural Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new central office or subscriber
station;
(2) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a requested channel;
(3) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing transmitter authorized to the filer;
(4) Request an authorization that would relocate an existing
transmitter;
(5) Amend a pending application to change a requested channel;
(6) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as
previously proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel; or,
(7) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth
of a transmitter.
(g) Cellular Radiotelephone Service. In the Cellular Radiotelephone
Service, filings are major if they:
(1) Request an authorization to operate a new cellular system;
(2) Request an authorization for facilities that would expand the
cellular geographic service area (CGSA) of an existing cellular system,
except during the applicable five year build-out period, if any;
(3) Request an authorization for facilities that would produce a de
minimis service area boundary extension (see Sec. 22.911(c)(1));
(4) Request that a CGSA boundary or a portion of a CGSA boundary be
determined using an alternative method (see Sec. 22.911(b));
(5) Amend a pending application to change the requested channel
block; or,
(6) Amend a pending application by modifying the CGSA of the
proposed cellular system to include area that--
(i) Was not included in the CGSA as previously proposed in the
application and--
(ii) Is not included in the currently authorized CGSA, if any.
(h) Air-ground Radiotelephone. In the Air-ground Radiotelephone
Service, filings are major if they:
(l) Request an authorization for a new General Aviation ground
station or to relocate an existing General Aviation ground station;
(2) Request the first authorization for a new Commercial Aviation
ground station at a location other than those listed in Sec. 22.859;
(3) Request authorization to add a channel to or change a channel
of an existing General Aviation ground station; or,
(4) Amend a pending application to change the requested channel or
channel block.
(i) Offshore Radiotelephone. In the Offshore Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new offshore central or
subscriber station;
(2) Request authorization to add a channel to or change a channel
of an existing offshore central or subscriber station; or,
(3) Amend a pending application to change the technical proposal
substantially from that which was coordinated with other users prior to
filing.
(j) Clerical errors. Amendments are classified as minor if they
only correct typographical, transcription or similar clerical errors
that are clearly demonstrated (e.g. by reference to other parts of the
application) to be mistakes, and whose discovery and correction does
not change information previously listed in a Public Notice.
Sec. 22.124 Notification processing.
This section contains rules governing the processing of
notifications (filed on FCC Form 489) in the Public Mobile Services.
(a) File numbers. Notifications received by the FCC are assigned
file numbers. Assignment of a file number to a notification is for
administrative convenience and does not constitute a determination that
the notified action has been examined and not rejected by the FCC.
Assignment of a file number does not preclude the return of a
notification subsequently found to be defective.
(b) Defective notifications. A notification is defective if:
(1) It is unsigned or incomplete with respect to required answers
to questions, informational showings, or other matters of a formal
character;
(2) It notifies of an action that does not comply with one or more
of the FCC rules;
(3) It notifies of an action for which an application for
authorization is required;
(4) It is submitted without the required microfiche; or,
(5) It is untimely filed.
(c) Review. After a file number is assigned, each notification is
reviewed. The purpose of this review is to identify notifications that
are unacceptable (e.g. not signed, missing pages, improper or missing
fee payment). Notifications found to be unacceptable may be returned to
the licensee with a brief statement describing the deficiency. If a
notification is found to be unacceptable, the FCC may direct the
licensee to return the station to compliance with its previous license
terms. Acceptable notifications are added to the appropriate station
files.
Sec. 22.125 Application for special temporary authorizations.
In circumstances requiring immediate or temporary use of Public
Mobile Services stations, carriers may request special temporary
authority (STA) to operate new or modified equipment. Such requests may
be submitted as informal applications (see Sec. 22.105) and must
contain complete details about the proposed operation and the
circumstances that fully justify and necessitate the grant of STA. Such
requests should be filed in time to be received by the FCC at least 10
days prior to the date of proposed operation or, where an extension is
sought, 10 days prior to the expiration date of the existing STA.
Requests received less than 10 days prior to the desired date of
operation may be given expedited considerations only if compelling
reasons are given, in writing, for the delay in submitting the request.
Otherwise, such late-filed requests are considered in turn, but action
might not be taken prior to the desired date of operation. Requests for
STAs must be accompanied by the proper filing fee.
