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), subpart I (Common Carrier Fixed 
Point-to-Point Microwave Service), and subpart L of this part (Local 
Multipoint Distribution 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 reason. Any construction conducted under this 
paragraph is at the applicant's sole risk.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23164 , Apr. 29, 1997]

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