Terrestrial Microwave Fixed Radio Services
Federal RegisterMay 28, 1996
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SUMMARY: The Commission has adopted a Report and Order to establish
regulations governing the Terrestrial Microwave Fixed Radio Services
and implement section 403(j) of the Telecommunications Act of 1996.
These amendments streamline the Commission's rules, expedite processing
of authorizations for the Terrestrial Microwave Fixed Radio Services,
and clarify rules concerning the Terrestrial Microwave Fixed Radio
Services.
EFFECTIVE DATE: These regulations are effective August 1, 1996.
FOR FURTHER INFORMATION CONTACT: Robert James of the Wireless
Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted February 8, 1996, and released February 29, 1996.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 239,
1919 M Street, NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street, NW., Suite 140, Washington, DC 20037.
Summary of Report and Order
1. In this action, the Commission created one comprehensive new
rule part for the microwave services and eliminated undue regulatory
burdens resulting in significant benefits for both the public and the
Commission. We reorganized and amended parts 21 and 94 of the rules to
establish a new part 101. We anticipate that the new consolidated part
101 will result in a number of major benefits. First, the public will
benefit from simplified and streamlined rules. Second, both the public
and the Commission will benefit from reduced regulatory burdens. Third,
the new rules will encourage more efficient use of microwave spectrum
by permitting more intensive use of microwave equipment. Fourth, common
technical standards for common carrier and private operational fixed
microwave equipment will lead to economics of scale in microwave
equipment production and lower equipment prices to licensees. The new
consolidated part 101 will eliminate arbitrary distinction and further
regulatory symmetry between common carrier and private operational
fixed microwave services.
2. Section 403(j) of the 1996 Telecommunications Act amends section
309(b) of the Communications Act by removing the requirement that the
Commission delay granting an application for a private fixed point-to-
point microwave station until thirty days after the Commission issues a
public notice announcing that it has accepted the application for
filing. This Report and Order deletes Sec. 1.962(a) of its rules, 47
CFR 1.962(a), to reflect this statutory change.
3. These new rules reflect a comprehensive restructuring in the
regulatory requirements and policies of the fixed microwave services.
The streamlined and simplified rules, reduce regulatory burdens,
encourage more efficient use of the microwave spectrum, and foster
economies of scale in microwave equipment production. These rules will
allow licensees to compete more on price and quality of service rather
than on regulatory gamesmanship.
4. The rules are set forth below.
5. This Report and Order is issued under the authority of sections
4(i) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i) and 303(r).
6. Need and purpose of this action. This Report and Order
simplifies the rules for the common carrier and private operational
fixed services, currently contained respectively in parts 21 and 94 of
the Commission's rules, and consolidates those rules into a new part
101. These new rules eliminate unnecessary information collection
requirements, eliminate redundancy, remove obsolete language, and
promote the public interest.
7. Summary of issues raised by the public. Several commenters
suggested modifications to some of the Commission's proposals. As a
result of these comments, we have made modifications to the proposed
rules as appropriate. The specific suggestions and modifications are
discussed in the paragraphs above.
8. Significant alternatives considered. The Notices of Proposed
Rule Making in the two subject proceedings offered numerous proposals.
The commenters overwhelmingly supported the majority of the proposed
rule changes. Several commenters suggested modifications to some of the
Commission's proposals. Many of the suggested modifications are
incorporated in the final rules. The regulatory burdens which we have
retained are necessary to fulfill our duties under the Communications
Act of 1934, as amended. We will continue to examine alternatives in
the future with the objective of eliminating unnecessary regulations
and minimizing economic impact on small business entities.
List of Subjects
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 2
Communications equipment.
47 CFR Part 21
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 94
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Parts 1, 2, 21 and 94 of Chapter I of Title 47 of the Code of
Federal Regulations are amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 303, and 303(j) unless otherwise
noted.
2. Section 1.77 is amended by adding a new paragraph (i) to read as
follows:
Sec. 1.77 Detailed application procedures; cross references.
* * * * *
(i) Rules governing applications for authorizations in the Common
Carrier and Private Radio terrestrial microwave services are set out in
part 101 of this chapter.
3. Section 1.741 is revised to read as follows:
Sec. 1.741 Scope.
The general rules relating to applications contained in Secs. 1.742
through 1.748 apply to all applications filed by carriers except those
filed by public correspondence radio stations
[[Page 26671]]
pursuant to parts 80, 87, and 101 of this chapter, and those filed by
common carriers pursuant to part 25 of this chapter. Parts 21 and 101
of this chapter contain general rules applicable to applications filed
pursuant to these parts. For general rules applicable to applications
filed pursuant to parts 80 and 87 of this chapter, see such parts and
subpart F of this part. For rules applicable to applications filed
pursuant to part 25, see said part.
4. Section 1.761 is revised to read as follows:
Sec. 1.761 Cross reference.
Specific types of applications under Title III of the
Communications Act involving public correspondence radio stations are
specified in parts 23, 80, 87, and 101 of this chapter.
5. Section 1.825 is amended by revising paragraph (b) to read as
follows:
Sec. 1.825 Random selection procedures for Digital Electronic Message
Service.
* * * * *
(b) Petitions to deny applications for digital electronic message
service authorizations, and responsive pleadings, shall be filed prior
to conducting the random selection, pursuant to the requirements of
Sec. 101.43 of this chapter. Following the random selection, petitions
against tentative selectee's applications shall be resolved by the
Commission.
6. Section 1.901 is revised to read as follows:
Sec. 1.901 Scope.
In the case of any conflict between the rules set forth in this
subpart and the rules set forth in part 13 of this chapter or the rules
set forth for specific services in parts 80 through 101 of this
chapter, the rules in this subpart shall govern.
7. Section 1.924 is amended by revising paragraph (b)(2)(ii) to
read as follows:
Sec. 1.924 Assignment or transfer of control, voluntary and
involuntary.
* * * * *
(b)(1) * * *
(2) * * *
(ii) FCC Form 402. For assignment of station authorizations in the
Private Operational Fixed Microwave Service (part 101 of this chapter).
Attached thereto shall be an executed Form 1046 or a signed letter from
proposed assignor stating the assignor's desire to assign the current
authorization in accordance with the rules governing the particular
service involved.
* * * * *
8. Section 1.926 is amended by revising paragraph (a)(6) to read as
follows:
Sec. 1.926 Application for renewal of license.
(a) * * *
(6) Renewal of station authorizations in the Private Operational
Fixed Microwave Service (part 101 of this chapter) shall be submitted
on such form as the Commission may designate by the public notice in
accordance with the provisions of Sec. 101.13 of this chapter.
* * * * *
Sec. 1.962 [Amended]
9. Section 1.962 is amended by removing paragraph (a)(1) and
redesignating paragraphs (a)(2) through paragraphs (a)(7) as paragraphs
(a)(1) through (a)(6) respectively.
10. Section 1.972 is amended by revising paragraphs (a)(1) and (c)
to read as follows:
Sec. 1.972 Grants by random selection.
(a) * * *
(1) For stations in the following Private Radio Services:
Part 80--Stations in the Maritime Services
Part 87--Aviation Services
Part 90--Private Land Mobile Services
Part 95--Subpart F--Personal Radio Services
Part 101--Subpart H--Private Operational Fixed Point-to-Point
Microwave Service.
* * * * *
(c) If there are mutually exclusive applications for an initial
license for stations subject to part 80 or part 87 of this chapter, or
if there are more applications for an initial license in part 90, part
95-subpart F, or part 101- subpart H of this chapter, than can be
accommodated on available frequencies, the Commission may process the
applications pursuant to a system of random selection. Each such random
selection shall be conducted pursuant to an order issued by the
Wireless Telecommunications Bureau and under the direction of the Chief
of the Bureau.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307,
unless otherwise noted.
2. Section 2.995 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 2.995 Measurements required: Frequency stability.
(a) * * *
(2) From -20 deg. to +50 deg. centigrade for equipment to be
licensed for use in the Maritime Services under part 80 of this
chapter, except Class A, B, and S Emergency Position Indicating
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952
MHz at operational fixed stations in all services, stations in the
Local Television Transmission Service and Point-to-Point Microwave
Radio Service under part 101 of this chapter, and equipment licensed
for use aboard aircraft in the Aviation Services under part 87 of this
chapter.
* * * * *
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
314, 403, 404, 410, 602; 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.2 is revised to read as follows:
Sec. 21.2 Definitions.
As used in this part:
Antenna power gain. The square of the ratio of the root-mean-square
free space field intensity produced at one mile in the horizontal
plane, in millivolts per meter for one kilowatt antenna input power to
137.6 mV/m. This ratio should be expressed in decibels (dB). (If
specified for a particular direction, antenna power gain is based on
the field strength in that direction only.)
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structures. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The centre of the frequency band assigned to a
station.
Authorized bandwidth. The maximum width of the band of frequencies
permitted to be used by a station. This is normally considered to be
the necessary or occupied bandwidth, whichever is greater.
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Bandwidth occupied by an emission. The band of frequencies
comprising 99
[[Page 26672]]
percent of the total radiated power extended to include any discrete
frequency on which the power is at least 0.25 percent of the total
radiated power.
Basic Trading Area (BTA). The geographic areas by which the
Multipoint Distribution Service is licensed. BTA boundaries are based
on the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd
Edition, pp. 36-39, and include six additional BTA-like areas as
specified in Sec. 21.924(b).
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
BTA authorization holder. The individual or entity authorized by
the Commission to provide Multipoint Distribution Service to the
population of a BTA.
BTA service area. The area within the boundaries of a BTA to which
a BTA authorization holder may provide Multipoint Distribution Service.
This area excludes the protected service areas of incumbent MDS
stations and previously proposed and authorized ITFS facilities,
including registered receive sites.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. A control point is an operating position at which an
operator responsible for the operation of the transmitter is stationed
and which is under the control and supervision of the licensee.
Control station. A fixed station whose transmissions are used to
control automatically the emissions or operations of another radio
station at a specified location, or to transmit automatically to an
alarm center telemetering information relative to the operation of such
station.
Coordination distance. For the purpose of this part, the expression
``coordination distance'' means the distance from an earth station,
within which there is a possibility of the use of a given transmitting
frequency at this earth station causing harmful interference to
stations in the fixed or mobile service, sharing the same band, or of
the use of a given frequency for reception at this earth station
receiving harmful interference from such stations in the fixed or
mobile service.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g. one
consisting of coded pulses or states.
Domestic fixed public service. A fixed service, the stations of
which are open to public correspondence, for radiocommunications
originating and terminating solely at points all of which lie within:
(a) The State of Alaska;
(b) The State of Hawaii;
(c) The contiguous 48 States and the District of Columbia; or
(d) A single possession of the United States. Generally, in cases
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District
of Columbia) and Canada or Mexico, or radiocommunications between the
State of Alaska and Canada, are deemed to be in the domestic fixed
public service.
Domestic public radio services. The land mobile and domestic fixed
public services the stations which are open to public correspondence.
Note: Part 80 of this chapter is applicable to the maritime
services and fixed stations associated with the maritime services;
part 87 of this chapter is applicable to aeronautical services.
Earth station. A station located either on the earth's surface or
within the major portion of the earth's atmosphere and intended for
communications:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna. This product may be expressed in
watts or dB above 1 watt (dBW).
Facsimile. A form of telegraphy for the transmission of fixed
images, with or without half-tones, with a view to their reproduction
in a permanent form.
Fixed earth station. An earth station intended to be used at a
specified fixed point.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
centre frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency. The frequency tolerance is expressed as a
percentage or in Hertz.
Harmful interference. Interference which endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radiocommunication
service.
Incumbent. An MDS station that was authorized or proposed before
September 15, 1995, including those stations that are subsequently
modified, renewed or reinstated.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Multichannel multipoint distribution service. Those multipoint
distribution service channels that use the frequency band 2596 MHz to
2644 MHz and associated response channels.
Multipoint distribution service. A one-way domestic public radio
service rendered on microwave frequencies from a fixed station
transmitting (usually in an omnidirectional pattern) to multiple
receiving facilities located at fixed points.
Multipoint distribution service response station. A fixed station
operated at an MDS receive location to provide communications with the
associated station in the Multipoint Distribution Service.
Necessary bandwidth of emission. For a given class of emission, the
width of the frequency band that is just sufficient to ensure the
transmission of information at the rate and with the quality required
under specified conditions.
Note: The necessary bandwidth for an emission may be calculated
using the formulas in Sec. 2.202 of this chapter.
Partitioned service area authorization holder. The individual or
entity authorized by the Commission to
[[Page 26673]]
provide Multipoint Distribution Service to the population of a
partitioned service area.
Partitioned service area (PSA). The area within the coterminous
boundaries of one of more counties or other geopolitical subdivisions,
drawn from a BTA, to which an authorization holder may provide
Multipoint Distribution Service or the area remaining in a BTA upon
partitioning any portion of that BTA. This area excludes the protected
service areas of incumbent MDS stations and previously proposed and
authorized ITFS stations, including registered receive sites.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Public correspondence. Any telecommunication which the offices and
stations, by reason of their being at the disposal of the public, must
accept for transmission.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The term ``rated power output'' of a
transmitter means the normal radio frequency power output capability
(Peak or Average Power) of a transmitter, under optimum conditions of
adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the center of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more
stations and directed to a specified receiver site.
Signal booster station. A low-power repeater station automatically
retransmitting on the same frequency as the received signal, and
located within the protected service area of a Multipoint Distribution
Service station.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Television STL station (studio transmitter link). A fixed station
used for the transmission of television program material and related
communications from a studio to the transmitter of a television
broadcast station.