(a) Grant without Public Notice. STAs may be granted without being
listed in a Public Notice, or prior to 30 days after such listing, if:
(1) The STA is to be valid for 30 days or less and the applicant
does not plan to file an application for regular authorization of the
subject operation;
(2) The STA is to be valid for 60 days or less, pending the filing
of an application for regular authorization of the subject operation;
(3) The STA is to allow interim operation to facilitate completion
of authorized construction or to provide substantially the same service
as previously authorized; or
(4) The STA is made upon a finding that there are extraordinary
circumstances requiring operation in the public interest and that delay
in the institution of such service would seriously prejudice the public
interest.
(b) Limit on STA term. The FCC may grant STAs valid for a period
not to exceed 180 days under the provisions of Sec. 309(f) of the
Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if
extraordinary circumstances so require, and pending the filing of an
application for regular operation. The FCC may grant extensions of STAs
for a period of 180 days, but the applicant must show that
extraordinary circumstances warrant such an extension.
Sec. 22.127 Public notices.
Periodically, the FCC issues Public Notices listing major filings
and other information of public significance. Categories of Public
Notice listings are as follows:
(a) Accepted for filing. Acceptance for filing of applications and
major amendments thereto.
(b) Actions. FCC actions on pending applications previously listed
as accepted for filing.
(c) Informative listings. Information that the FCC, in its
discretion, believes to be of public significance. Such listings do not
create any rights to file oppositions or other pleadings.
Sec. 22.128 Dismissal of applications.
The FCC may dismiss any application for authorization, assignment
of authorization, or consent to transfer of control in the Public
Mobile Services, upon request by the applicant, or if the application
is untimely filed, or if the application is mutually exclusive with
another application that is selected or granted in accordance with the
rules in this part, or for failure to prosecute, or if the requested
spectrum is not available, or if the application is found to be
defective. Such dismissal may be ``without prejudice,'' meaning that
the FCC may accept from the applicant another application for the same
purpose at any later time, or ``with prejudice,'' meaning that the FCC
will not accept from the applicant another application for the same
purpose for a period of one year. Unless otherwise provided in this
part, a dismissed application will not be returned to the applicant.
(a) Dismissal at request of applicant. Any applicant may request
that its application be returned or dismissed. A request for the return
of an application after it has been listed on Public Notice as
tentatively accepted for filing is considered to be a request for
dismissal of that application without prejudice.
(1) If the applicant requests dismissal of its application with
prejudice, the FCC will dismiss that application with prejudice.
(2) If the applicant requests dismissal of its application without
prejudice, the FCC will dismiss that application without prejudice,
unless:
(i) It has been designated for comparative hearing;
(ii) It has been selected in a random selection process; or,
(iii) It is an application for which the applicant submitted the
winning bid in a competitive bidding process.
(3) If the applicant requests dismissal of its application for
which it submitted the winning bid in a competitive bidding process,
the FCC will dismiss that application with prejudice. If the applicant
requests dismissal of its application after that application has been
designated for comparative hearing or selected in a random selection
process, it may submit a written petition requesting that the dismissal
be without prejudice. Such petition must demonstrate good cause and
comply with Sec. 22.129 and be served upon all parties of record. The
FCC may grant such petition and dismiss the application without
prejudice or deny the petition and dismiss the application with
prejudice.
(b) Dismissal of mutually exclusive applications not granted. The
FCC may dismiss mutually exclusive applications:
(1) For which the applicant did not submit the winning bid in a
competitive bidding process;
(2) That are included in a random selection process but are not
granted; or,
(3) That receive comparative consideration in a hearing but are not
granted by order of the presiding officer.
(c) Dismissal for failure to prosecute. The FCC may dismiss
applications for failure of the applicant to prosecute or for failure
of the applicant to respond substantially within a specified time
period to official correspondence or requests for additional
information. Such dismissal will generally be without prejudice if the
failure to prosecute or respond occurred prior to designation of the
application for comparative hearing or prior to selection of the
application in a random selection process, but may be with prejudice in
cases of non-compliance with Sec. 22.129. Dismissal will generally be
with prejudice if the failure to prosecute or respond occurred after
designation of the application for comparative hearing or after
selection of the application in a random selection process. The FCC may
dismiss applications with prejudice for failure of the applicant to
comply with requirements related to a competitive bidding process.
