Sec. 101.139  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations or for 
fixed

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point-to-point operation pursuant to subparts H and I of this part, each 
transmitter must be a type which has been type accepted by the 
Commission for use under the applicable rules of this part. Transmitters 
used in the private operational fixed and common carrier fixed point-to-
point microwave services under subparts H and I of this part must be of 
a type that has been either notified or type accepted by the Commission 
(see Sec. 2.904(d) of this chapter). Effective March 5, 1984, only 
grants of notification will be issued for transmitters used exclusively 
for fixed point-to-point operation. Transmitters designed for use in the 
31.0 to 31.3 GHz band will be authorized under the notification 
procedure.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request type acceptance or notification by 
following the applicable procedures set forth in part 2 of this chapter. 
Type accepted and notified transmitters are included in the Commission's 
Radio Equipment List. Copies of this list are available for inspection 
at the Commission's office in Washington, DC and at each of its field 
offices.
    (c) Type acceptance or notification for an individual transmitter 
may also be requested by an applicant for a station authorization, 
pursuant to the procedures set forth in part 2 of this chapter. An 
individual transmitter will not normally be included in the Radio 
Equipment List but will be enumerated on the station authorization.
    (d) A transmitter presently shown on an instrument of authorization, 
which operates on an assigned frequency in the 890-940 MHz band and has 
not been type accepted, may continue to be used by the licensee without 
type acceptance provided such transmitter continues otherwise to comply 
with the applicable rules and regulations of the Commission.
    (e) Type acceptance or notification is not required for portable 
transmitters operating with peak output power not greater than 250 mW. 
If operation of such equipment causes harmful interference the FCC may, 
at its discretion, require the licensee to take such corrective action 
as is necessary to eliminate the interference.
    (f) After July 15, 1996, the manufacture (except for export) or 
importation of equipment employing digital modulation techniques in the 
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz 
bands must meet the minimum payload capacity requirements of 
Sec. 101.141.