Sec. 21.3 [Amended]
3. Section 21.3 is amended by removing paragraph (b), and
redesignating paragraph (c) as paragraph (b).
4. Section 21.6 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 21.6 Filing of applications, fees, and numbers of copies.
* * * * *
(b) Applications requiring fees as set forth in part 1, subpart G
of this chapter must be filed in accordance with Sec. 0.401(b) of this
chapter. Applications not requiring fees shall be submitted to: Federal
Communications Commission, Washington, DC 20554.
(c) All correspondence or amendments concerning a submitted
application shall clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved. All correspondence or
amendments concerning a submitted application may be sent directly to
the Mass Media Bureau.
* * * * *
5. Section 21.13 is amended by removing paragraph (f),
redesignating paragraph (g) as paragraph (f), and revising paragraphs
(a)(6) and (b) to read as follows:
Sec. 21.13 General application requirements.
(a) * * *
(6) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
* * * * *
6. Section 21.15 is amended by revising the introductory text, and
paragraphs (c), (d), and (g) to read as follows:
Sec. 21.15 Technical content of applications.
Applications shall contain all technical information required by
the application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F and K as appropriate). The following
paragraphs describe a number of technical requirements.
* * * * *
(c) Each application involving a new or modified transmitting
antenna supporting structure, passive facility, or the addition or
removal of a transmitting antenna, or the repositioning of an
authorized antenna for a station must be accompanied by a vertical
profile sketch of the total structure depicting its structural nature
and clearly indicating the ground elevation (above sea level) at the
structure site, the overall height of the structure above ground
(including obstruction lights when required, lightning rods, etc.) and,
if mounted on a building, its overall height above the building. The
proposed antenna on the structure must be clearly identified and its
height above-ground (measured to the center of radiation) clearly
indicated. Alternatively, applicants in the Multipoint Distribution
Service who filed applications on or after September 15, 1995, may
provide this information in the MDS long-form application.
(d) Each application proposing a new or modified antenna structure
for a station (including a passive repeater or signal booster station)
so as to change its overall height shall indicate whether any necessary
notification of the FAA has been made. Complete information as to rules
concerning the construction, marking and lighting of antenna structures
is contained in part 17 of this chapter. See also Sec. 21.111 if the
structure is used by more than one station.
* * * * *
(g) Applications in the Multipoint Distribution Service filed
before September 15, 1995, proposing a new or replacement antenna
(excluding omni-directional antennas) shall include an antenna
radiation pattern showing the antenna power gain distribution in the
[[Page 26674]]
horizontal plane expressed in decibels, unless such pattern is known to
be on file with the Commission in which case the applicant may
reference in its application the FCC-ID number that indicates that the
pattern is on file with the Commission. Multipoint Distribution Service
applicants who filed applications on or after September 15, 1995 must
provide related information in completing an MDS long-form application.
* * * * *
7. Section 21.20 is amended by revising paragraph (b)(5) to read as
follows:
Sec. 21.20 Defective applications.
* * * * *
(b) * * *
(5) The application does not certify the availability of the
proposed station site.
* * * * *
8. Section 21.23 is amended by removing paragraphs (c)(1) and (d),
redesignating (c)(2) through (c)(7) as paragraphs (c)(1) through
(c)(6), redesignating paragraphs (e) through (g) as paragraphs (d)
through (f), and revising the newly redesignated paragraphs (c)(1)
introductory text, and (d)(1) to read as follows:
Sec. 21.23 Amendment of applications.
* * * * *
(c) * * *
(1) If in the Multipoint Distribution Service, the amendment
results in a substantial modification of the engineering proposal such
as (but not necessarily limited to):
* * * * *
(d) * * *
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 21.902;
* * * * *
Sec. 21.27 [Amended]
9. Section 21.27 is amended by removing paragraph (d).
Sec. 21.31 [Amended]
10. Section 21.31 is amended by removing paragraph (f).
Sec. 21.33 [Amended]
11. Section 21.33 is amended by removing paragraph (a), and
redesignating paragraphs (b) through (d) as paragraphs (a) through (c)
respectively.
12. Section 21.39 is amended by revising paragraph (d)(3) to read
as follows:
Sec. 21.39 Considerations involving transfer or assignment
applications.
* * * * *
(d) * * *
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (c) (1) and (2) of this section) if
the transaction involves two or more stations. (The median date is that
date so selected such that fifty percent of the commencement dates of
the total number of stations, when arranged in chronological order, lie
below it and fifty percent lie above it. When the number of stations is
an even number, the median date will be a value half way between the
two dates closest to the theoretical median).
13. Section 21.41 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 21.41 Special processing of applications for minor facility
modifications.
* * * * *
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Multipoint Distribution Service;
(2) The cumulative effect of all such applications made within any
60 days period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section;
(6) Frequency notification procedures are complied with and a copy
of the application has been served on those who also were served under
Sec. 21.902; and
(7) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density that exceeds -73 dBW/m\2\,
pursuant to Secs. 21.902 and 21.939 at locations on the boundaries of
protected service areas to which there is an unobstructed signal path.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In the Multipoint Distribution Service, any increase in EIRP is
one and one-half dB or less over the previously-authorized power value;
or
(ii) The necessary bandwidth is not increased by more than 10% of
the previously authorized necessary bandwidth.
(2) Changes in the height of an antenna, provided that:
(i) In Multipoint Distribution Service, any increase in antenna
height is less than 3.0 meters above the previously authorized height;
and
(ii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters or less (above ground or man-made structure, as
appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station by
ten seconds or less of latitude, longitude or both, provided that when
notice to the FAA of proposed construction is required by part 17 of
this chapter for antenna structure at the previously authorized
coordinates (or will be required at the new location) the applicant
must comply with the provisions of Sec. 21.15(d).
* * * * *
14. Section 21.42 is amended by removing paragraph (c)(7),
redesignating paragraph (c)(8) as paragraph (c)(7), and revising
paragraphs (a), (b)(1), (b)(4), and (c)(3) to read as follows:
Sec. 21.42 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if:
(1) The replacement equipment is identical (i.e., same manufacturer
and model number) with the replacement equipment; or
(2) The replacement transmitter, transmitting antenna, transmission
line loss and/or devices between the transmitter and antenna, or
combinations of the above, do not change the EIRP of a station in any
direction.
(b) Licensees of fixed stations in the Multipoint Distribution
Service may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) The Multipoint Distribution Service licensee serves a copy of
the notification described in paragraph (b)(3) of this section on those
who were served under Sec. 21.902, and
* * * * *
(4) In the Multipoint Distribution Service, the modified facility
would not produce a power flux density at the protected service area
boundary that
[[Page 26675]]
exceeds -73 dBW/m\2\, pursuant to Secs. 21.902 and 21.939.
(c) * * *
(3) Change to an antenna when the new antenna conforms with
Sec. 21.906 and the EIRP resulting from the new antenna does not exceed
that resulting from the previously authorized antenna by more than one
dB in any direction.
* * * * *
15. Section 21.43 is amended by revising paragraph (a) to read as
follows:
Sec. 21.43 Period of construction; certification of completion of
construction.
(a) Except for Multipoint Distribution Service station licenses
granted to BTA and PSA authorization holders, each license for a radio
station for the services included in this part shall specify as a
condition therein the period during which construction of facilities
will be completed and the station made ready for operation.
Construction may not commence until the grant of a license, and must be
completed by the date specified in the license as the termination date
of the construction period. Except as may be limited by Sec. 21.45(b)
or otherwise determined by the Commission for any particular
application, the maximum construction period for all stations licensed
under this part shall be a maximum of 12 months from the date of the
license grant.
* * * * *
16. Section 21.45 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 21.45 License period.
(a)(1) Licenses for stations in the Multipoint Distribution Service
will be issued for a period not to exceed 10 years, except that
licenses for developmental stations will be issued for a period not to
exceed one year. The expiration date of developmental licenses shall be
one year from the date of the grant thereof. Unless otherwise specified
by the Commission, the expiration of regular licenses shall be on the
following date in the year of expiration.
Multipoint Distribution Service--May 1.
(2) When a license is granted subsequent to the last renewal date
of the class of license involved, the license shall be issued only for
the unexpired period of the current license term of such class.
* * * * *
(c) Upon the expiration or termination of any station license, any
related conditional authorization, which bears a later expiration date,
shall be automatically terminated concurrently with the related station
license, unless it shall have been determined by the Commission that
the public interest, convenience or necessity would be served by
continuing in effect said conditional authorization.
17. Section 21.100 is revised to read as follows:
Sec. 21.100 Frequencies.
The frequencies available for use in the service covered by this
part are listed in subpart K. Assignment of frequencies will be made
only in such a manner as to facilitate the rendition of communication
service on an interference-free basis in each service area. Unless
otherwise indicated, each frequency available for use by stations in
this service will be assigned exclusively to a single applicant in any
service area. All applicants for, and licensees of, stations in this
service shall cooperate in the selection and use of the frequencies
assigned in order to minimize interference and thereby obtain the most
effective use of the authorized facilities. In the event harmful
interference occurs or appears likely to occur between two or more
radio systems and such interference cannot be resolved between the
licensees thereof, the Commission may, after notice and opportunity for
hearing, require the licensees to make such changes in operating
techniques or equipment as it may deem necessary to avoid such
interference.
18. Section 21.101 is amended by removing paragraph (b),
redesignating paragraph (c) as paragraph (b), and revising paragraph
(a) to read as follows:
Sec. 21.101 Frequency tolerance.
(a) The carrier frequency of each transmitter authorized in these
services shall be maintained within the following percentage of the
reference frequency except as otherwise provided in paragraph (b) of
this section or in the applicable subpart of this part (unless
otherwise specified in the instrument of station authorization the
reference frequency shall be deemed to be the assigned frequency):
------------------------------------------------------------------------
Frequency
tolerance
Frequency range (MHz) for fixed
stations
(percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\..................................... 0.001
2,596 to 2,680 \2\......................................... 0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
equipment pursuant to Secs. 2.803 and 2.805 of this chapter and the
issuance of all authorizations for new radio equipment. Until that
date new equipment may be authorized with a frequency tolerance of
0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
so authorized may continue to be used for its life provided that it
does not cause interference to the operation of any other licensee.
Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
to June 23, 1969, at a tolerance of 0.05 percent may continue to be
used until February 1, 1976 provided it does not cause interference to
the operation of any other licensee.
\2\ Beginning November 1, 1991, equipment authorized to be operated in
the frequency bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 MHz, 2662-
2668 MHz, and 2674-2680 MHz for use in the Multipoint Distribution
Service shall maintain a frequency tolerance within +1 KHz of the
assigned frequency.
* * * * *
Sec. 21.106 [Amended]
19. Section 21.106 is amended by removing paragraphs (a)(2)(ii),
(a)(3), and (a)(4) and redesignating paragraph (a)(2)(iii) as paragraph
(a)(2)(ii).
20. Section 21.107 is amended by removing paragraph (c) and
revising paragraph (b) to read as follows:
Sec. 21.107 Transmitter power.
* * * * *
(b) The EIRP of a transmitter station employed in this radio
service shall not exceed the values shown in the following tabulation:
------------------------------------------------------------------------
Maximum
allowable
EIRP for a
Frequency range (MHz) fixed
station
(Watts)
------------------------------------------------------------------------
2,150 to 2,162............................................. \1\ 2000
2,596 to 2,680............................................. \1\ 2000
------------------------------------------------------------------------
\1\ When a Multipoint Distribution Service station uses a non-
omnidirectional antenna EIRP up to 7943 Watts may be authorized
pursuant to Sec. 21.904(b) of this Part.
Sec. 21.108 [Removed and reserved]
21. Section 21.108 is removed and reserved.
22. Section 21.109 is amended by revising paragraph (b) to read as
follows:
Sec. 21.109 Antenna and antenna structures.
* * * * *
(b) The Commission may require the replacement, at the licensee's
expense, of any antenna system of a permanent fixed station operating
at 2500 MHz or higher upon a showing that said
[[Page 26676]]
antenna causes or is likely to cause interference to any other
authorized or proposed station.
Sec. 21.114 [Removed and reserved]
23. Section 21.114 is removed and reserved.
Sec. 21.119 [Removed and reserved]
24. Section 21.119 is removed and reserved.
25. Section 21.120 is amended by removing paragraphs (d) and (e),
and revising paragraph (a) to read as follows:
Sec. 21.120 Authorization of transmitters.
(a) Except for transmitters used at developmental stations, each
transmitter shall be a type which has been type accepted by the
Commission for use under the applicable rules of this part.
* * * * *
26. Section 21.122 is amended by revising paragraph (a) and
removing paragraphs (d) and (e), to read as follows:
Sec. 21.122 Microwave digital modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 15 GHz shall, with appropriate multiplex equipment,
comply with the following additional requirement: The bit rate, in bits
per second, shall be equal to or greater than the bandwidth specified
by the emission designator in Hertz (e.g., to be acceptable, equipment
transmitting at a 6 Mb/s rate must not require a bandwidth of greater
than 6 MHz), except the bandwidth used to calculate the minimum rate
shall not include any authorized guard band.
* * * * *
Secs. 21.212-21.214 [Removed]
27. Sections 21.212 through 21.214 are removed.
28. Section 21.303 is amended by revising paragraphs (a), (b), (c)
and (d)(1) to read as follows:
Sec. 21.303 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station
subject to this rule part is involuntarily discontinued, reduced or
impaired for a period exceeding 48 hours, the station licensee shall
promptly give notification thereof in writing to the Mass Media Bureau
at Washington, DC 20554. In every such case, the licensee shall furnish
full particulars as to the reasons for such discontinuance, reduction
or impairment of service, including a statement as to when normal
service is expected to be resumed. When normal service is resumed,
prompt notification thereof shall be given in writing to the Mass Media
Bureau at Washington, DC 20554.