(d) Dismissal as defective. The FCC may dismiss without prejudice
applications that it finds to be defective. Applications for
authorization or assignment of authorization are defective if:
(1) They are unsigned or incomplete with respect to required
answers to questions, informational showings, or other matters of a
formal character; or,
(2) They request an authorization that would not comply with one or
more of the FCC rules and do not contain a request for waiver of these
rule(s), or in the event that the FCC denies such a waiver request, do
not contain an alternative proposal that fully complies with the rules;
(e) Dismissal because spectrum not available. The FCC may dismiss
applications that request spectrum which is unavailable because:
(1) It is not allocated for assignment in the Public Mobile
Services (see Part 2 of this chapter);
(2) It was previously assigned to another licensee on an exclusive
basis or cannot be assigned to the applicant without causing
interference; or
(3) Reasonable efforts have been made to coordinate the proposed
facility with foreign administrations under applicable international
agreements, and an unfavorable response (harmful interference
anticipated) has been received.
(f) Dismissal as untimely. The FCC may dismiss without prejudice
applications that are prematurely or late filed, including applications
filed prior to the opening date or after the closing date of a filing
window, or after the cut-off date for a mutually exclusive application
filing group.
Sec. 22.129 Agreements to dismiss applications, amendments or
pleadings.
Parties that have filed an application in the Public Mobile
Services that is mutually exclusive with one or more other
applications, and then enter into an agreement to resolve the mutual
exclusivity by withdrawing or requesting dismissal of the application
or an amendment thereto, must obtain the approval of the FCC. Parties
that have filed or threatened to file a petition to deny, informal
objection or other pleading against a pending application in the Public
Mobile Services and then seek to withdraw or request dismissal of, or
refrain from filing, the petition, either unilaterally or in exchange
for a financial consideration, must obtain the approval of the FCC.
(a) The party withdrawing or requesting dismissal of its
application, petition to deny, informal objection or other pleading or
refraining from filing a pleading must submit to the FCC a request for
approval of the withdrawal or dismissal, a copy of any written
agreement related to the withdrawal or dismissal, and an affidavit
setting forth:
(1) A certification that neither the party nor its principals has
received or will receive any money or other consideration in excess of
the legitimate and prudent expenses incurred in preparing and
prosecuting the application, petition to deny, informal objection or
other pleading in exchange for the withdrawal or dismissal of the
application, petition to deny, informal objection or other pleading, or
threat to file a pleading, except that this provision does not apply to
dismissal or withdrawal of applications pursuant to bona fide merger
agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading or threat to file a pleading.
(b) In addition, within 5 days of the filing date of the
applicant's or petitioner's request for approval, each remaining party
to any written or oral agreement must submit an affidavit setting
forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application, petition to deny, informal
objection or other pleading; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading.
(c) No person shall make or receive any payments in exchange for
withdrawing a threat to file or refraining from filing a petition to
deny, informal objection, or any other pleading against an application.
For the purposes of this section, reimbursement by an applicant of the
legitimate and prudent expenses of a potential petitioner or objector,
incurred reasonably and directly in preparing to file a petition to
deny, will not be considered to be payment for refraining from filing a
petition to deny or an informal objection. Payments made directly to a
potential petitioner or objector, or a person related to a potential
petitioner or objector, to implement non-financial promises are
prohibited unless specifically approved by the FCC.
(d) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual, a partner having personal knowledge
of the facts, if a partnership, or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Applications, petitions to deny, informal objections and other
pleadings are deemed to be pending before the FCC from the time the
application or petition to deny is filed with the FCC until such time
as an order of the FCC granting, denying or dismissing the application,
petition to deny, informal objection or other pleading is no longer
subject to reconsideration by the FCC or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing,
prosecuting and/or settling its application, petition to deny, informal
objection or other pleading for which reimbursement is sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions
that confer any type of benefit on the recipient.
Sec. 22.130 Petitions to deny, responsive pleadings.
Petitions to deny any major filing may be filed by parties able to
demonstrate standing to file such petitions. Responsive pleadings to
such petitions may be filed in accordance with the provisions of this
section.
(a) Content and requirements. Petitions to deny and responsive
pleadings must:
(1) Clearly identify the pertinent major filing(s);
(2) Comply with all applicable requirements of Sec. 1.41 through
Sec. 1.52 of this chapter;
(3) Contain specific allegations of fact which, except for facts of
which official notice may be taken, are supported by affidavit of a
person or persons with personal knowledge thereof, and which are
sufficient to demonstrate that the petitioner (or respondent) is a
party in interest and that a grant or other FCC action regarding the
major filing would be inconsistent with the public interest;
(4) Be filed within 30 days after the date of the Public Notice
listing the major filing; and.
