Sec. 101.59  Processing of applications for facility minor 
          modifications.

    (a) Except in the Local Multipoint Distribution Service as provided 
in Sec. 101.61(c)(10), 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, Digital Electronic Message Services, and Local Multipoint 
Distribution 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) Any increase in equivalent isotropically radiated power is less 
than 3 dB over the previously authorized output 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) Any increase in antenna height is less than 3.0 meters (10 feet) 
above the previously authorized height;
    (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 (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,

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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.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23165 , Apr. 29, 1997;  62 FR 24582 , May 6, 1997]