(b) No station licensee subject to title II of the Communications
Act of 1934, as amended, shall voluntarily discontinue, reduce or
impair public communication service to a community or part of a
community without obtaining prior authorization from the Commission
pursuant to the procedures set forth in part 63 of this chapter or
complying with the requirements set forth at Sec. 21.910. In the event
that permanent discontinuance of service is authorized by the
Commission, the station licensee shall promptly send the station
license for cancellation to the Mass Media Bureau at Washington, DC
20554, except that station licenses need not be surrendered for
cancellation if the discontinuance is a result of a change of status by
a Multipoint Distribution Service licensee from common carrier to non-
common carrier pursuant to Sec. 21.910.
(c) Any station licensee, not subject to title II of the
Communications Act of 1934, as amended, who voluntarily discontinues,
reduces or impairs public communication service to a community or a
part of a community shall give written notification to the Commission
within 7 days thereof. In the event of permanent discontinuance of
service, the station licensee shall promptly send the station license
for cancellation to the Mass Media Bureau at Washington, DC 20554,
except that Multipoint Distribution Service station licenses need not
be surrendered for cancellation if the discontinuance is a result of a
change of status by a Multipoint Distribution Service licensee from
non-common carrier to common carrier.
(d) * * *
(1) Submit for cancellation the station license (or licenses) to
the Commission at Washington, DC 20554.
* * * * *
Secs. 21.500-21.512 (Subpart G) [Removed and reserved]
29. Subpart G of part 21 (21.500 through 21.512) is removed and
reserved.
Secs. 21.700-21.713 (Subpart I) [Removed and reserved]
30. Subpart I of part 21 (21.700 through 21.713) is removed and
reserved.
Secs. 21.800-21.809 (Subpart J) [Removed and reserved]
31. Subpart J of part 21 (21.800 through 21.809) is removed and
reserved.
32. Section 21.901 is amended by revising paragraph (e) to read as
follows:
Sec. 21.901 Frequencies.
* * * * *
(e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz are available for assignment to fixed stations in this
service for a point-to-point return link from a subscriber's location.
Assignments in the 18 GHz band for these return links will be made in
accordance with the provisions of subpart I of part 101 of this
chapter.
* * * * *
33. Section 21.902 is amended by revising paragraph (c)(1)(ii) to
read as follows:
Sec. 21.902 Frequency interference.
* * * * *
(c) * * *
(1) * * *
(ii) if the great circle path between the applicant's proposed
transmitter and the protected service area of any authorized, or
previously-proposed, cochannel or adjacent-channel station(s) is within
241.4 kilometers or less and 90 percent or more of the path is over
water or within 16.1 kilometers of the coast or shoreline of the
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great
Lakes, or any bay associated with any of the above (see Secs. 21.901(a)
and 74.902 of this chapter);
* * * * *
34. Section 21.903 is amended by revising paragraph (a) to read as
follows:
Sec. 21.903 Purpose and permissible service.
(a) Multipoint Distribution Service stations are generally intended
to provide one-way radio transmission (usually in an omnidirectional
pattern) from a stationary transmitter to multiple receiving facilities
located at fixed points. When service is provided on a common carrier
basis, subscriber supplied information is transmitted to points
designated by the subscriber. When service is provided on a non-common
carrier basis, transmissions may include information originated by
persons other than the licensee, licensee- manipulated information
supplied by other persons, or information originated by the licensee.
Point-to-point radio return links from a subscriber's location to a MDS
operator's facilities may be authorized in the 18,580 through 18,820
MHz and 18,920 through 19,160 MHz bands. Rules governing such operation
are contained in subpart I of part 101 of this chapter, the Point-to-
Point Microwave Radio Service.
* * * * *
[[Page 26677]]
PART 94--[REMOVED AND RESERVED]
35. Part 94 is removed and reserved.
36. Part 101 is added to read as follows:
PART 101--FIXED MICROWAVE SERVICES
Subpart A--General
Sec.
101.1 Scope and authority.
101.3 Definitions.
Subpart B--Applications and Licenses
General Filing Requirements
101.4 Transition plan.
101.5 Station authorization required.
101.7 Eligibility for station license.
101.9 Formal and informal applications.
101.11 Filing of applications, fees, and number of copies.
101.13 Application forms and requirements for private operational
fixed stations.
101.15 Application forms for common carrier fixed stations.
101.17 [Reserved]
101.19 General application requirements.
101.21 Technical content of applications.
101.23 Waiver of rules.
101.25 Inconsistent or conflicting applications.
101.27 Repetitious applications.
101.29 Amendment of pending applications.
101.31 Special temporary, temporary, and conditional
authorizations.
101.33 Who may sign applications.
Processing of Applications
101.35 Preliminary processing of applications.
101.37 Public notice period.
101.39 Dismissal and return of applications.
101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.
101.43 Opposition to applications.
101.45 Mutually exclusive applications.
101.47 Consideration of applications.
101.49 Grants by random selection.
101.51 Comparative evaluation of mutually exclusive applications.
License Transfers, Modifications, Conditions and Forfeitures
101.53 Assignment or transfer of station authorization.
101.55 Considerations involving transfer or assignment
applications.
101.57 Modification of station license.
101.59 Processing of applications for facility minor modifications.
101.61 Certain modifications not requiring prior authorization.
101.63 Period of construction; certification of completion of
construction.
101.65 Forfeiture and termination of station authorizations.
101.67 License period.
101.69 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from the
Common Carrier Fixed Point-to-Point Microwave Services and the 1.85-
1.99, 2.13-2.15, and 2.18-2.20 GHz bands from the Private
Operational Fixed Point-to-Point Microwave Service to emerging
technologies.
Subpart C--Technical Standards
101.101 Frequency availability.
101.103 Frequency coordination procedures.
101.105 Interference protection criteria.
101.107 Frequency tolerance.
101.109 Bandwidth.
101.111 Emission limitations.
101.113 Transmitter power limitations.
101.115 Directional antennas.
101.117 Antenna polarization.
101.119 Simultaneous use of common antenna structures.
101.121 Marking of antenna structures.
101.123 Quiet zones.
101.125 Temporary fixed antenna height restrictions.
101.127 Topographical data.
101.129 Transmitter location.
101.131 Transmitter construction and installation.
101.133 Limitations on use of transmitters.
101.135 Shared use of radio stations and the offering of private
carrier service.
101.137 Interconnection of private operational fixed point-to-point
microwave stations.
101.139 Authorization of transmitters.
101.141 Microwave modulation.
101.143 Minimum path length requirements.
101.145 Interference to geostationary-satellites.
101.147 Frequency assignments.
101.149 Special requirements for operation in the band 38,600-
40,000 MHz.
Subpart D--Technical Operation
101.201 Station inspection.
101.203 Communications concerning safety of life and property.
101.205 Operation during emergency.
101.207 Suspension of transmission.
101.209 Operation of stations at temporary fixed locations for
communication between the United States and Canada or Mexico.
101.211 Operator requirements.
101.213 Station identification.
101.215 Posting of station authorization and transmitter
identification cards, plates, or signs.
101.217 Station records.
Subpart E--Miscellaneous Common Carrier Provisions
101.301 National defense; free service.
101.303 Answers to notices of violation.
101.305 Discontinuance, reduction or impairment of service.
101.307 Tariffs, reports, and other material required to be
submitted to the Commission.
101.309 Requirement that licensees respond to official
communications.
101.311 Equal employment opportunities.
Subpart F--Developmental Authorizations
101.401 Eligibility.
101.403 Scope of service.
101.405 Adherence to program of research and development.
101.407 Special procedure for the development of a new service or
for the use of frequencies not in accordance with the provisions of
the rules in this part.
101.409 Terms of grant; general limitations.
101.411 Supplementary showing required.
101.413 Developmental report required.
Subpart G--Digital Electronic Message Service
101.501 Eligibility.
101.503 Digital Electronic Message Service Nodal Stations.
101.505 Frequencies.
101.507 Frequency stability.
101.509 Interference protection criteria.
101.511 Purpose and permissible service.
101.513 Transmitter power.
101.515 Emissions and bandwidth.
101.517 Antennas.
101.519 Interconnection.
101.521 Spectrum utilization.
Subpart H--Private Operational Fixed Point-to-Point Microwave Service
101.601 Eligibility.
101.603 Permissible communications.
Subpart I--Common Carrier Fixed Point-to-Point Microwave Service
101.701 Eligibility.
101.703 Permissible communications.
101.705 Renewal of station licenses.
Subpart J--Local Television Transmission Service
101.801 Eligibility.
101.803 Frequencies.
101.805 Assignment of frequencies to mobile stations.
101.807 Transmitter power.
101.809 Bandwidth and emission limitations.
101.811 Modulation requirements.
101.813 Remote control operation of mobile television pickup
stations.
101.815 Stations at temporary fixed locations.
101.817 Notification of station operation at temporary locations.
101.819 Stations affected by coordination contour procedures.
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
Subpart A--General
Sec. 101.1 Scope and authority.
(a) The purpose of the rules in this part is to prescribe the
manner in which portions of the radio spectrum may be made available
for private operational and common carrier fixed microwave operations
that require transmitting facilities on land or in specified offshore
coastal areas within the continental shelf.
(b) The rules in this part are issued pursuant to the authority
contained in
[[Page 26678]]
Titles I through III of the Communications Act of 1934, as amended,
which vest authority in the Federal Communications Commission to
regulate common carriers of interstate and foreign communications, to
regulate radio transmissions and issue licenses for radio stations, and
to regulate all interstate and foreign communications by wire and radio
necessary to the accomplishment of the purposes of the Act.
Sec. 101.3 Definitions.
As used in this part.
Antenna power gain. The ratio of the maximum radiation intensity to
that of an isotropic (omnidirectional) radiator in the far field of its
main (forward direction) lobe.
Antenna power input. The radio frequency peak or RMS power, as the
case may be, supplied to the antenna from the antenna transmission line
and its associated impedance matching network.
Antenna structure. The antenna, its supporting structure and
anything attached to it.
Assigned frequency. The center of the frequency band assigned to a
station.
Assigned frequency bandwidth. The frequency band within which the
emission of a station is authorized; the width of the band equals the
necessary bandwidth plus twice the absolute value of the frequency
tolerance.
Authorized bandwidth. The maximum bandwidth authorized to be used
by a station as specified in the station license. (See Sec. 2.202 of
this chapter)
Authorized frequency. The frequency, or frequency range, assigned
to a station by the Commission and specified in the instrument of
authorization.
Authorized power. The maximum power a station is permitted to use.
This power is specified by the Commission in the station's
authorization.
Automatic Transmitter Power Control (ATPC). ATPC is a feature of a
digital microwave radio system that adjusts the transmitter output
power. ATPC allows the transmitter to operate at less than maximum
power for most of the time. In a radio employing ATPC, the transmit
power is reduced during normal operation conditions. When the receiver
detects a reduction in signal level, a control signal is sent to the
far end transmitter, instructing it to increase the power output to
compensate for the signal reduction. The power output is limited to the
licensed (maximum) transmit power. Guidelines for use of ATPC are set
forth in the TIA Telecommunications Systems Bulletin TSB 10,
``Interference Criteria for Microwave Systems (TSB 10).''
Bandwidth occupied by an emission. The band of frequencies
comprising 99 percent of the total radiated power extended to include
any discrete frequency on which the power is at least 0.25 percent of
the total radiated power.
Bit rate. The rate of transmission of information in binary (two
state) form in bits per unit time.
Carrier. In a frequency stabilized system, the sinusoidal component
of a modulated wave whose frequency is independent of the modulating
wave; or the output of a transmitter when the modulating wave is made
zero; or a wave generated at a point in the transmitting system and
subsequently modulated by the signal; or a wave generated locally at
the receiving terminal which when combined with the side bands in a
suitable detector, produces the modulating wave.
Carrier frequency. The output of a transmitter when the modulating
wave is made zero.
Central office. A landline termination center used for switching
and interconnection of public message communication circuits.
Common carrier fixed point-to-point microwave service. A common
carrier public radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Communication common carrier. Any person engaged in rendering
communication service for hire to the public.
Control point. An operating position at which an operator
responsible for the operation of the transmitter is stationed and which
is under the control and supervision of the licensee.
Control station. A fixed station, the transmissions of which are
used to control automatically the emissions or operations of a radio
station, or a remote base station transmitter.
Coordination area. The area associated with a station outside of
which another station sharing the same or adjacent frequency band
neither causes nor is subject to interfering emissions greater than a
permissible level.
Coordination contour. The line enclosing the coordination area.
Coordination distance. The distance on a given azimuth from a
station beyond which another station neither causes nor is subject to
interfering emissions greater than a permissible level.
Digital Electronic Message Nodal Station. A fixed point-to-
multipoint radio station in a Digital Electronic Message Service
providing two-way communication with Digital Electronic Message User
Stations.
Digital Electronic Message Service. A two-way end-to-end fixed
radio service utilizing digital termination systems for the exchange of
digital information. This service may also make use of point-to-point
microwave facilities, satellite facilities or other communications
media to interconnect digital termination systems to comprise a
network.
Digital Electronic Message User Station. Any one of the fixed
microwave radio stations located at users' premises, lying within the
coverage area of a Digital Electronic Message Nodal Station, and
providing two-way digital communications with the Digital Electronic
Message Nodal Station.
Digital modulation. The process by which some characteristic
(frequency, phase, amplitude or combinations thereof) of a carrier
frequency is varied in accordance with a digital signal, e.g., one
consisting of coded pulses or states.
Drop point. A term used in the point-to-point microwave radio
service to designate a terminal point where service is rendered to a
subscriber.