(5) Contain a certificate of service showing that a copy has been
mailed to the applicant no later than the date of filing with the FCC.
(b) Expansion. Petitions to deny a major amendment to an
application may raise only matters directly related to the major
amendment that could not have been raised in connection with the
application as originally filed. This paragraph does not apply to
petitioners who gain standing because of the major amendment.
(c) Dismissal. The FCC may, by letter, dismiss any petition to deny
a major filing if the petition does not comply with the requirements of
this section, if the issues raised become moot, or if the petitioner or
his/her attorney fails to appear at a settlement conference pursuant to
Sec. 22.135. The reason(s) for the dismissal are stated in the letter.
When a petition to deny is dismissed, any related responsive pleadings
are also dismissed.
Sec. 22.131 Mutually exclusive applications.
Two or more pending applications are mutually exclusive if the
grant of one application would effectively preclude the grant of one or
more of the others under the rules governing the Public Mobile service
involved.
(a) Procedures. Procedures for disposing of mutually exclusive
applications are prescribed in the subparts of this part governing the
individual Public Mobile Services and in part 1 of this chapter. The
FCC may first dismiss any applications that are untimely filed or
otherwise subject to dismissal under Sec. 22.128. If any remaining
applications continue to be mutually exclusive, the FCC may grant one
of the mutually exclusive applications and dismiss the rest pursuant to
Sec. 22.128. In selecting the application to grant, the FCC may use
competitive bidding, random selection processes or comparative
hearings, depending on the nature of the mutually exclusive
applications involved.
(b) Separate applications. Applicants that file an application,
knowing that it will be mutually exclusive with one or more
applications, should not include in the mutually exclusive application
a request for other channels of facilities that would not, by
themselves, render the application mutually exclusive with those other
applications. Instead, the request for such other channels or
facilities should be filed in a separate application.
Sec. 22.132 Grant of applications.
Applications for authorization may be granted thirty days after the
issuance date of a Public Notice listing an application or the latest
filed major amendment thereto as acceptable for filing.
(a) Criteria for grants. The FCC grants applications without a
hearing if, after examination of the application and consideration of
any petitions or other pleadings and of such other matters as it may
officially notice, the FCC finds that:
(1) A grant will serve the public interest, convenience, and
necessity;
(2) There are no substantial and material questions of fact
presented;
(3) The applicant is eligible and qualified under applicable FCC
regulations and policies;
(4) The application is acceptable for filing, and complies with the
FCC rules and other applicable requirements;
(5) The application has not been designated for a hearing after
being selected in a random selection process;
(6) There are no applications entitled to comparative consideration
with the application being granted; and
(7) Operation of the proposed station would not cause interference
to any authorized station(s).
(b) Grant of petitioned applications. The FCC may grant, without a
formal hearing, applications against which petitions to deny has been
filed. If any petition(s) to deny are pending (i.e. have not been
dismissed pursuant to Sec. 22.130(c) or withdrawn by the petitioner)
when an application is granted, the FCC denies the petition(s) and
issues a concise statement of the reason(s) for the denial, disposing
of all substantive issues raised in the petitions.
(c) Partial and conditional grants. The FCC may grant applications
in part, and/or subject to conditions other than those normally applied
to authorizations of the same type. When the FCC does this, it will
inform the applicant of the reasons therefor. Such partial or
conditional grants are final unless the FCC revises its action in
response to a petition for reconsideration. Such petitions for
reconsideration must be filed by the applicant within thirty days after
the date of the letter or order stating the reasons for the partial or
conditional grant, and must reject the partial or conditional grant and
return the instrument of authorization.
(d) Designation for hearing. The FCC may designate applications for
a hearing, specifying with particularity the matters in issue, if,
after consideration of the application, any petitions or other
pleadings, and other matters which it may officially notice, the FCC is
unable to make one or more of the findings listed in paragraph (a) of
this section. The FCC may grant, deny or take other action with respect
to applications designated for a hearing.
Sec. 22.135 Settlement conference.
Parties are encouraged to use alternative dispute resolution
procedures to settle disputes (see subpart E of part 1 of this
chapter). In any contested proceeding, the FCC, in its discretion, may
direct the parties or their attorneys to appear before it for a
conference.
