Sec.  22.539   Additional channel policies.

   

   Link to an amendment published at  70 FR 19309 , Apr. 13, 2005.

   The rules in this subsection govern the processing of applications for
   a paging channel when the applicant has applied for or been granted an
   authorization for other paging channels in the same geographic area.
   This section applies to applications proposing to use the channels
   listed in Sec. 22.531, excluding the nationwide network paging channels
   and broadcast station subcarriers, or the channels listed in Sec. 22.561,
   where the application proposes to use those channels to provide paging
   service only. The general policy of the Commission is to assign one
   paging channel in an area to a carrier per application cycle. That is,
   a carrier must apply for one paging channel, receive the
   authorization, construct the station, provide service to the
   subscribers, and notify the Commission of commencement of service to
   subscribers by using FCC Form 601 before applying for an additional
   paging channel in that area. This notification must be sent by
   electronic filing via the ULS.

   (a) VHF transmitters in same area. Any transmitter on any VHF channel
   listed in Sec. 22.531 is considered to be in the same geographic area as
   another transmitter on any other VHF channel listed in Sec. 22.531 if:

   (1) One transmitter location is within the service area of the other
   transmitter; or,

   (2) The area within the overlap of the service contours of the two
   transmitters constitutes 50 percent or more of the service area of
   either of the transmitters.

   (b) 931 MHz transmitters in same area. Any transmitter on any 931 MHz
   channel is considered to be in the same geographic area as another
   transmitter on any channel listed in Sec. 22.531 if it is located less
   than 64.4 kilometers (40 miles) from the transmitter. Likewise, any
   transmitter on any channel listed in Sec. 22.531 is considered to be in
   the same geographic area as another transmitter on any 931 MHz channel
   if it is located less than 64.4 kilometers (40 miles) from that
   transmitter.

   (c) Initial channel. The FCC will not assign more than one channel for
   new paging stations. Paging stations are considered to be new if there
   are no authorized transmitters on any channel listed in Sec. 22.531
   controlled by the applicant in the same geographic area.

   (d) Additional channel. Applications for transmitters to be located in
   the same geographic area as an authorized station controlled by the
   applicant, but to operate on a different channel, are considered as
   requesting an additional channel for the authorized station, unless
   paragraph (e) of this section applies.

   (e) Additional transmitters on same channel. Notwithstanding other
   provisions of this section, the following applications are not
   considered to be requests for an additional paging channel:

   (1) Applications for transmitters to be located in the same geographic
   area as an authorized station controlled by the applicant, and to
   operate on the same paging channel;

   (2) Applications for transmitters to be located within a paging
   geographic area for which the applicant holds the paging geographic
   area authorization for the requested channel; and,

   (3) Applications for paging geographic area authorizations.

   (f) Amendment of pending application. If the FCC receives and accepts
   for filing an application for a transmitter to be located in the same
   geographic area as a transmitter proposed in a pending application
   previously filed by the applicant, but on a different channel, the
   subsequent application is considered as a major amendment to change
   the technical proposal of the prior application, unless paragraph (e)
   applies. The filing date of any application so amended is the date the
   FCC received the subsequent application.

   (g) Dismissal of premature applications for additional channel. If the
   FCC receives an application requesting an additional channel for an
   authorized station prior to receiving notification that the station is
   providing service to subscribers on the authorized channel(s), the FCC
   may dismiss that application without prejudice in accordance with
   Sec. 22.128.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  62 FR 11635 , Mar. 12, 1997;
    63 FR 68945 , Dec. 14, 1998]