Earth station. A station located either on the Earth's surface or
within the major portion of Earth's atmosphere and intended for
communication:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space.
Effective radiated power (ERP). The product of the power supplied
to the antenna and its gain relative to a half-wave dipole in a given
direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the
power supplied to the antenna and the antenna gain in a given direction
relative to an isotropic antenna.
Exchange. A unit of a communication company or companies for the
administration of communication service in a specified area, which
usually embraces a city, town, or village and its environs, and
consisting of one or more central offices, together with the associated
plant, used in furnishing communication service in that area.
Exchange area. The geographic area included within the boundaries
of an exchange.
Fixed satellite earth station. An earth station intended to be used
at a specified fixed point.
[[Page 26679]]
Fixed relay station. A fixed station associated with one or more
stations, established to receive radio signals directed to it and to
retransmit them automatically on a fixed service frequency.
Fixed Service. A radio communications service between specified
fixed points.
Fixed station. A station in the fixed service.
Frequency tolerance. The maximum permissible departure by the
center frequency of the frequency band occupied by an emission from the
assigned frequency or, by the characteristic frequency of an emission
from the reference frequency.
Note: The frequency tolerance is expressed as a percentage or in
Hertzs.
General communication. Two-way voice communication, through a base
station, between:
(1) A common carrier land mobile or airborne station and a landline
telephone station connected to a public message landline telephone
system;
(2) Two common carrier land mobile stations;
(3) Two common carrier airborne stations;
(4) A common carrier land mobile station and a common carrier
airborne station.
Harmful interference. Interference that endangers the functioning
of a radionavigation service or of other safety services or seriously
degrades, obstructs or repeatedly interrupts a radiocommunication
service operating in accordance with these regulations.
Internodal link. A point-to-point communications link used to
provide communications between nodal stations or to interconnect nodal
stations to other communications media.
Landing area. A landing area means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or approved for use for the landing and take-off of aircraft,
whether or not facilities are provided for the shelter, servicing, or
repair of aircraft, or for receiving or discharging passengers or
cargo.
Local Television Transmission Service. A public radio communication
service for the transmission of television material and related
communications.
Long haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths exceeds 402
kilometers.
Master station. A station in a multiple address radio system that
controls, activates or interrogates four or more remote stations.
Master stations performing such functions may also receive
transmissions from remote stations.
Message center. The point at which messages from members of the
public are accepted by the carrier for transmission to the addressee.
Microwave frequencies. As used in this part, this term refers to
frequencies of 890 MHz and above.
Microwave link. A link is defined as a simplex communications
circuit between two points utilizing a single frequency/polarization
assignment. A duplex communications circuit would require two links,
one link in each direction.
Miscellaneous common carriers. Communications common carriers that
are not engaged in the business of providing either a public landline
message telephone service or public message telegraph service.
Mobile earth station. An earth station intended to be used while in
motion or during halts at unspecified points.
Mobile Service. A radio communication service between mobile and
land stations or between mobile stations.
Mobile station. A station in the mobile service intended to be used
while in motion or during halts at unspecified points.
Multiple address system (MAS). A point-to-multipoint radio
communications system, either one-way or two-way, utilizing frequencies
in accordance with Sec. 101.147 and serving a minimum of four unique
remote stations. Each master station must serve at least its own four
remotes. The remote stations must be scattered over the service area in
such a way that two or more point-to-point systems would be needed to
serve those remotes.
National Spatial Reference System. The National Spatial Reference
System (NSRS) is the name given to all Geodetic Control information
contained in the National Geodetic Survey (NGS) Data Base. This
includes: A, B, First, Second, and Third Order horizontal and vertical
control observed by NGS as well as data submitted by other agencies
(i.e., USGS, BLM, States, Counties, Cities, and private surveying
organizations).
Necessary bandwidth. For a given class of emission, the width of
the frequency band that is just sufficient to ensure the transmission
of information at the rate and with the quality required under
specified conditions. The necessary bandwidth may be calculated using
the formulas in Sec. 2.202 of this chapter.
Nodal station. The central or controlling station in a radio system
operating on point-to-multipoint frequencies in the 2.5, 10.6, or 18
GHz bands.
Occupied bandwidth. The width of a frequency bandwidth such that,
below the lower and above the upper frequency limits, the mean powers
emitted are each equal to a specified percentage, B/2 of the total mean
power of a given emission. Unless otherwise specified by the CCIR for
the appropriate class of emission, the value of B/2 should be taken as
0.5%.
Note: The percentage of the total power outside the occupied
bandwidth is represented by B.
Operational fixed station. A private fixed station not open to
public correspondence.
Passive repeater. A re-radiation device associated with a
transmitting/receiving antenna system that re-directs intercepted
radiofrequency energy. For example, it may consist of reflector(s) or
back-to-back parabolic or horn antennas.
Path length. The total distance of a path from the transmit to the
receive antenna, inclusive of all passive repeaters, if any.
Periscope antenna system. An antenna system which involves the use
of a passive reflector to deflect radiation from or to a directional
transmitting or receiving antenna which is oriented vertically or near
vertically.
Prior coordination. A bilateral process conducted prior to filing
applications which includes the distribution of the technical
parameters of a proposed radio system to potentially affected parties
for their evaluation and timely response.
Private carrier. An entity licensed in the private service and
authorized to provide communications service to other private service
eligibles on a commercial basis.
Private line service. A service whereby facilities for
communication between two or more designated points are set aside for
the exclusive use or availability for use of a particular customer and
authorized users during stated periods of time.
Private operational fixed point-to-point microwave service. A
private line radio service rendered on microwave frequencies by fixed
and temporary fixed stations between points that lie within the United
States or between points to its possessions or to points in Canada or
Mexico.
Public correspondence. Any telecommunication which the offices and
stations must, by reason of their being at the disposal of the public,
accept for transmission.
Public message service. A service whereby facilities are offered to
the
[[Page 26680]]
public for communication between all points served by a carrier or by
interconnected carriers on a non-exclusive message by message basis,
contemplating a separate connection for each occasion of use.
Radio station. A separate transmitter or a group of transmitters
under simultaneous common control, including the accessory equipment
required for carrying on a radiocommunication service.
Radiocommunication. Telecommunication by means of radio waves.
Rated power output. The maximum radio frequency power output
capability (peak or average power) of a transmitter, under optimum
conditions of adjustment and operation, specified by its manufacturer.
Record communication. Any transmission of intelligence which is
reduced to visual record form at the point of reception.
Reference frequency. A frequency having a fixed and specified
position with respect to the assigned frequency. The displacement of
this frequency with respect to the assigned frequency has the same
absolute value and sign that the displacement of the characteristic
frequency has with respect to the centre of the frequency band occupied
by the emission.
Relay station. A fixed station used for the reception and
retransmission of the signals of another station or stations.
Remote station. A fixed station in a multiple address radio system
that transmits one-way to one or more central receive sites, controls a
master station, or is controlled, activated or interrogated by, and may
respond to, a master station.
Repeater station. A fixed station established for the automatic
retransmission of radiocommunications received from one or more mobile
stations and directed to a specified location; for public mobile radio
operations, a fixed station that automatically retransmits the mobile
communications and/or transmitter information about the base station,
along a fixed point-to-point link between the base station and the
central station.
Short haul system. A microwave system licensed under this part in
which the longest radio circuit of tandem radio paths does not exceed
402 kilometers.
Signaling communication. One-way communications from a base station
to a mobile or fixed receiver, or to multi-point mobile or fixed
receivers by audible or subaudible means, for the purpose of actuating
a signaling device in the receiver(s) or communicating information to
the receiver(s), whether or not the information is to be retained in
record form.
Standby transmitter. A transmitter installed and maintained for use
in lieu of the main transmitter only during periods when the main
transmitter is out of service for maintenance or repair.
Symbol rate. Modulation rate in bauds. This rate may be higher than
the transmitted bit rate as in the case of coded pulses or lower as in
the case of multilevel transmission.
Telegraphy. A form of telecommunication which is concerned in any
process providing transmission and reproduction at a distance of
documentary matter, such as written or printed matter or fixed images,
or the reproduction at a distance of any kind of information in such a
form. Unless otherwise specified, telegraphy means a form of
telecommunication for the transmission of written matter by the use of
signal code.
Telemetering. The use of telecommunication for automatic indicating
or recording measurements at a distance from the measuring instrument.
Telephony. A form of telecommunication set up for the transmission
of speech, or in some cases, other sounds.
Television. A form of telecommunication for transmission of
transient images of fixed or moving objects.
Temporary fixed station. A station established in a non-permanent
mode (temporary) at a specified location for a short period of time,
ranging up to one year. Temporary-fixed operations are itinerant in
nature, and are not to be confused with mobile-type operations.
Video entertainment material. The transmission of a video signal
(e.g. United States Standard Monochrome or National Television Systems
Committee 525-line television) and an associated audio signal which is
designed primarily to amuse or entertain, such as movies and games.
Subpart B--Applications and Licenses
General Filing Requirements
Sec. 101.4 Transition plan.
(a) All systems subject to parts 21 and 94 of this chapter in
effect as of July 31, 1996, which are licensed or which are proposed in
an application on file, as of July 31, 1996, are subject to the
requirements under part 21 or part 94 of this chapter as contained in
the CFR edition revised as of October 1, 1995 and amended in the
Federal Register through July 31, 1996, as applicable.
(b) For purposes of this section, a ``system'' shall include:
(1) The originally licensed system;
(2) Any modification to the original system involving a change in
antenna azimuth, antenna beam width, channel loading, emission, station
location, antenna height, authorized power, or authorized frequencies;
(3) Additional links constructed to complete an integrated
communications network; or
(4) Operationally connecting new facilities and/or frequencies.
(c) All radio frequency devices authorized pursuant to part 2 of
this chapter as being in compliance with applicable part 21 or part 94
of this chapter in effect as of July 31, 1996, requirements can be used
indefinitely with systems licensed under this part 101.
Sec. 101.5 Station authorization required.
(a) No radio transmitter shall be operated in this service except
under and in accordance with a proper station authorization granted by
the Federal Communications Commission. Except as provided in paragraph
(d) of this section, no construction, modification or operation of a
station may be commenced without an authorization from the Commission.
(b) A separate application form must be filed for each Digital
Electronic Message Service Nodal Station. No license is required for a
Digital Electronic Message User Station. Authority for a Digital
Electronic Message Nodal Station licensee to serve a specific number of
user stations to be licensed in the name of the carrier must be
requested on FCC Form 494 filed for the Digital Electronic Message
Nodal Station.
(c) If construction and or operation may have a significant
environmental impact as defined by Sec. 1.1307 of this chapter, the
requisite environmental assessment as prescribed in Sec. 1.1311 of this
chapter must be filed with the application and Commission environmental
review must be completed before construction of the station is
initiated. See Sec. 1.1312 of this chapter.
(d) For stations authorized under subpart H (Private Operational
Fixed Point-to-Point Microwave Service) and subpart I (Common Carrier
Fixed Point-to-Point Microwave Service), construction of new or
modified stations may be initiated prior to grant of an authorization.
As a condition to commencing construction under this paragraph (d), the
Commission may, at any time and without hearing or notice, prohibit
such construction for any
[[Page 26681]]
reason. Any construction conducted hereunder is at the applicant's sole
risk.
Sec. 101.7 Eligibility for station license.
(a) A station license may not be granted to or held by a foreign
government or by a representative of a foreign government.
(b) In the Common Carrier service, a station license may not be
granted or held by:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which any officer or director is an alien;
(4) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by: Aliens or their representatives;
a foreign government or representatives thereof; or any corporation
organized under the laws of a foreign country;
(5) Any corporation directly or indirectly controlled by any other
corporation of which any officer or more than one-fourth of the
directors are aliens, if the Commission finds that the public interest
will be served by the refusal or revocation of such license; or
(6) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens or their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign government, if the Commission finds that
the public interest will be served by the refusal or revocation of such
license.
Sec. 101.9 Formal and informal applications.
(a) Except for an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)),
the Commission will grant the following authorizations only upon
written application: Station licenses; modifications of station
licenses; renewals of station licenses; extensions of time to
construct; transfers and assignments of station licenses or of any
rights thereunder.
(b) Except as may be otherwise permitted by this part, a separate
written application must be filed for each instrument of authorization
requested. Applications may be:
(1) ``Formal applications'' where the Commission has prescribed in
this part a standard form; or
(2) ``Informal applications'' (normally in letter form) where the
Commission has not prescribed a standard form.
(c) An informal application will be accepted for filing only if:
(1) A standard form is not prescribed or clearly applicable to the
authorization requested;
(2) It is a document submitted, in duplicate, with a caption which
indicates clearly the nature of the request, radio service involved,
location of the station, and the application file number (if known);
and
(3) It contains all the technical details and informational
showings required by the rules and states clearly and completely the
facts involved and authorization desired.
Sec. 101.11 Filing of applications, fees, and number of copies.
(a) Part 1 of this chapter contains information on application
filing procedures and requirements for all services authorized under
this part. All filings must include the original application plus one
copy.
(b) Applications or filings requiring fees as set forth at part 1,
subpart G of this chapter must be filed in accordance with
Sec. 0.401(b) of this chapter. Applications or filings not requiring
fees must be submitted to: Federal Communications Commission, Common
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, PA 17325.
(c) All correspondence or amendments concerning a submitted
application must clearly identify the radio service, the name of the
applicant, station location, and the Commission file number (if known)
or station call sign of the application involved.
(d) Except as otherwise specified, all applications, amendments,
and correspondence must be signed as prescribed by part 1 of this
chapter.