(a) The purposes of such conferences are:
(1) To obtain admissions of fact or stipulations between the
parties as to any or all of the matters in controversy;
(2) To consider the necessity for or desirability of amendments to
the pleadings, or of additional pleadings or evidentiary submissions;
(3) To consider simplification or narrowing of the issues;
(4) To encourage settlement of the matters in controversy by
agreement between the parties; and
(5) To consider other matters that may aid in the resolution of the
contested proceeding.
(b) Conferences are scheduled by the FCC at a time and place it may
designate, to be conducted in person or by telephone conference call.
(c) The failure of any party or attorney, following reasonable
notice, to appear at a scheduled conference will be deemed a failure to
prosecute, subjecting that party's application or petition to dismissal
by the FCC pursuant to Sec. 22.128(c) or Sec. 22.130(c).
Sec. 22.137 Assignment of authorization; transfer of control.
Authorizations in the Public Mobile Services may be assigned by the
licensee to another party, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of a licensee holding such
authorizations, only upon approval by the FCC. The assignee is
responsible for ascertaining that the station facilities are and will
remain in compliance with the terms and conditions of the authorization
to be assigned.
(a) Application required. The assignor or transferor must file an
application for approval of assignment or transfer of control (FCC Form
490). In the case of involuntary assignment, such application must be
filed no later than 30 days after the event causing the assignment. The
assignee or transferee must file a report qualifying it as a common
carrier (FCC Form 430) unless a current report is already on file with
the FCC.
(b) Notification of completion. Assignments and transfers of
control must be completed within 60 days of FCC approval. The assignee
or transferee must notify the FCC by letter of the date of completion
of the assignment or transfer of control. If an assignment or transfer
of control is not completed within this time, the assignor or
transferor must so notify the FCC by letter, and the assignee or
transferee must submit the authorization(s) to the FCC for cancellation
or request an extension of time to complete the assignment or transfer
of control. If the assignment or transfer of control is not completed,
the authorization(s) remain with the assignor or transferor.
(c) Partial assignment of authorization. If the authorization for
some, but not all, of the facilities of a Public Mobile Services
station is assigned to another party, voluntarily or involuntarily,
such action is a partial assignment of authorization.
(1) To request FCC approval of a partial assignment of
authorization, the following must be filed in addition to the forms
required by paragraph (a) of this section:
(i) The assignor must notify the FCC (FCC Form 489) of the
facilities to be deleted from its authorization upon completion of the
assignment.
(ii) The assignee must apply for authority (FCC Form 401) to
operate a new station including the facilities for which authorization
is assigned, or to modify the assignee's existing station to include
the facilities for which authorization was assigned.
(2) Partial assignments must be completed within 60 days of FCC
approval. If an approved partial assignment is not completed within
this time, the assignor must notify the FCC (FCC Form 489), and the
assignee must submit the authorization(s) to the FCC for cancellation
or request an extension of time to complete the assignment. If the
assignment is not completed, the authorization(s) remain with the
assignor.
(d) Limitations. The FCC may deny applications for assignment of
authorization or consent to transfer of control if:
(1) The FCC is unable to make the findings contained in
Sec. 22.132(a) with respect to both parties to the assignment or
transfer;
(2) The authorization was obtained for the principal purpose of
speculation or profitable resale, rather than provision of common
carrier telecommunication services to the public; or,
(3) The authorization is for a commercial aviation system in the
Air-ground Radiotelephone Service or an unserved area cellular system
in the Cellular Radiotelephone Service and the system has not been
constructed or operated, or has been operated for less than one year.
(i) Licensees must not enter into agreements (e.g. option
agreements or management contracts) to assign authorizations before or
during the first year of operation, even if the assignment is to take
place after the first year of operation.
(ii) Notwithstanding the introductory texts of paragraphs (d) and
(d)(3) of this section, the FCC may grant applications for pro forma
assignments during the first year of operation.
Sec. 22.139 Trafficking.
Carriers must not obtain or attempt to obtain an authorization in
the Public Mobile services for the principal purpose of speculation or
profitable resale of the authorization, but rather for the provision of
common carrier telecommunication services to the public.
(a) Applications for approval of assignment of authorization may be
reviewed by the FCC to determine if the circumstances indicate
trafficking in Public Mobile services authorizations.
(b) The FCC may require submission of an affirmative, factual
showing, supported by affidavit of persons with personal knowledge
thereof, to demonstrate that the assignor did not acquire the
authorization for the principal purpose of speculation or profitable
resale of the authorization. This showing may include, for example, a
demonstration that the proposed assignment is due to changed
circumstances (described in detail) affecting the licensee after the
grant of the authorization, or that the proposed assignment is
incidental to a sale of other facilities or a merger of interests.
