Sec. 22.503  Paging geographic area authorizations.

    The FCC considers applications for and issues paging geographic area 
authorizations in the Paging and Radiotelephone Service in accordance 
with the rules in this section. Each paging geographic area 
authorization contains conditions requiring compliance with paragraphs 
(h) and (i) of this section.
    (a) Channels. The FCC may issue a paging geographic area 
authorization for any channel listed in Sec. 22.531 of this part or for 
any channel pair listed in Sec. 22.561 of this part.
    (b) Paging geographic areas. The paging geographic areas are as 
follows:
    (1) The Nationwide paging geographic area comprises the District of 
Columbia and all States, Territories and possessions of the United 
States of America.
    (2) The Major Trading Areas (MTAs) as defined in the Rand McNally 
1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, 
with the following changes and additions:
    (i) The Seattle paging geographic area does not include Alaska.
    (ii) Alaska is a paging geographic area.
    (iii) Guam and the Northern Mariana Islands (combined) are a paging 
geographic area.
    (iv) Puerto Rico and the United States Virgin Islands (combined) are 
a paging geographic area.
    (v) American Samoa is a paging geographic area.
    (3) The Economic Areas (EAs), as defined by the Department of 
Commerce, Bureau of Economic Analysis.
    (c) Availability. The FCC may determine whether to issue a paging 
geographic area authorization for any specific channel or channel pair 
in any specific paging geographic area. The FCC may replace existing 
site specific authorizations for facilities on a channel or channel pair 
located in a paging geographic area with a paging geographic area 
authorization for that channel or channel pair, if in its sole 
discretion, the FCC determines that the public interest would be served 
by such replacement.
    (d) Filing windows. The FCC accepts applications for paging 
geographic area authorizations only during filing windows. The FCC 
issues Public Notices announcing in advance the dates of the filing 
windows, and the specific paging geographic areas and channels for which 
applications may be accepted.
    (e) One grant per geographic area. The FCC may grant one and only 
one application for a paging geographic area authorization for any 
specific channel or channel pair in any specific paging geographic area 
defined in paragraph (b) of this section. Selection from among mutually 
exclusive applications for a paging geographic area authorization will 
be made in accordance with the procedures in Secs. 22.131 and 22.200 
through 22.299. If after the selection process but prior to filing a 
``long form'' application, a successful bidder decides to partition the 
paging geographic area, the FCC may require and accept multiple ``long 
form'' applications from the consortium members.
    (f) Exclusive right to expand. During the term of a paging 
geographic area authorization, the FCC does not accept, from anyone 
other than the paging geographic area licensee, any major application 
for authorization to operate a facility that would serve unserved area 
within the paging geographic area specified in that paging geographic 
area authorization, on the channel specified in that paging geographic 
area authorization, unless any extension of the interfering contour of 
the proposed facility falls:

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    (1) Within the composite interfering contour of another licensee; 
or,
    (2) Into unserved area and the paging geographic area licensee 
consents to such extension.
    (g) Subsequent applications not accepted. During the term of a 
paging geographic area authorization, the FCC does not accept any 
application for authorization relating to a facility that is or would be 
located within the paging geographic area specified in that paging 
geographic area authorization, on the channel specified in that paging 
geographic area authorization, except in the following situations:
    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
Sec. 1.1307 of this chapter. See Sec. 22.115(a)(5).
    (2) Specific international coordination procedures are required, 
prior to assignment of a channel to the facility, pursuant to a treaty 
or other agreement between the United States government and the 
government of Canada or Mexico. See Sec. 22.169.
    (3) The paging geographic area licensee or another licensee of a 
system within the paging geographic area applies to assign its 
authorization or for FCC consent to a transfer of control.
    (h) Adjacent geographic area coordination required. Before 
constructing a facility for which the interfering contour (as defined in 
Sec. 22.537 or Sec. 22.567, as appropriate for the channel involved) 
would extend into another paging geographic area, a paging geographic 
area licensee must obtain the consent of the relevant co-channel paging 
geographic area licensee, if any, into whose area the interfering 
contour would extend. In the event that there is no co-channel paging 
geographic area licensee from whom to obtain consent in the area into 
which the interfering contour would extend, the facility may be 
constructed and operated subject to the condition that, at such time as 
the FCC issues a paging geographic area license for that adjacent 
geographic area, either consent must be obtained or the facility 
modified or eliminated such that the interfering contour no longer 
extends into the adjacent geographic area.
    (i) Protection of existing service. All facilities constructed and 
operated pursuant to a paging geographic area authorization must provide 
co-channel interference protection in accordance with Sec. 22.537 or 
Sec. 22.567, as appropriate for the channel involved, to all co-channel 
facilities of other licensees within the paging geographic area that 
were authorized on May 12, 1997 and have remained authorized 
continuously since that date.
    (j) Site location restriction. The transmitting antenna of each 
facility constructed and operated pursuant to a paging geographic area 
authorization must be located within the paging geographic area 
specified in the authorization.
    (k) Coverage requirements. Failure by a paging geographic area 
licensee to meet either of the coverage requirements in paragraphs 
(k)(1) and (k)(2) of this section, or alternatively, the substantial 
service requirement in paragraph (k)(3) of this section, may result in 
automatic termination or non-renewal of a paging geographic area 
license. For the purpose of this paragraph, to ``cover'' area means to 
include geographic area within the composite of the service contour(s) 
determined by the methods of Secs. 22.537 or 22.567, as appropriate for 
the particular channel involved. Licensees may determine the population 
of geographic areas included within their service contours using either 
the 1990 census or the 2000 census, but not both.
    (1) No later than three years after the initial grant of a paging 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover one third of the 
population in the paging geographic area. The licensee must notify the 
FCC (FCC Form 489), no later than 15 days after the end of the three 
year period, either that it has satisfied this requirement or that it 
plans to satisfy the alternative requirement to provide substantial 
service in accordance with paragraph (k)(3) of this section.
    (2) No later than five years after the initial grant of a paging 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover two

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thirds of the population in the paging geographic area. The licensee 
must notify the FCC (FCC Form 489), no later than 15 days after the end 
of the five year period, either that it has satisfied this requirement 
or that it has satisfied the alternative requirement to provide 
substantial service in accordance with paragraph (k)(3) of this section.
    (3) As an alternative to the coverage requirements of paragraphs 
(k)(1) and (k)(2) of this section, the paging geographic area licensee 
may demonstrate that, no later than five years after the initial grant 
of its paging geographic area authorization, it provides substantial 
service to the paging geographic area. ``Substantial service'' means 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.
[ 62 FR 11633 , Mar. 12, 1997]