Sec. 101.13 Application forms and requirements for private operational
fixed stations.
(a) A separate application must be submitted on FCC Form 402 for
the following:
(1) New station authorization for private operational fixed
microwave station;
(2) New authorization to operate one or more fixed stations at
temporary locations in this service;
(3) Modification of station license;
(4) New station authorization or modification of license for each
master station of a system consisting of a master station and its
associated remote stations;
(5) The Commission's consent to the complete or partial assignment
of an authorization to another person or entity, or the transfer of
control of an entity holding an authorization. In addition, the
application must be accompanied by a signed letter from proposed
assignor/transferor stating the desire to assign all or part of its
right, title, and interest in and to such authorization, or to transfer
control over the entity holding the authorization, stating the call
sign and location of the station, and that, if applicable, the assignor
will submit its current station authorization for cancellation upon
completion of the assignment. Form 1046 may be used in lieu of this
letter. Licensees who fail to consummate must modify their licenses to
conform them to their initial state within 30 days of a failure to
consummate; or
(6) Amendment of any application.
(b) An application for authority to operate a fixed station at
temporary locations must specify the precise geographic area within
which the operation will be confined. The area specified must be
defined as a radius of operation about a given state or states,
latitude/longitude, or as a rectangular area bounded by upper and lower
lines of latitude and longitude. Exception to this specific requirement
may be made for exceptionally large areas, such as the continental
United States. Sufficient data must be submitted to show the need for
the proposed area of operation. If an operational-fixed station is
authorized to be operated at temporary locations and actually remains,
or is to remain, at the same location for a period of over a year,
application for a permanent authorization specifying the fixed location
must be made as soon as possible but not later than 30 days after the
expiration of the one-year period.
(c) A separate Form 402 for point-to-multipoint frequencies in the
10.6 GHz and 18 GHz bands must be filed for each Nodal Station except
for operations consistent with Sec. 101.147. Each Nodal Station
application must specify the service area that will be served by the
station in terms of a distance radius or other geographical
specification, and, if applicable, the Standard Metropolitan
Statistical Area (SMSA) being served.
(d) Application for renewal of station licenses must be submitted
on such form as the Commission may designate by public notice.
Applications for renewal must be made during the license term and
should be filed within 90 days, but not later than 30 days, prior to
the end of the license term. When a licensee submits a timely
application for renewal of a station license, the existing license for
that station will continue as a valid authorization until the
Commission has made a final decision on the application. Whenever a
group of station licenses in the same radio service are to be renewed
simultaneously, a single ``blanket'' application may be filed to cover
the
[[Page 26682]]
entire group if the application identifies each station by call sign
and station location. Applicants should note also any special renewal
requirements under the rules for such radio station(s).
(e) A separate application must be filed for each fixed master
station in a Multiple Address System (MAS). Applications may include
any number of remote stations in a single application, but must specify
the geographic service area in which these remote stations will be
located. Applications for mobile operations or for systems employing
only remote stations must designate a reference point (set of
coordinates) at or near the center of the area being served.
(f) Cancellation of a license can be made by letter.
Sec. 101.15 Application forms for common carrier fixed stations.
(a) New or modified facilities. FCC Form 494 must be submitted and
a license granted for each station. FCC Form 494 also must be submitted
to amend any license application, to modify any license pursuant to
Secs. 101.57(a) and 101.59, and to notify the Commission of
modifications made pursuant to Sec. 101.61. Cancellation of a license
can be made by letter.
(b) Additional time to construct. FCC Form 701 (``Application for
Additional Time to Construct Radio Station'') must be filed prior to
the expiration of the time for construction noted in a conditional
license to modify the license by extending the period of construction.
(c) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed by the licensee between thirty (30)
and sixty (60) days prior to the expiration date of the license sought
to be renewed. Whenever a group of station licenses in the same radio
service are to be renewed simultaneously, a single ``blanket''
application may be filed to cover the entire group if the application
identifies each station by call sign and station location. Applicants
should note also any special renewal requirements under the rules for
each radio service. When a licensees submits a timely application for
renewal of a station license, the existing license continues in effect
until the Commission has rendered a decision on the renewal
application.
(d) Assignment of license. FCC Form 702 (``Application for Consent
to Assignment of Radio Station Construction Authorization or License
for Stations in Services Other than Broadcast'') must be submitted to
assign voluntarily (as by, for example, contract or other agreement) or
involuntarily (as by, for example, death, bankruptcy, or legal
disability) the station authorization. In the case of involuntary
assignment (or transfer of control) the application must be filed
within 10 days of the event causing the assignment (or transfer of
control). FCC Form 702 must also be used for non-substantial (pro
forma) assignments. Whenever a group of station licenses in the same
radio services are to be assigned to a single assignee, a single
``blanket'' application may be filed to cover the entire group, if the
application identifies each station by call sign and station location.
Licensees who fail to consummate must modify their licenses to conform
them to their initial state within 30 days of a failure to consummate.
(e) Partial assignment of license. Authorization for assignment
from one company to another of only a part or portions of the
facilities (transmitters) authorized under an existing license (as
distinguished from an assignment of the facilities in their entirety)
may be granted upon application:
(1) By the assignor on FCC Form 494 for deletion of the assigned
facilities (no fee required); and
(2) By the assignee on FCC Form 494 with a request for
recertification in the name of the assignee for frequencies eliminated
from assignor's license (fee required). In the event that consummation
does not occur, FCC Form 494 must be submitted to return the assignor's
license to its original condition.
(f) Transfer of control of corporation holding a conditional
license or license. FCC Form 704 (``Application for Consent to Transfer
of Control'') must be submitted in order to voluntarily or
involuntarily transfer control (de jure or de facto) of a corporation
holding any conditional licenses or licenses. FCC Form 704 must also be
used for non-substantial (pro forma) transfers of control. Licensees
who fail to consummate must modify their licenses to conform them to
their initial state within 30 days of a failure to consummate.
Sec. 101.17 [Reserved]
Sec. 101.19 General application requirements.
(a) Each application for a license or for consent to assignment or
transfer of control must:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identity and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) Demonstrate the applicant's legal, technical, and other
qualifications to be a licensee;
(3) Submit the information required by the Commission's rules,
requests, and application forms;
(4) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(5) Show compliance with the special requirements applicable to
each radio service and make all special showings that may be applicable
(e.g., those required by Secs. 101.103(d), 101.701, and of this part,
etc.).
(b) In addition to the general application requirements of
Secs. 101.19 and 101.21, applicants must submit any additional
documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's
rules, and the other subparts of this part (particularly Subpart C and
those subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
(c) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of this chapter. If
answered affirmatively, an Environmental Assessment as described by
Sec. 1.1311 of this chapter, need not be filed with the application.
Sec. 101.21 Technical content of applications.
Applications must contain all technical information required by the
application form and any additional information necessary to fully
describe the proposed facilities and to demonstrate compliance with all
technical requirements of the rules governing the radio service
involved (see subparts C, F, G, I, and J, as appropriate). The
following paragraphs describe a number of technical requirements.
(a) Each application proposing a new or modified antenna structure
for a station (including a receive-only or passive repeater) must
indicate whether the owner has registered the structure with the
Commission. Complete information as to rules concerning the
registration, construction, marking and lighting of antenna structures
is
[[Page 26683]]
contained in part 17 of this chapter. See also Sec. 101.121 if the
structure is used by more than one station.
(b) Each application for construction permit for a developmental
authorization must be accompanied by pertinent supplemental information
as required by Sec. 101.411 in addition to such information as may be
specifically required by this section.
(c) An applicant proposing construction of one or more new stations
or modification of existing stations must submit the location and
telephone number (if known) of the maintenance center for a fixed
microwave system. In lieu of providing the location and telephone
number of the maintenance center(s) on a case by case basis, a licensee
may file a complete list for all operational stations with the
Commission and the Engineer-In-Charge of the appropriate radio district
on an annual basis or at more frequent intervals as necessary to keep
the information current.
(d) Each application in the Private Operational Fixed Point-to-
Point Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, and Digital Electronic Message Services
(excluding user stations) proposing a new or replacement antenna
(excluding omnidirectional antennas) must include an antenna radiation
pattern showing the antenna power gain distribution in the horizontal
plane expressed in decibels, unless such pattern is known to be on file
with the Commission in which case the applicant may reference in its
application the FCC-ID number that indicates that the pattern is on
file with the Commission.
(e) Each application in the Private Operational Fixed Point-to-
Point Microwave Service and the Common Carrier Fixed Point-to-Point
Microwave Service must include the following information:
Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power,
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and
ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
Note: The position location of antenna sites shall be determined
to an accuracy of no less than 1 second in the
horizontal dimensions (latitude and longitude) and 1
meter in the vertical dimension (ground elevation) with respect to
the National Spacial Reference System.
(f) All applicants for regular authorization must, before filing an
application, amendments to a pending application, or modifications to a
license, prior coordinate the proposed frequency usage with existing
users in the area and other applicants with previously filed
applications in accordance with the procedures in Sec. 101.103. In
those frequency bands shared with the communication-satellite service,
an applicant for a new station, for new points of communication, for
the initial frequency assignment in a shared band for which
coordination has not been previously effected, or for authority to
modify the emission or radiation characteristics of an existing station
in a manner that may increase the likelihood of harmful interference,
must ascertain in advance whether the station(s) involved lie within
the great circle coordination distance contours of an existing Earth
station or one for which an application has been accepted for filing,
and must coordinate his proposal with each such Earth station operator
or applicant. For each potential interference path, the applicant must
perform the computations required to determine that the expected level
of interference to or from the terrestrial station does not exceed the
maximum permissible interference power level in accordance with the
technical standards and requirements of Secs. 25.251-25.256 of this
chapter. The Commission may, in the course of examining any
application, require the submission of additional showings, complete
with pertinent data and calculations in accordance with part 25 of this
chapter, showing that harmful interference will not likely result from
the proposed operation. (Technical characteristics of the Earth
stations on file and coordination contour maps for those Earth stations
will be kept on file for public inspection in the offices of the
Commission's International Bureau in Washington, DC)
Sec. 101.23 Waiver of rules.
Waivers of these rules may be granted upon application or on the
Commission's own motion.
A request for waiver shall contain a statement of reasons
sufficient to justify a waiver. A waiver will not be granted except
upon an affirmative showing that:
(a) The underlying purpose of the rule will not be served, or would
be frustrated, by its application in the particular case, and that
grant of the waiver is otherwise in the public interest; or
(b) The unique facts and circumstances of a particular case render
application of the rule inequitable, unduly burdensome or otherwise
contrary to the public interest. Applicants must also show the lack of
a reasonable alternative.
Sec. 101.25 Inconsistent or conflicting applications.
While an application is pending and undecided, no subsequent
inconsistent or conflicting application may be filed by the same
applicant, the applicant's successor or assignee, or on behalf or for
the benefit of the same applicant, the applicant's successor or
assignee.
Sec. 101.27 Repetitious applications.
(a) Where an applicant has been afforded an opportunity for a
hearing with respect to a particular application for a new station, or
for an extension or enlargement of a service or facilities, and the
Commission has, after hearing or default, denied the application or
dismissed it with prejudice, the Commission will not consider a like
application involving service of the same kind to the same area by the
same applicant, or by the applicant's successor or assignee, or on
behalf of or for the benefit of the original parties in interest, until
after the lapse of 12 months from the effective date of the
Commission's order. The Commission may, for good cause shown, waive the
requirements of this section.
(b) Where an appeal has been taken from the action of the
Commission denying a particular application, another application for
the same class of station and for the same area, in whole or in part,
filed by the same applicant or by the applicant's successor or
assignee, or on behalf or for the benefit of the original parties in
interest, will not be considered until the final disposition of such
appeal.
Sec. 101.29 Amendment of pending applications.
(a) Any pending application may be amended as a matter of right if
the
[[Page 26684]]
application has not been designated for hearing, or for comparative
evaluation pursuant to Sec. 101.51, or for the random selection
process, provided, however, that the amendments must comply with the
provisions of Sec. 101.41 as appropriate.
(b) Requests to amend an application designated for hearing or for
comparative evaluation, or tentatively selected by the random selection
process may be granted only if a written petition demonstrating good
cause is submitted and properly served upon the parties of record.
(c) The Commission will classify amendments on a case-by-case
basis. Whenever previous amendments have been filed, the most recent
amendment will be classified by reference to how the information in
question stood as of the latest Public Notice issued which concerned
the application. An amendment will be deemed to be a major amendment
subject to Sec. 101.37 and Sec. 101.45 under any of the following
circumstances:
(1) If the amendment results in a substantial modification of the
engineering proposal such as (but not necessarily limited to):
(i) A change in, or an addition of a radio frequency channel;
(ii) A change in polarization of the transmitted signal;
(iii) An increase in the equivalent isotropically radiated power of
three (3) dB or more;
(iv) A change in type of transmitter emission or an increase in
emission bandwidth of more than ten (10) percent;
(v) A change in the geographic coordinates of a station's
transmitting antenna of more than five (5) seconds of latitude or
longitude, or both;
(vi) A change of more than one (1) degree in the azimuth of the
center of the main lobe of radiation of a point-to-point station's
transmitting antenna (including any deflections by repeating devices);
(vii) Any change which increases the antenna center line height by
3.0 meters (ten (10) feet) or more;
(viii) Any changes or combination of changes which would cause
harmful electrical interference to an authorized facility or result in
a mutually exclusive conflict with another pending application; or
(ix) Any technical change that would increase the effective
radiated power in any direction by more than one and one-half (1.5) dB
in the Digital Electronic Message Service.