Sec. 22.142 Commencement of service; notification requirement.
Stations must begin providing service to subscribers no later than
the date of required commencement of service specified on the
authorization. If service to subscribers has not begun by the date of
required commencement of service, the authorization terminates, in
whole or in part, without action by the FCC, pursuant to Sec. 21.144.
Additional requirements for construction of facilities apply to
cellular systems (see Sec. 22.946) and commercial aviation air-ground
systems (see Sec. 22.873).
(a) Construction period. The period between the date of grant of an
authorization and the date of required commencement of service is
referred to as the construction period. The terms of construction
periods are given in the subparts of this part governing each Public
Mobile Service.
(b) Notification requirement. Licensees must notify the FCC (FCC
Form 489) of commencement of service to subscribers. The notification
must be mailed or delivered to the filing place (see Sec. 22.106) no
later than 15 days after service begins.
(1) The notification must state whether the station was constructed
exactly as authorized or with minor changes.
(2) If service to subscribers has begun using some, but not all, of
the authorized transmitters, the notification must show to which
specific transmitters it applies. Additional notifications must be
filed if and when other transmitters commence providing service to
subscribers. If the licensee no longer intends to construct and/or
operate the remaining authorized transmitters, the notification should
so state.
(3) This section does not require licensees to notify the FCC of
facilities added or modified pursuant to the provisions of Secs. 22.163
and 22.165. It applies only to facilities specifically listed in
authorizations for which a construction period is provided.
(c) Requests for extension. Before the date of required
commencement of service, licensees may file an application (FCC Form
401) requesting an extension of the construction period.
(1) The FCC may grant applications for extension of the
construction period if the licensee shows that failure to commence
providing service to subscribers is due to causes beyond its control.
(2) The FCC does not grant applications for extension of the
construction period if failure to commence providing service to
subscribers is due to delays caused by lack of financing, failure to
obtain an antenna site, or failure to order equipment in a timely
manner. If the licensee orders equipment within 90 days of
authorization grant, a presumption of diligence is created.
(3) The FCC does not grant applications for extension of the
construction period if the licensee fails to commence providing service
to subscribers because it intends to assign the authorization. The FCC
does not grant applications for extension of the construction period
solely to allow an assignee to complete facilities the assignor failed
to construct.
(d) Automatic extension for relocation. If, prior to the end of the
construction period, a licensee files an application (FCC Form 401) to
relocate a transmitter because of involuntary loss of the proposed site
or for other reasons due to causes beyond the licensee's control, the
construction period is automatically extended pending disposition of
that application.
(1) Extension of the construction period for one transmitter under
this paragraph does not extend the construction period for other
transmitter under the same authorization that are not to be relocated.
(2) The filing of applications for modifications other than
involuntary relocation does not automatically extend the construction
period.
Sec. 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services
prior to grant of their applications, subject to the provisions of this
section, but must not operate such facilities until the FCC grants an
authorization. If the conditions stated in this section are not met,
applicants must not begin to construct facilities in the Public Mobile
Services.
(a) When applicants may begin construction. An applicant may begin
construction of a facility 35 days after the date of the Public Notice
listing the application for that facility as acceptable for filing,
except that an applicant whose application to operate a new cellular
system was selected in a random selection process may begin
construction of that new cellular system 35 days after the date of the
Public Notice listing it as the tentative selectee.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an
application is pending, and so notifies the applicant, orally (followed
by written confirmation) or in writing, the applicant must not begin
construction or, if construction has begun, must stop construction
immediately.
(c) Assumption of risk. Applicants that begin construction pursuant
to this section before receiving an authorization do so at their own
risk and have no recourse against the United States for any losses
resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility
into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is
subject to the following conditions:
(1) The application is not mutually exclusive with any other
application, except for successful bidders and tentative selectees in
the Cellular Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one
or more FCC rules;
(4) For any construction or alteration that would exceed the
requirements of Sec. 17.7 of this chapter, the licensee has notified
the appropriate Regional Office of the Federal Aviation Administration
(FAA Form 7460-1), filed a request for antenna height clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
(5) The applicant has indicated in the application that the
proposed facility would not have a significant environmental effect, in
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this
part, individual coordination of the proposed channel assignment(s)
with a foreign administration is not required.
