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) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined
   below. EAs are defined by the Department of Commerce, Bureau of
   Economic Analysis. See Final Redefinition of the MEA Economic Areas,
    60 FR 13114  (March 10, 1995). MEAs are based on EAs. In addition to
   the Department of Commerce's 172 EAs, the FCC shall separately license
   Guam and the Northern Mariana Islands, Puerto Rico and the United
   States Virgin Islands, and American Samoa, which have been assigned
   FCC-created EA numbers 173-175, respectively, and MEA numbers 49-51,
   respectively.

   (3) The 51 MEAs are composed of one or more EAs as defined in the
   following table:


------------------------------------------------------------------------
                   MEAs                                  EAs
------------------------------------------------------------------------
1 (Boston)................................  1-3.
2 (New York City).........................  4-7, 10.
3 (Buffalo)...............................  8.
4 (Philadelphia)..........................  11-12.
5 (Washington)............................  13-14.
6 (Richmond)..............................  15-17, 20.
7 (Charlotte-Greensboro-Greenville-         18-19, 21-26, 41-42, 46.
 Raleigh).
8 (Atlanta)...............................  27-28, 37-40, 43.
9 (Jacksonville)..........................  29, 35.
10 (Tampa-St. Petersburg-Orlando).........  30, 33-34.
11 (Miami)................................  31-32.
12 (Pittsburgh)...........................  9, 52-53.
13 (Cincinnati-Dayton)....................  48-50.
14 (Columbus).............................  51.
15 (Cleveland)............................  54-55.
16 (Detroit)..............................  56-58, 61-62.
17 (Milwaukee)............................  59-60, 63, 104-105, 108.
18 (Chicago)..............................  64-66, 68, 97, 101.
19 (Indianapolis).........................  67.
20 (Minneapolis-St. Paul).................  106-107, 109-114, 116.
21 (Des Moines-Quad Cities)...............  100, 102-103, 117.
22 (Knoxville)............................  44-45.
23 (Louisville-Lexington-Evansville)......  47, 69-70, 72.
24 (Birmingham)...........................  36, 74, 78-79.
25 (Nashville)............................  71.
26 (Memphis-Jackson)......................  73, 75-77.
27 (New Orleans-Baton Rouge)..............  80-85.
28 (Little Rock)..........................  90-92, 95.
29 (Kansas City)..........................  93, 99, 123.
30 (St. Louis)............................  94, 96, 98.
31 (Houston)..............................  86-87, 131.
32 (Dallas-Fort Worth)....................  88-89, 127-130, 135, 137-
                                             138.
33 (Denver)...............................  115, 140-143.
34 (Omaha)................................  118-121.
35 (Wichita)..............................  122.
36 (Tulsa)................................  124.
37 (Oklahoma City)........................  125-126.
38 (San Antonio)..........................  132-134.
39 (El Paso-Albuquerque)..................  136, 139, 155-157.
40 (Phoenix)..............................  154, 158-159.
41 (Spokane-Billings).....................  144-147, 168.
42 (Salt Lake City).......................  148-150, 152.
43 (San Francisco-Oakland-San Jose).......  151, 162-165.
44 (Los Angeles-San Diego)................  153, 160-161.
45 (Portland).............................  166-167.
46 (Seattle)..............................  169-170.
47 (Alaska)...............................  171.
48 (Hawaii)...............................  172.
49 (Guam and the Northern Mariana Islands)  173.
50 (Puerto Rico and U.S. Virgin Islands)..  174.
51 (American Samoa).......................  175.
------------------------------------------------------------------------

   (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
   Sec. Sec. 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:

   (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 of this part, 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. Licensees are expected to
   cooperate fully and in good faith attempt to resolve potential
   interference problems before bringing matters to the FCC. 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 authorization 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 authorized
   co-channel facilities of exclusive licensees within the paging
   geographic area. Non-exclusive licensees on the thirty-five exclusive
   929 MHz channels are not entitled to exclusive status, and will
   continue to operate under the sharing arrangements established with
   the exclusive licensees and other non-exclusive licensees that were in
   effect prior to February 19, 1997. MEA, EA, and nationwide geographic
   area licensees have the right to share with non-exclusive licensees on
   the thirty-five exclusive 929 MHz channels on a non-interfering basis.

   (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 an MEA or EA licensee to meet
   either 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, will result in automatic termination
   of authorizations for those facilities that were not authorized,
   constructed, and operating at the time the geographic area
   authorization was granted. MEA and EA licensees have the burden of
   showing when their facilities were authorized, constructed, and
   operating, and should retain necessary records of these sites until
   coverage requirements are fulfilled. 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
   Sec. Sec. 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 an MEA or EA
   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 at the end of the three-year period pursuant to Sec. 1.946
   of this chapter, 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 an MEA or EA
   geographic area authorization, the licensee must construct or
   otherwise acquire and operate sufficient facilities to cover two
   thirds of the population in the paging geographic area. The licensee
   must notify the FCC at the end of the five year period pursuant to
   Sec. 1.946 of this chapter, 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, as amended at  63 FR 68945 , Dec. 14, 1998;
    64 FR 33782 , June 24, 1999]