(2) If the amendment would convert a proposal, such that it may
have a significant impact upon the environment under Sec. 1.1307 of
this chapter, which would require the submission of an environmental
assessment, see Sec. 1.1311 of this chapter, and Commission
environmental review, see Secs. 1.1308 and 1.1312 of this chapter.
(3) If the amendment results in a substantial and material
alteration of the proposed service.
(4) If the amendment specifies a substantial change in beneficial
ownership or control (de jure or de facto) of an applicant such that
the change would require, in the case of an authorized station, the
filing of a prior assignment or transfer of control application under
section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d)).
Such a change would not be considered major where the assignment or
transfer of control is for legitimate business purposes other than the
acquisition of applications.
(5) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to
section 309 of the Communications Act of 1934.
(d) A pending application may be amended by a major amendment to
reflect the relocation of a proposed station site and a new application
will not be required if:
(1) The geographic coordinates of the new station site are within
32.2 kilometers of the coordinates of the original site; and
(2) The relocated station would serve essentially the same purpose
in the system as originally proposed.
(e) The applicant must serve copies of any amendments or other
written communications upon the following parties:
(1) Any applicant whose application appears on its face to be
mutually exclusive with the application being amended, including those
applicants originally served under Sec. 101.509;
(2) Any applicant whose application has been found by the
Commission, as published in a public notice, to be mutually exclusive
with the application being amended; and
(3) Any party who has filed a petition to deny the application or
other formal objection, when that petition or formal objection has not
been resolved by the Commission.
(f) The Commission may waive the service requirements of paragraph
(e) of this section and prescribe such alternative procedures as may be
appropriate under the circumstances to protect petitioners' interests
and to avoid undue delay in a proceeding, if an applicant submits a
request for waiver which demonstrates that the service requirement is
unreasonably burdensome. Requests for waiver must be served on
petitioners. Oppositions to the petition may be filed within five (5)
days after the petition is filed and must be served on the applicant.
Replies to oppositions will not be entertained.
(g) Any amendment to an application must be signed and must be
submitted in the same manner, and with the same number of copies, as
was the original application. Amendments may be made in letter form if
they comply in all other respects with the requirements of this
chapter.
Sec. 101.31 Special temporary, temporary, and conditional
authorizations.
(a) Special temporary authorization. (1) In circumstances requiring
immediate or temporary use of facilities, licensees subject to this
part may request special temporary authority to install and/or operate
new or modified equipment. Any such request may be submitted as an
informal application in the manner set forth in Sec. 101.9 and must
contain full particulars as to the proposed operation including all
facts sufficient to justify the temporary authority sought and the
public interest therein. No such request will be considered unless the
request is received by the Commission at least 10 days prior to the
date of proposed construction or operation or, where an extension is
sought, expiration date of the existing temporary authorization.
(2) Special temporary authorization may be granted upon written
request in the following circumstances:
(i) In emergency situations;
(ii) To permit restoration or relocation of existing facilities to
continue communication service;
(iii) To conduct tests to determine necessary data for the
preparation of an application for regular authorization;
(iv) For a temporary, non-recurring service where a regular
authorization is not appropriate;
(v) In other situations involving circumstances which are of such
extraordinary nature that delay in the institution of temporary
operation would seriously prejudice the public interest.
(3) The Commission may grant requests for special temporary
authority without issuing the public notice provided for in Sec. 101.37
for periods not exceeding 180 days, if there are extraordinary
circumstances supporting the request and where delay in commencing
temporary operation would seriously prejudice the public interest.
Requests for special temporary authorization not involving
extraordinary circumstances may be
[[Page 26685]]
granted without public notice for a period of 30 days where an
application for regular operation is not contemplated or for 60 days
pending or after the filing of an application for regular operation.
Requests for special temporary authority are issued on a strictly
secondary, non-interfering basis, and do not in any way affect the
final disposition of any application or action pending before the
Commission.
(4) Extension of a special temporary authorization for a period of
180 days may be granted, but the renewing applicant bears a heavy
burden to show that extraordinary circumstances warrant such an
extension.
(5) Request for special temporary authorization must contain the
following information:
(i) Name, address, and citizenship status of the applicant;
(ii) Need for special action, including a description of any
emergency or damage to equipment;
(iii) Type of operation to be conducted;
(iv) Purpose of operation;
(v) Time and date of operation desired;
(vi) Class of station and nature of service;
(vii) Location of station and points with which station will
communicate;
(viii) Equipment to be used, specifying manufacturer, model number,
and number of units;
(ix) Frequency(s) desired;
(x) Azimuth and beamwidth of major lobe of transmitting antenna and
ERP;
(xi) Type of emission;
(xii) Description of antenna to be used, including height; and
(xiii) Certification that prior coordination is complete.
(6) In cases of emergency found by the Commission, involving danger
to life or property or due to damage of equipment, or during a national
emergency proclaimed by the President or declared by the Congress or
during the continuance of any war in which the United States is engaged
and when such action is necessary for the national defense or safety or
otherwise in furtherance of the war effort, or in cases of emergency
where the Commission finds that it would not be feasible to secure
renewal applications from existing licensees or otherwise to follow
normal licensing procedure, the Commission will grant construction
permits and station licenses, or modifications or renewals thereof,
during the emergency found by the Commission or during the continuance
of any such national emergency or war, as special temporary licenses,
only for the period of emergency or war, requiring such action, without
the filing of formal applications.
(b) Temporary authorizations. (1) Authorizations may be issued upon
proper application for rendition of temporary service to subscribers
under the following conditions:
(i) When a fixed station, authorized to operate at temporary
locations, is to remain at a single location for more than 6 months, an
application (FCC Form 402 or 494, as appropriate) for a station
authorization designating that single location as the permanent
location shall be filed at least 90 days prior to the expiration of the
6-month period;
(ii) The station shall be used only for rendition of communication
service at a remote point where the provision of wire facilities is not
practicable within the required time frame; and
(iii) The antenna structure height employed at any location shall
not exceed the criteria set forth in Sec. 17.7 of this chapter unless,
in each instance, authorization for use of a specific maximum antenna
structure height for each location has been obtained from the
Commission prior to erection of the antenna. See Sec. 101.125.
(2) Applications for authorizations to operate stations at
temporary locations under the provisions of this section shall be made
upon FCC Form 402 or 494, as appropriate. Blanket applications may be
submitted for the required number of transmitters.
(3) The licensee of stations which are authorized pursuant to the
provisions of paragraph (b) of this section shall notify the Commission
at least five (5) days prior to installation of the facilities,
stating:
(i) The call sign, manufacturer's name, type or model number,
output power and specific location of the transmitter(s);
(ii) The maintenance location for the transmitter;
(iii) The location of the transmitting or receiving station with
which it will communicate and the identity of the correspondent
operating such facilities;
(iv) The exact frequency or frequencies to be used;
(v) The public interest, convenience and necessity to be served by
operation of the proposed installation;
(vi) The commencement and anticipated termination dates of
operation from each location. In the event the actual termination date
differs from the previous notification, written notice thereof promptly
shall be given to the Commission;
(vii) A notification shall include compliance with the provisions
of
Sec. 101.21(e) when operations are to be conducted in the area of
other terrestrial microwave stations and with the provisions of
Sec. 101.21(e) when operations are to be conducted within the
coordination distance contours of a fixed earth station; and
(viii) Where the notification contemplates initially a service
which is to be rendered for a period longer than 90 days, the
notification shall contain a showing as to why application should not
be made for regular authorization.
(4) Less than 5 days advance notice may be given when circumstances
require shorter notice provided such notice is promptly given and the
reasons in support of such shorter notice are stated.
(5) A copy of the notification shall be kept with the station
license.
(c) Prior coordination. Stations authorized under this section may
complete the prior coordination process orally and the period allowed
for response to a coordination notification may be less than 30 days if
the parties agree. The requirements under Sec. 101.103(d)(2)(i) for
written documentation shall apply to such oral notice.
(d) Certification. Any applicant under this section must submit a
certification that neither the applicant nor any party to the applicant
is subject to a denial of Federal benefits pursuant to section 5301 of
the Anti-Drug Abuse Act of 1988, as required by Sec. 1.2002 of this
chapter.
(e) Conditional authorization. (1) An applicant for a new point-to-
point microwave radio station(s) or a modification of an existing
station(s) in the 3,700-4,200; 5,925-6,425; 6,525-6,875; 10,550-10,680;
10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-
13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147
for specific service usage) may operate the proposed station(s) during
the pendency of its applications(s) upon the filing of a properly
completed formal application(s) that complies with subpart B of part
101 if the applicant certifies that the following conditions are
satisfied:
(i) The frequency coordination procedures of Sec. 101.103 have been
successfully completed;
(ii) The antenna structure(s) has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of this chapter; or
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure), if the antenna or tower has not been previously studied
[[Page 26686]]
by the Federal Aviation Administration and cleared by the FCC;
(iii) The grant of the application(s) does not require a waiver of
the Commission's rules:
(iv) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in Sec. 1.1307 of this
chapter;
(v) The station site(s) does not lie within 56.3 kilometers of any
international border or within a radio ``Quiet Zone'' identified in
Sec. 101.123, or if operated on frequencies in the 17,700-19,700 MHz
band, the station site(s) does not lie within the states of Colorado,
Maryland and Virginia and the District of Columbia;
(vi) The filed application(s) does not propose to operate in the
10.6-10.68 GHz band, or in the 21.2-23.6 GHz band with an E.R.P.
greater than 55 dBm pursuant to Sec. 101.147(s); and
(vii) The filed application(s) is consistent with the proposal that
was coordinated pursuant to Sec. 101.103.
(2) Conditional authority ceases immediately if the application(s)
is returned by the Commission because it is not acceptable for filing.
(3) A conditional authorization pursuant to paragraphs (e)(1) and
(e)(2) of this section is evidenced by retaining the original executed
conditional licensing Certification Form with the station records.
Conditional authorization does not prejudice any action the Commission
may take on the subject application(s). Conditional authority is
accepted with the express understanding that such authority may be
modified or cancelled by the Commission at any time without hearing if,
in the Commission's discretion, the need for such action arises. An
applicant operating pursuant to this conditional authority assumes all
risks associated with such operation, the termination or modification
of the conditional authority, or the subsequent dismissal or denial of
its application(s).
(4) The Certification Form, or a copy thereof, must be posted at
each station operating pursuant to this section consistent with
Sec. 101.215.
Sec. 101.33 Who may sign applications.
See part 1 of this chapter (Secs. 1.743 and 1.913), for practices
and procedures governing signatures on applications, amendments and
related statements of fact.
Processing of Applications
Sec. 101.35 Preliminary processing of applications.
(a) Applications received for filing are given a file number. The
assignment of a file number to an application is for administrative
convenience and does not indicate the acceptance of the application for
filing and processing and does not preclude the subsequent return of
the application.
(b) Applications that are incomplete with respect to answers,
supplementary statements, execution, or other matters of a formal
character will be considered defective and may be returned to the
applicant with a brief statement as to such defects. If an applicant is
requested by the Commission to file any additional documents or
information not included in the prescribed application form, failure to
comply with such request will be deemed to render the application
defective, and such application may be dismissed. Applications will
also be deemed to be defective and may be returned to the applicant in
the following cases:
(1) Statutory disqualification of applicant;
(2) Proposed use or purpose of station would be unlawful;
(3) Requested frequency is not allocated for assignment for the
service proposed;
(4) The submitted filing fee (if required) is insufficient;
(5) The application does not demonstrate compliance with the
special requirements applicable to the radio service involved;
(6) The applications does not include all necessary exhibits; or
(7) The application fails to meet any other Commission
requirements.
(c) Any application that has been returned to the applicant for
correction will be processed in original order of receipt when
resubmitted if it is received within 60 days from the date on which it
was returned to the applicant and the change does not involve a major
amendment. If the application is not resubmitted within the prescribed
time, it will be treated as a new application and considered at the
time other applications received on the same date are considered.
(d) Applications considered defective under paragraph (b) of this
section may be accepted for filing if:
(1) The application is accompanied by a request which sets forth
the reasons in support of a waiver of (or an exception to), in whole or
in part, any specific rule, regulation, or requirement with which the
application is in conflict; or
(2) The Commission, upon its own motion, waives (or allows an
exception to), in whole or in part, any rule, regulation or
requirement.
Sec. 101.37 Public notice period.
(a) At regular intervals, the Commission will issue a public notice
listing:
(1) The acceptance for filing of common carrier applications and
major amendments thereto;
(2) Significant Commission actions concerning these applications;
(3) The receipt of common carrier applications for minor
modifications made pursuant to Sec. 101.59;
(4) Information which the Commission in its discretion believes of
public significance; and
(5) Special environmental considerations as required by part 1 of
this chapter.
(b) A public notice will not normally be issued for any of the
following applications:
(1) For authorization of a minor technical change in the facilities
of a proposed or authorized station where such a change would not be
classified as a major amendment to a pending application, as defined by
Sec. 101.29, or as a minor modification to a license pursuant to
Sec. 101.59;
(2) For temporary authorization pursuant to Sec. 101.31;
(3) For an authorization under any of the proviso clauses of
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(4) For consent to an involuntary assignment or transfer of control
of a radio authorization; or
(5) For consent to a voluntary assignment or transfer of control of
a radio authorization, where the assignment or transfer does not
involve a substantial change in ownership or control.
(c) Except as otherwise provided in this part (e.g., Sec. 101.59),
no application that has appeared on public notice will be granted until
the expiration of a period of thirty days following the issuance of the
public notice listing the application, or any major amendment thereto,
or until the expiration of a period of thirty days following the
issuance of a public notice identifying the tentative selectee of a
random selection process, whichever is later.
(d) The listing of an application on public notice as accepted for
filing does not indicate that the application has been found by the
Commission to be acceptable for filing and does not preclude the
subsequent return of the application.