Sec. 22.144 Termination of authorizations.
Authorizations in the Public Mobile Services remain valid until
terminated in accordance with this section, except that the FCC may
revoke an authorization pursuant to section 312 of the Communications
Act of 1934, as amended (47 U.S.C. 312).
(a) Expiration. Authorizations automatically terminate, without
specific FCC action, on the expiration date specified therein, unless a
timely application for renewal is filed (see Sec. 22.145). No
authorization granted under the provisions of this part shall be for a
longer term than ten years. See 47 U.S.C. 307(c).
(b) Failure to commence providing service to subscribers.
Authorizations automatically terminate, in whole or in part, without
specific FCC action, on the date of required commencement of service,
if service to subscribers is not commenced by that date (see
Sec. 22.142), except as provided in paragraph (b)(1) of this section.
(1) Authorizations do not terminate while a timely filed
application for extension of the construction period is pending (see
Sec. 22.142(c)).
(2) If a timely filed application for extension of the construction
period is dismissed or denied, the authorization automatically
terminates, in whole or in part, without specific FCC action, on the
day after the applicant or the applicant's attorney is notified of the
FCC's action dismissing or denying the application for extension of the
construction period.
(c) Service discontinued. Authorizations automatically terminate,
without specific FCC action, if service is permanently discontinued as
provided in Sec. 22.317.
(d) STAs. Special Temporary Authorizations (STAs) automatically
terminate, without specific FCC action, at the end of the period
specified therein, except as provided in paragraph (d)(1) of this
section, or upon failure to comply with the terms and conditions
therein.
(1) STAs do not terminate while a timely filed request for an
extension of the STA term, in accordance with Sec. 22.125(b), is
pending.
(2) If a timely filed request for extension of the STA term is
dismissed or denied, the STA automatically terminates, without specific
FCC action, on the day after the applicant or the applicant's attorney
is notified of the FCC's action dismissing or denying the request for
extension.
(e) Cancellation. Authorizations submitted by licensees for
cancellation terminate when the FCC gives Public Notice of such action.
Sec. 22.145 Renewal application procedures.
Applications for renewal (FCC Form 405) of expiring authorizations
must be filed by the licensee prior to, but no earlier than 30 days
before, the expiration date of the authorization. A separate
application is required for each authorization (call sign). Competing
applications from parties wishing to challenge the renewal must be
filed during the same 30 day period. Additional renewal requirements
applicable only to specific Public Mobile Services are set forth in the
subparts governing those services.
Sec. 22.150 Standard pre-filing technical coordination procedure.
For operations on certain channels in the Public Mobile Services,
carriers must attempt to coordinate the proposed use of spectrum with
other spectrum users prior to filing an application for authority to
operate a station. Rules requiring this procedure for specific channels
and types of stations are contained in the subparts governing the
individual Public Mobile Services.
(a) Coordination comprises two steps--notification and response.
Each step may be accomplished orally or in writing.
(b) Notification must include relevant technical details of the
proposal. At minimum, this should include the following:
(1) Geographical coordinates of the antenna site(s).
(2) Transmitting and receiving channels to be added or changed.
(3) Transmitting power, emission type and polarization.
(4) Transmitting antenna pattern and maximum gain.
(5) Transmitting antenna height above ground level.
(c) Applicants and licensees receiving notification must respond
promptly, even if no channel usage conflicts are anticipated. If any
notified party fails to respond within 30 days, the applicant may file
the application without a response from that party.
(d) The 30-day period begins on the date of receipt of the
notification by the party being notified. If the notification is by
mail, this date may be ascertained by:
(1) The return receipt on certified mail,
(2) The enclosure of a card to be dated and returned by the party
being notified, or
(3) A reasonable estimate of the time required for the mail to
reach its destination. In this case, the date when the 30-day period
will expire must be stated in the notification.
(e) All channel usage conflicts discovered during the coordination
process should be resolved prior to filing of the application. If the
applicant is unable or unwilling to resolve a particular conflict, the
application may be accepted for filing if it contains a statement
describing the unresolved conflict and a brief explanation of the
reasons why a resolution was not achieved.
(f) If a number of changes in the technical parameters of a
proposed facility become necessary during the course of the
coordination process, an attempt should be made to minimize the number
of separate notifications. If the changes are incorporated into a
completely revised notice, the items that were changed from the
previous notice should be identified.
