Sec. 22.901  Cellular service requirements and limitations.

    Cellular system licensees must provide cellular mobile 
radiotelephone service upon request to all cellular subscribers in good 
standing, including roamers, while such subscribers are located within 
any portion of the authorized cellular geographic service area (see 
Sec. 22.911) where facilities have been constructed and mobile service 
to subscribers has commenced. A cellular system licensee may refuse or 
terminate service, however, subject to any applicable state or local 
requirements for timely notification to any subscriber who operates a 
cellular telephone in an airborne aircraft in violation of Sec. 22.925 
or otherwise fails to cooperate with the licensee in exercising 
operational control over mobile stations pursuant to Sec. 22.927.
    (a) Service area information. Licensees must inform prospective 
subscribers of

[[Page 188]]

the area in which reliable service can be expected.
    (b) Lack of capacity. If a licensee refuses a request for cellular 
service because of a lack of system capacity, it must report that fact 
to the FCC in writing, explaining how it plans to increase capacity.
    (c) Dispatch service. Cellular systems may provide dispatch service.
    (d) Alternative technologies and co-primary services. Licensees of 
cellular systems may use alternative cellular technologies and/or 
provide fixed services on a co-primary basis with their mobile 
offerings, including personal communications services (as defined in 
Part 24 of this chapter) on the spectrum within their assigned channel 
block. Cellular carriers that provide mobile services must make such 
service available to subscribers whose mobile equipment conforms to the 
cellular system compatibility specification (see Sec. 22.933).
    (1) Licensees must perform or obtain an engineering analysis to 
ensure that interference to the service of other cellular systems will 
not result from the implementation of co-primary fixed services or 
alternative cellular technologies.
    (2) Alternative technology and co-primary fixed services are exempt 
from the channeling requirements of Sec. 22.905, the modulation 
requirements of Sec. 22.915, the wave polarization requirements of 
Sec. 22.367, the compatibility specification in Sec. 22.933 and the 
emission limitations of Secs. 22.357 and 22.917, except for emission 
limitations that apply to emissions outside the assigned channel block.
[ 59 FR 59507 , Nov. 17, 1994;  59 FR 64856 , Dec. 16, 1994, as amended at 
 60 FR 15495 , Mar. 24, 1995;  61 FR 38403 , July 24, 1996;  61 FR 45356 , 
Aug. 29, 1996]