Sec. 101.39 Dismissal and return of applications.
(a) Except as provided under paragraph (c) of this section and
under Sec. 101.41, any application may, upon written request, be
dismissed without prejudice as a matter of right prior to the adoption
date of any final Commission action or the application's designation
for hearing or comparative evaluation.
[[Page 26687]]
(b) A request to dismiss an application without prejudice will be
considered after designation for hearing, after selection through the
comparative evaluation procedure of Sec. 101.51, or after selection as
a tentative selectee in a random selection proceeding, only if:
(1) A written petition is submitted to the Commission and, in the
case of applications designated for hearing or comparative evaluation,
is properly served upon all parties of record;
(2) The petition is submitted before the issuance date of a public
notice of Commission action denying the application; and
(3) The petition complies with the provision of Sec. 101.41
(whenever applicable) and demonstrates good cause.
(c) Except as provided under Sec. 101.41, an application designated
for inclusion in the random selection process may be dismissed without
prejudice as a matter of right if the applicant requests its dismissal
at least 2 days prior to a random selection proceeding.
(d) Dismissal for failure to prosecute or for failure to respond to
official correspondence or requests for additional information within a
specified time period will be without prejudice prior to its
designation for hearing, or tentative selection by the random selection
process. Dismissal may be with prejudice after selection of the
comparative evaluation process, or after selection as a tentative
selectee in a random selection proceeding.
Sec. 101.41 Ownership changes and agreements to amend or dismiss
applications or pleadings.
(a) Except as provided in paragraph (b) of this section, applicants
or any other parties in interest to pending applications must comply
with the provisions of this section whenever:
(1) They participate in any agreement (or understanding) which
involves any consideration promised or received, directly or
indirectly, including any agreement (or understanding) for merger of
interests or the reciprocal withdrawal of applications; and
(2) The agreement (or understanding) may result in either:
(i) A proposed substantial change in beneficial ownership or
control (dejure or de facto) of an applicant such that the change would
require, in the case of an authorized station, the filing of a prior
assignment or transfer of control application under section 310(d) of
the Communications Act of 1934 (47 U.S.C. 310(d)), or
(ii) Proposed withdrawal, amendment or dismissal of any
application(s), amendment(s), petition(s), pleading(s), or any
combination thereof, which would thereby permit the grant without
hearing, comparative evaluation under Sec. 101.51, or random selection
of an application previously in contested status.
(b) The provisions of this section will not be applicable to any
engineering agreement (or understanding) that:
(1) Resolves frequency conflicts with authorized stations or other
pending applications without the creation of new or increased frequency
conflicts; and
(2) Does not involve any consideration promised or received,
directly or indirectly (including any merger of interests or reciprocal
withdrawal of applications), other than the mutual benefit of resolving
the engineering conflict.
(c) For any agreement subject to this section, the applicant of an
application which would remain pending pursuant to such an agreement
will be considered responsible for the compliance by all parties with
the procedures of this section. Failure of the parties to comply with
the procedures of this section will constitute a defect in those
applications which are involved in the agreement and remain in a
pending status.
(d) The principals to any agreement or understanding subject to
this section must comply with the standards of paragraph (e) of this
section in accordance with the following procedure:
(1) Within ten (10) days after entering into the agreement, the
parties thereto must jointly notify the Commission in writing of the
existence and general terms of such agreement, the identity of all of
the participants and the applications involved;
(2) Within thirty (30) days after entering into the agreement, the
parties thereto must file any proposed application amendments, motions,
or requests together with a copy of the agreement which clearly sets
forth all terms and provisions, and such other facts and information as
necessary to satisfy the standards of paragraph (e) of this section.
Such submission must be accompanied by the certification by affidavit
of each principal to the agreement declaring that the statements made
are true, complete, and correct to the best of their knowledge and
belief, and are made in good faith; and
(3) The Commission may request any further information which in its
judgment it believes is necessary for a determination under paragraph
(e) of this section.
(e) The Commission will grant an application (or applications)
involved in the agreement (or understanding) only if it finds upon
examination of the information submitted, and upon consideration of
such other matters as may be officially noticed, that the agreement is
consistent with the public interest, and the amount of any monetary
consideration and the cash value of any other consideration promised or
received is not in excess of those legitimate and prudent costs
directly assignable to the engineering, preparation, filing and
advocacy of the withdrawn, dismissed, or amended application(s),
amendment(s), petition(s), pleading(s), or any combination thereof.
Where such costs represent the applicant's in-house efforts, these
costs may include only directly assignable costs and must exclude
general overhead expenses. (The treatment to be accorded such
consideration for interstate rate making purposes will be determined at
such time as the question may arise in an appropriate rate proceeding.)
An itemized accounting must be submitted to support the amount of
consideration involved except where such consideration (including the
fair market value of any non-cash consideration) promised or received
does not exceed one thousand dollars ($1,000.00). Where consideration
involves a sale of facilities or merger of interests, the accounting
must clearly identify that portion of the consideration allocated for
such facilities or interests and a detailed description thereof,
including estimated fair market value. The Commission will not presume
an agreement (or understanding) to be prima facie contrary to the
public interest solely because it incorporates a mutual agreement to
withdraw pending application(s), amendment(s), petition(s),
pleading(s), or any combination thereof.
Sec. 101.43 Opposition to applications.
(a) Any party in interest may file with the Commission a petition
to deny any application for which public notice is required. All such
petitions must:
(1) Identify the application or applications including applicant's
name, station location, Commission file numbers and radio service
involved with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of this part and part 1 of
this chapter;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), supported by affidavit of a person or
persons with personal knowledge thereof and be sufficient to make a
prima facie showing that the petitioner is a party in interest and that
a grant of the application would be
[[Page 26688]]
inconsistent with the public interest, convenience and necessity;
(4) Be filed within thirty (30) days after the date of public
notice announcing the acceptance for filing of such applications or
major amendments thereto, or, identifying the tentative selectee of a
random selection proceeding (unless the Commission otherwise extends
the deadline); and
(5) Contain a certificate of service showing that the applicant has
been mailed a copy of the petition no later than the date on which the
petition is filed with the Commission.
(b) The applicant may file an opposition to any petition to deny
and the petitioner may file a reply thereto in which allegations of
fact or denials thereof must be supported by an affidavit of a person
or persons with personal knowledge thereof and be clearly identified.
The applicant must serve a copy of the opposition on the petitioner,
and the petitioner must serve a copy of its reply on the applicant. The
time for filing such oppositions and replies are provided in Sec. 1.45
of this chapter.
(c) Notwithstanding the provisions of paragraph (a) of this
section, before Commission action on any application for an instrument
of authorization, any person may file informal objections to the grant.
The Commission will consider informal objections, but not necessarily
discuss them in a written opinion, if the objection is filed at least
one day prior to action on the application and the objection is signed
by the submitting person with a disclosure of that person's interest.
Such objections may be submitted in letter form. The limitation on
pleadings and time for filing pleadings provided for in Sec. 1.45 of
this chapter will not be applicable to any objections duly filed
pursuant to this paragraph.
(d) Petitions to deny not filed in accordance with paragraph (a) of
this section will be treated as informal objections.
Sec. 101.45 Mutually exclusive applications.
(a) The Commission will consider applications to be mutually
exclusive if their conflicts are such that the grant of one application
would effectively preclude by reason of harmful electrical
interference, or other practical reason, the grant of one or more of
the other applications. The Commission will presume ``harmful
electrical interference'' exists when the levels of Sec. 101.105 are
exceeded, or when there is a material impairment to service rendered to
the public despite full cooperation in good faith by all applicants or
parties to achieve reasonable technical adjustments which would avoid
electrical conflict.
(b) A common carrier application will be entitled to be included in
a random selection process or to comparative consideration with one or
more conflicting applications only if:
(1) The application is mutually exclusive with the other
application; and
(2) The application is received by the Commission in a condition
acceptable for filing by whichever ``cut-off'' date is earlier:
(i) Sixty (60) days after the date of the public notice listing the
first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission
takes final action on the previously filed application (should the
Commission act upon such application in the interval between thirty
(30) and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but
not uniformly so, the earliest filed application established the date
prescribed in paragraph (b)(2) of this section, regardless of whether
or not subsequently filed applications are directly mutually exclusive
with the first filed application. (For example, applications A, B, and
C are filed in that order. A and B are directly mutually exclusive, B
and C are directly mutually exclusive. In order to be considered
comparatively with B, C must be filed within the ``cut-off'' period
established by A even though C is not directly mutually exclusive with
A.)
(d) Private operational fixed point-to-point microwave applications
for authorization under this part will be entitled to be included in a
random selection process or to comparative consideration with one or
more conflicting applications in accordance with the provisions of
Sec. 1.227(b)(4) of this chapter.
(e) An application otherwise mutually exclusive with one or more
previously filed applications, but filed after the appropriate date
prescribed in paragraphs (b) or (d) of this section, will be returned
without prejudice and will be eligible for refiling only after final
action is taken by the Commission with respect to the previously filed
application (or applications).
(f) For the purposes of this section, any application (whether
mutually exclusive or not) will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
Sec. 101.29), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or
for comparative evaluation (pursuant to Sec. 101.51), and the
Commission or the presiding officer accepts the amendment pursuant to
Sec. 101.29(b);
(2) The amendment resolves frequency conflicts with authorized
stations or other pending applications which would otherwise require
resolution by hearing, by comparative evaluation pursuant to
Sec. 101.51, or by random selection pursuant to Sec. 101.49 provided
that the amendment does not create new or additional frequency
conflicts;
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest, and for which a
requested exemption from the ``cut-off'' requirements of this section
is granted;
(4) The amendment reflects only a change in ownership or control
which results from an agreement under Sec. 101.41 whereby two or more
applicants entitled to comparative consideration of their applications
join in one (or more) of the existing applications and request
dismissal of their other application (or applications) to avoid the
delay and cost of comparative consideration;
(5) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing,
such as, for example:
(i) The loss of a transmitter or receiver site by condemnation,
natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the
erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence
of specified equipment, whenever the application has been pending
before the Commission for two or more years from the date of its
filing.
(g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a
frequency pair. Applicants for these bands may select an unpaired
frequency only upon a showing that spectrum efficiency will not be
impaired and that unpaired spectrum is not available in other bands.
During the initial filing window, frequency coordination is not
[[Page 26689]]
required, except that an application for a frequency in the 942-944 MHz
band must be coordinated to ensure that it does not affect an existing
broadcast auxiliary service licensee. After the initial filing window,
an applicant must submit evidence that frequency coordination has been
performed with all licensees affected by the application. All frequency
coordination must be performed in accordance with Sec. 101.103. In the
event of mutually exclusive applications occurring during the initial
filing window for the 932.5-935/941.5-944 MHz bands, applicants shall
be given the opportunity to resolve these situations by applying for an
alternative frequency pair, if one is available. To the extent that
there are no other available frequencies or to the extent that mutually
exclusive applications remain after this process is concluded,
lotteries shall be conducted for each frequency pair among all
remaining mutually exclusive applications, assuming appropriate
coordination with existing broadcast auxiliary stations can be
concluded, where necessary. In the event of mutually exclusive
applications being received for these bands on the same day after the
initial filing window has closed and a subsequent filing window opened,
lotteries shall be conducted for each frequency pair among all mutually
exclusive applications.
Sec. 101.47 Consideration of applications.
(a) Applications for an instrument of authorization will be granted
if, upon examination of the application and upon consideration of such
other matters as it may officially notice, the Commission finds that
the grant will serve the public interest, convenience, and necessity.
(b) The grant will be without a formal hearing if, upon
consideration of the application, any pleadings of objections filed, or
other matters which may be officially noticed, the Commission finds
that:
(1) The application is acceptable for filing, and is in accordance
with the Commission's rules, regulations, and other requirements;
(2) The application is not subject to comparative consideration
(pursuant to Sec. 101.45) with another application (or applications),
except where the competing applicants have chosen the comparative
evaluation procedure of Sec. 101.51 and a grant is appropriate under
that procedure;
(3) A grant of the application would not cause harmful electrical
interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is legally, technically, financially and
otherwise qualified, and a grant of the application would serve the
public interest.
(c) Whenever the Commission, without a formal hearing, grants any
application in part, or subject to any terms or conditions other than
those normally applied to applications of the same type, it will inform
the applicant of the reasons therefor, and the grant will be considered
final unless the Commission revises its action (either by granting the
application as originally requested, or by designating the application
for a formal evidentiary hearing) in response to a petition for
reconsideration that:
(1) Is filed by the applicant within thirty (30) days from the date
of the letter or order giving the reasons for the partial or
conditioned grant;
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(d) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in issue,
if, upon consideration of the application, any pleadings or objections
filed, or other matters which may be officially noticed, the Commission
determines that:
(1) A substantial and material question of fact is presented;
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete, and in accordance with the
Commission's rules, regulations, and other requirements;
(3) The application is entitled to comparative consideration (under
Sec. 101.45) with another application (or applications); or
(4) The application is entitled to comparative consideration
(pursuant to Sec. 101.45) and the applicants have chosen the
comparative evaluation procedure of Sec. 101.51 but the Commission
deems such procedure to be inappropriate.
(e) The Commission may grant, deny, or take other action with
respect to an application designated for a formal hearing pursuant to
paragraph (d) of this section or part 1 of this chapter.