(g) In situations where subsequent changes are not numerous or
complex, the party receiving the changed notification should make an
effort to respond in less than 30 days. If the applicant believes a
shorter response time is reasonable and appropriate, it should so
indicate in the notice and suggest a response date.
(h) If a subsequent change in the technical parameters of a
proposed facility could not affect the facilities of one or more of the
parties that received an initial notification, the applicant is not
required to coordinate that change with these parties. However, these
parties must be advised of the change and of the opinion that
coordination is not required.
Sec. 22.157 Distance computation.
The method given in this section must be used to compute the
distance between any two locations, except that, for computation of
distance involving stations in Canada and Mexico, methods for distance
computation specified in the applicable international agreement, if
any, must be used instead. The method set forth in this paragraph is
considered to be sufficiently accurate for distances not exceeding 475
km (295 miles).
(a) Convert the latitudes and longitudes of each reference point
from degree-minute-second format to degree-decimal format by dividing
minutes by 60 and seconds by 3600, then adding the results to degrees.
TR17NO94.000
(b) Calculate the mean geodetic latitude between the two reference
points by averaging the two latitudes:
TR17NO94.001
(c) Calculate the number of kilometers per degree latitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
TR17NO94.002
(d) Calculate the number of kilometers per degree of longitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
TR17NO94.003
(e) Calculate the North-South distance in kilometers as follows:
TR17NO94.004
(f) Calculate the East-West distance in kilometers as follows:
TR17NO94.005
(g) Calculate the distance between the locations by taking the
square root of the sum of the squares of the East-West and North-South
distances:
TR17NO94.006
(h) Terms used in this section are defined as follows:
(1) LAT1dd and LON1dd are the coordinates of the first
location in degree-decimal format.
(2) LAT2dd and LON2dd are the coordinates of the second
location in degree-decimal format.
(3) ML is the mean geodetic latitude in degree-decimal format.
(4) KPDlat is the number of kilometers per degree of latitude
at a given mean geodetic latitude.
(5) KPDlon is the number of kilometers per degree of longitude
at a given mean geodetic latitude.
(6) NS is the North-South distance in kilometers.
(7) DIST is the distance between the two locations, in kilometers.
Sec. 22.159 Computation of average terrain elevation.
Average terrain elevation must be calculated by computer using
elevations from a 30 second point or better topographic data file. The
file must be identified. If a 30 second point data file is used, the
elevation data must be processed for intermediate points using
interpolation techniques; otherwise, the nearest point may be used. In
cases of dispute, average terrain elevation determinations can also be
done manually, if the results differ significantly from the computer
derived averages.
(a) Radial average terrain elevation is calculated as the average
of the elevation along a straight line path from 3 to 16 kilometers (2
and 10 miles) extending radially from the antenna site. If a portion of
the radial path extends over foreign territory or water, such portion
must not be included in the computation of average elevation unless the
radial path again passes over United States land between 16 and 134
kilometers (10 and 83 miles) away from the station. At least 50 evenly
spaced data points for each radial should be used in the computation.
(b) Average terrain elevation is the average of the eight radial
average terrain elevations (for the eight cardinal radials).
(c) For locations in Dade and Broward Counties, Florida, the method
prescribed above may be used or average terrain elevation may be
assumed to be 3 meters (10 feet).
Sec. 22.161 Application requirements for ASSB.
Applications for base stations employing amplitude compandored
single sideband modulation (ASSB) must contain the following
information:
(a) The application must describe fully the modulation
characteristics, emission and occupied bandwidth, and specify the
center frequency of the emission for each channel, carrier frequency,
and pilot channels, if any. The emission must fall completely within a
channel assignable for two-way operation in the Paging and
Radiotelephone Service, Rural Radiotelephone Service or Offshore
Radiotelephone Service.
(b) The application must contain interference studies between
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-
FM, or ASSB-to-ASSB in accordance with the following: For ASSB
stations, the transmitter nearest to the protected station must be
used. The effective radiated power in the direction of the protected
station must be the sum of the peak effective radiated power of all
transmitters in the group, in the direction of the protected station.
The antenna center of radiation height above average terrain must be
the highest antenna center of radiation height of any transmitter in
the group in the direction of the protected station. The channel of the
group is assumed to be the same as that of the protected station (co-
channel), and studies must be made in accordance with Sec. 22.567.
Sec. 22.163 Minor modifications to existing stations.
Licensees may make modifications to existing stations without
ob
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