Sec. 21.41  Special processing of applications for minor facility 
          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 shall 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 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).
    (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

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copy of the application (including the filing date) with the station 
license if construction is commenced prior to the receipt of the 
authorization.
[ 52 FR 37780 , Oct. 9, 1987, as amended at  55 FR 46009 , Oct. 31, 1990;  58 FR 44894 , Aug. 25, 1993;  60 FR 36552 , July 17, 1995;  61 FR 4364 , Feb. 6, 
1996;  61 FR 26674 , May 28, 1996]