(f) Whenever the public interest would be served thereby the
Commission may grant one or more mutually exclusive applications
expressly conditioned upon final action on the applications, and then
either conduct a random section process (in specified services under
this rules part), designate all of the mutually exclusive applications
for a formal evidentiary hearing or (whenever so requested) follow the
comparative evaluation procedures of Sec. 101.51, as appropriate, if it
appears:
(1) That some or all of the applications were not filed in good
faith, but were filed for the purpose of delaying or hindering the
grant of another application;
(2) That the public interest requires the prompt establishment of
radio service in a particular community or area;
(3) That a delay in making a grant to any applicant until after the
conclusion of a hearing or a random selection proceeding on all
applications might jeopardize the rights of the United States under the
provision of an international agreement to the use of the frequency in
question; or
(4) That a grant of one application would be in the public interest
in that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or of the provisions of this
chapter.
(g) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.
Sec. 101.49 Grants by random selection.
(a) If an application for an authorization in the Digital
Electronic Message Service (DEMS) is mutually exclusive with another
such application and satisfies the requirements of Sec. 101.45, the
applicant may be included in the random selection process set forth in
Secs. 1.821, 1.822 and 1.825 of this chapter.
(b) Renewal applications will not be included in a random selection
process.
Sec. 101.51 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications
in services under this rules part where the random selection process
does not apply, the applicants may request the Commission to consider
their applications without a formal hearing in accordance with the
summary procedure outlined in paragraph (b) in this section if:
(1) The applications are entitled to comparative consideration
pursuant to Sec. 101.45;
(2) The applications have not been designated for formal
evidentiary hearing; and
(3) The Commission determines, initially or at any time during the
[[Page 26690]]
procedure outlined in paragraph (b) of this section, that such
procedure is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact presented (other than
those relating to the comparative merits of the applications) which
would preclude a grant under paragraphs (a) and (b) of Sec. 101.47.
(b) Provided that the conditions of paragraph (a) of this section
are satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to
the summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the Commission should exercise
its judgment to select from among the mutually exclusive applications
that proposal (or proposals) which would best serve the public
interest; and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants
the Commission (if it deems this procedure appropriate) will issue a
notice designating the comparative criteria upon which the applications
are to be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing
of comments, the Commission will accept concise and factual replies
from the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants will have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted,
and such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision will be considered final.
License Transfers, Modifications, Conditions and Forfeitures
Sec. 101.53 Assignment or transfer of station authorization.
(a) No station license, or any rights thereunder, may be
transferred, assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any
corporation or any other entity holding any such license, to any person
except upon application to the Commission and upon finding by the
Commission that the public interest, convenience and necessity will be
served thereby.
(b) For purposes of this section, transfers of control requiring
Commission approval must include any and all transactions that:
(1) Change the party controlling the affairs of the licensee; or
(2) Affect any change in a controlling interest in the ownership of
the licensee, including changes in legal or equitable ownership.
(c) Requests for transfer of control or assignment authority must
be submitted on the application form prescribed by Sec. 101.13 or
Sec. 101.15, and must be accompanied by the applicable showings
required by Secs. 101.19, 101.21, and 101.55.
(d) The Commission must be promptly notified in writing when a
licensee is voluntarily or involuntarily placed in bankruptcy or
receivership and when an individual licensee, a member of a partnership
which is a licensee, or a person directly or indirectly in control of a
corporation which is a licensee, dies or becomes legally disabled.
Within thirty days after the occurrence of such bankruptcy,
receivership, death or legal disability, an application of involuntary
assignment of such license, or involuntary transfer of control of such
corporation, must be filed with the Commission, requesting assignment
or transfer to a successor legally qualified under the laws of the
place having jurisdiction over the assets involved.
(e) The assignor of a station licensed under this part may retain
no right of reversion or reassignment of the license and may not
reserve the right to use the facilities of the station for any period
whatsoever. No assignment of license will be granted or authorized if
there is a contract or understanding, express or implied, pursuant to
which a right of reversion or reassignment of the license or right to
use the facilities are retained as partial or full consideration for
the assignment or transfer.
(f) No special temporary authority, or any rights thereunder, may
be assigned or otherwise disposed of, directly or indirectly,
voluntarily or involuntarily, without prior Commission approval.
Sec. 101.55 Considerations involving transfer or assignment
applications.
(a) Licenses may not be assigned or transferred prior to the
completion of construction of the facility. However, consent to the
assignment or transfer of control of such a license may be given prior
to the completion of construction where:
(1) The assignment or transfer does not involve a substantial
change in or ownership or control of the authorized facilities; or
(2) The assignment or transfer of control is involuntary due to the
licensee's bankruptcy, death, or legal disability.
(b) The Commission will review a proposed transaction to determine
if the circumstances indicate ``trafficking'' in licenses whenever
applications (except those involving pro forma assignment or transfer
of control) for consent to assignment of a license, or for transfer of
control of a licensee, involve facilities:
(1) Authorized following a comparative hearing and have been
operated less than one year;
(2) Involve facilities that have not been constructed; or
(3) Involve facilities that were authorized following a random
selection proceeding in which the successful applicant received
preference and that have been operated for less than one year.
(c) At its discretion, the Commission may require the submission of
an affirmative, factual showing (supported by affidavits of a person or
persons with personal knowledge thereof) to demonstrate that the
proposed assignor or transferor has not acquired an authorization or
operated a station for the principal purpose of profitable sale rather
than public service. This showing may include, for example, a
demonstration that the proposed assignment or transfer is due to
changed circumstances (described in detail) affecting the licensee
subsequent to the acquisition of the license, or that the proposed
transfer of radio facilities is incidental to a sale of other
facilities or merger of interests.
[[Page 26691]]
(d) If a proposed transfer of radio facilities is incidental to a
sale or other facilities or merger of interests, any showing requested
under paragraph (a) of this section must include an additional exhibit
that:
(1) Discloses complete details as to the sale of facilities or
merger of interests;
(2) Segregates clearly by an itemized accounting, the amount of
consideration involved in the sale of facilities or merger of
interests; and
(3) Demonstrates that the amount of consideration assignable to the
facilities or business interests involved represents their fair market
value at the time of the transaction.
(e) For the purposes of this section, the one year period is
calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent
modifications;
(2) The date of consummation of an assignment or transfer, if the
station is acquired as the result of an assignment of license, or
transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates
(determined pursuant to paragraphs (d)(1) and (2) of this section) if
the transaction involves a system (such as a Private Operational Fixed
Point-to-Point Microwave system) of two or more stations. (The median
date is that date so selected such that fifty percent of the
commencement dates of the total number of stations, when arranged in
chronological order, lie below it and fifty percent lie above it. When
the number of stations is an even number, the median date will be a
value half way between the two dates closest to the theoretical
median).
Sec. 101.57 Modification of station license.
(a) Except as provided in Sec. 101.59, no modification of a license
issued pursuant to this part (or the facilities described thereunder)
may be made except upon application to the Commission.
(b) No application for modification to extend a license
construction period will be granted for delays caused by lack of
financing or for lack of site availability. Applications for time
extensions for other reasons must include a verified statement from the
applicant showing that the licensee has made diligent efforts to
construct the facilities and:
(1) That additional time is required due to circumstances beyond
the applicant's control, in which case the applicant must describe such
circumstances and must set forth with specificity and justify the
precise extension period requested; or
(2) That there are unique and overriding public interest concerns
that justify such an extension, in which case the applicant must
identify such interests and must set forth and justify a precise
extension period.
(c) Notwithstanding the provisions of paragraph (b) of this
section, when a station license has been assigned or transferred
pursuant to Sec. 101.53, any extension of time will be limited so that
the time left to construct after Commission grant of the transfer or
assignment will be no more than the time remaining for construction at
the date of the filing of the application for transfer or assignment.
(d) Modification of license is required for the following changes
in authorized stations:
(1) Any change in frequencies used;
(2) Any change in antenna azimuth;
(3) Any change in antenna beamwidth;
(4) Any change in antenna or passive repeater location greater than
1 second or which involves a requirement for special aeronautical
study;
(5) Any change in antenna polarization;
(6) Any change in antenna height;
(7) Any change in the size of passive reflectors or repeaters
associated with the facilities of an authorized station;
(8) Any increase in emission bandwidth beyond that authorized;
(9) Any change in the type of emission;
(10) Any change in authorized equivalent isotropically radiated
power in excess of 3 dB (a 2-to-1 ratio); or
(11) Substitution of equipment having a greater frequency
tolerance.
(e) When the name of the licensee is changed (without changes in
the ownership, control, or corporate structure), or when the mailing
address is changed (without changing the authorized location of the
fixed station) a formal application for modification of license is not
required. However, the licensee must notify the Commission within
thirty days of the effective date of these changes. The notice, which
may be in letter form, must contain the name and address of the
licensee as they appear in the Commission's records, the new name or
address, the call signs and classes of all radio stations authorized to
the licensee under this part and the radio service in which each
station is authorized. The notice must be sent to the Federal
Communications Commission, Gettysburg, PA 17325 and a copy must be
maintained with the license of each station until a new license is
issued.
Sec. 101.59 Processing of applications for facility minor
modifications.
(a) Unless an applicant is notified to the contrary by the
Commission, as of the twenty-first day following the date of public
notice, any application that meets the requirements of paragraph (b) of
this section and proposes only the change specified in paragraph (c) of
this section will be deemed to have been authorized by the Commission.
(b) An application may be considered under the procedures of this
section only if:
(1) It is in the Private Operational Fixed Point-to-Point
Microwave, Common Carrier Fixed Point-to-Point Microwave, Local
Television Transmission, or Digital Electronic Message Services;
(2) The cumulative effect of all such applications made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section;
(3) The facilities to be modified are not located within 56.3
kilometers (35 miles) of the Canadian or Mexican border;
(4) It is acceptable for filing, is consistent with all of the
Commission's rules, and does not involve a waiver request;
(5) It specifically requests consideration pursuant to this
section; and
(6) Written notice of such filing has been provided to all parties
otherwise required to be provided a prior coordination notice in
accordance with Sec. 101.103(d) or, in the Digital Electronic Message
Services, a copy of the application has been served on those who also
were served under Sec. 101.509.
(c) The modifications that may be authorized under the procedures
of this section are:
(1) Changes in a transmitter and existing transmitter operating
characteristics, or protective configuration of transmitter, provided
that:
(i) In all radio services other than Digital Electronic Message
Service, any increase in equivalent isotropically radiated power is
less than 3 dB over the previously authorized output power, and in
Digital Electronic Message Service, any increase in equivalent
isotropically radiated power is 1.5 dB or less over the previously
authorized equivalent isotropically radiated power;
(ii) The necessary bandwidth is not increased beyond the previously
authorized bandwidth;
(2) Changes in the center line height of an antenna, provided that:
(i) In all radio services except the Digital Electronic Message
Service, any
[[Page 26692]]
increase in antenna height is less than 3.0 meters (10 feet) above the
previously authorized height;
(ii) In the Digital Electronic Message Service, any increase in
antenna height is less than 3.0 meters (10 feet) above the previously
authorized height; and
(iii) The overall height of the antenna structure is not increased
as a result of the antenna extending above the height of the previously
authorized structure, except when the new height of the antenna
structure is 6.1 meters (20 feet) or less (above ground or man-made
structure, as appropriate) after the change is made.
(3) Change in the geographical coordinates of a transmit station,
receive station or passive facility by five (5) seconds or less of
latitude, longitude or both, provided that when notice to the FAA of
proposed construction is required by part 17 of this chapter for
antenna structure at the previously authorized coordinates (or will be
required at the new location) the applicant must comply with the
provisions of Sec. 101.21(a).
(d) Upon grant of an application under the procedure of this
section and at such time that construction begins, the applicant must
keep a complete copy of the application (including the filing date)
with the station license if construction begins prior to receipt of the
authorization.
Sec. 101.61 Certain modifications not requiring prior authorization.
(a) Equipment in an authorized radio station may be replaced
without prior authorization or notification if the replacement
equipment is equivalent to the replaced equipment.
(b) Licensees of fixed stations in the Private Operational Fixed
Point-to-Point Microwave, Common Carrier Fixed Point-to-Point
Microwave, Local Television Transmission, or Digital Electronic Message
Services, may make the facility changes listed in paragraph (c) of this
section without obtaining prior Commission authorization, if:
(1) Frequency coordination procedures, as necessary, are complied
with in accordance with Sec. 101.103(d) or, in the Digital Electronic
Message Services, a copy of the notification described in paragraph
(b)(3) of this section is served on those who were served under
Sec. 101.509; and
(2) The cumulative effect of all facility changes made within any
60 day period does not exceed the appropriate values prescribed by
paragraph (c) of this section; and
(3) The Commission is notified of changes made to facilities by the
submission of a completed FCC Form 494 within thirty days after the
changes are made.
(c) Modifications that may be made without prior authorization
under paragraph (b) of this section are:
(1) Change or modification of a transmitter, when:
(i) The replacement or modified transmitter is type-accepted (or
type-notified) for use under this part and is installed without
modification from the type-accepted (or type notified) configuration;
(ii) The type of modulation is not changed;
(iii) The frequency stability is equal to or better than the
previously authorized frequency stability; and
(iv) The necessary bandwidth and the output power do not exceed the
previously authorized values.
(2) Addition or deletion of a transmitter for protection without
changing the authorized power output (e.g. hot standby transmitters);
(3) Change to an antenna (other than any change involving a
periscope antenna system), when:
(i) For the Private Operational Fixed Point-to-Point Microwave,
Common Carrier Fixed Point-to-Point Microwave, and Local Television
Transmission Services, the new antenna conforms to the requirements of
Sec. 101.115 and has essentially the same or better radiation
characteristics than the previously authorized antenna;
(ii) For the Digital Electronic Message Service, the new antenna
conforms with Sec. 101.517 and the gain of the new antenna does not
exceed that of the previously authorized antenna by more than one dB in
an
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