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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 22—PUBLIC MOBILE SERVICES
___________________________________
Section Contents
Subpart A—Scope and Authority
§ 22.1 Basis and purpose.
§ 22.3 Authorization required.
§ 22.5 Citizenship.
§ 22.7 General eligibility.
§ 22.99 Definitions.
Subpart B—Licensing Requirements and Procedures
Applications and Notifications
§ 22.107 General application requirements.
§ 22.131 Procedures for mutually exclusive applications.
§ 22.143 Construction prior to grant of application.
§ 22.150 Standard pre-filing technical coordination procedure.
§ 22.165 Additional transmitters for existing systems.
§ 22.169 International coordination of channel assignments.
Competitive Bidding Procedures
§ 22.201 Paging geographic area authorizations are subject to competitive
bidding.
§§ 22.203-22.211 [Reserved]
§ 22.213 Filing of long-form applications.
§ 22.215 [Reserved]
§ 22.217 Bidding credit for small businesses.
§ 22.221 Eligibility for partitioned licenses.
§ 22.223 Designated entities.
§ 22.225 Certifications, disclosures, records maintenance, and
definitions.
§ 22.227 Petitions to deny and limitations on settlements.
§ 22.228 Cellular rural service area licenses subject to competitive
bidding.
§ 22.229 Designated entities.
Subpart C—Operational and Technical Requirements
Operational Requirements
§ 22.301 Station inspection.
§ 22.303 Retention of station authorizations; identifying transmitters.
§ 22.305 Operator and maintenance requirements.
§ 22.307 Operation during emergency.
§ 22.313 Station identification.
§ 22.317 Discontinuance of station operation.
§ 22.321 Equal employment opportunities.
§ 22.325 Control points.
Technical Requirements
§ 22.351 Channel assignment policy.
§ 22.352 Protection from interference.
§ 22.353 Blanketing interference.
§ 22.355 Frequency tolerance.
§ 22.357 Emission types.
§ 22.359 Emission limitations.
§ 22.365 Antenna structures; air navigation safety.
§ 22.371 Disturbance of AM broadcast station antenna patterns.
§ 22.377 Certification of transmitters.
§ 22.383 In-building radiation systems.
Subpart D—Developmental Authorizations
§ 22.401 Description and purposes of developmental authorizations.
§ 22.403 General limitations.
§ 22.409 Developmental authorization for a new Public Mobile Service or
technology.
§ 22.413 Developmental authorization of 72–76 MHz fixed transmitters.
Subpart E—Paging and Radiotelephone Service
§ 22.501 Scope.
§ 22.503 Paging geographic area authorizations.
§ 22.507 Number of transmitters per station.
§ 22.509 Procedures for mutually exclusive applications in the Paging and
Radiotelephone Service.
§ 22.511 Construction period for the Paging and Radiotelephone Service.
§ 22.513 Partitioning and disaggregation.
§ 22.515 Permissible communications paths.
§ 22.527 Signal boosters.
§ 22.529 Application requirements for the Paging and Radiotelephone
Service.
Paging Operation
§ 22.531 Channels for paging operation.
§ 22.535 Effective radiated power limits.
§ 22.537 Technical channel assignment criteria.
§ 22.559 Paging application requirements.
One-way or Two-way Mobile Operation
§ 22.561 Channels for one-way or two-way mobile operation.
§ 22.565 Transmitting power limits.
§ 22.567 Technical channel assignment criteria.
§ 22.571 Responsibility for mobile stations.
§ 22.573 Use of base transmitters as repeaters.
§ 22.575 Use of mobile channel for remote control of station functions.
§ 22.579 Operation of mobile transmitters across U.S.-Canada border.
§ 22.589 One-way or two-way application requirements.
Point-to-Point Operation
§ 22.591 Channels for point-to-point operation.
§ 22.593 Effective radiated power limits.
§ 22.599 Assignment of 72–76 MHz channels.
§ 22.601 Existing microwave stations licensed under this part.
§ 22.602 Transition of the 2110–2130 and 2160–2180 MHz channels to
emerging technologies.
§ 22.603 488–494 MHz fixed service in Hawaii.
Point-to-Multipoint Operation
§ 22.621 Channels for point-to-multipoint operation.
§ 22.623 System configuration.
§ 22.625 Transmitter locations.
§ 22.627 Effective radiated power limits.
470–512 MHz Trunked Mobile Operation
§ 22.651 470–512 MHz channels for trunked mobile operation.
§ 22.653 Eligibility.
§ 22.657 Transmitter locations.
§ 22.659 Effective radiated power limits.
Subpart F—Rural Radiotelephone Service
§ 22.701 Scope.
§ 22.702 Eligibility.
§ 22.703 Separate rural subscriber station authorization not required.
§ 22.705 Rural radiotelephone system configuration.
§ 22.709 Rural radiotelephone service application requirements.
§ 22.711 Provision of information to applicants.
§ 22.713 Construction period for rural radiotelephone stations.
§ 22.715 Technical channel assignment criteria for rural radiotelephone
stations.
§ 22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
§ 22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
§ 22.721 Geographic area authorizations.
§ 22.723 Secondary site-by-site authorizations.
§ 22.725 Channels for conventional rural radiotelephone stations and basic
exchange telephone radio systems.
§ 22.727 Power limits for conventional rural radiotelephone transmitters.
§ 22.731 Emission limitations.
§ 22.733 Priority of service.
§ 22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
§ 22.757 Channels for basic exchange telephone radio systems.
§ 22.759 Power limit for BETRS.
Subpart G—Air-Ground Radiotelephone Service
§ 22.801 Scope.
General Aviation Air-Ground Stations
§ 22.805 Channels for general aviation air-ground service.
§ 22.807 General aviation air-ground application requirements.
§ 22.809 Transmitting power limits.
§ 22.813 Technical channel pair assignment criteria.
§ 22.815 Construction period for general aviation ground stations.
§ 22.817 Additional channel policies.
Commercial Aviation Air-Ground Systems
§ 22.853 Eligibility to hold interest in licenses limited to 3 MHz of
spectrum.
§ 22.857 Channel plan for commercial aviation air-ground systems.
§ 22.859 Incumbent commercial aviation air-ground systems.
§ 22.861 Emission limitations.
§ 22.863 Frequency stability.
§ 22.867 Effective radiated power limits.
§ 22.873 Construction requirements for commercial aviation air-ground
systems.
§ 22.877 Unacceptable interference to Part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.
§ 22.878 Obligation to abate unacceptable interference.
§ 22.879 Interference resolution procedures.
§ 22.880 Information exchange.
§ 22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
§ 22.882 Designated entities.
Subpart H—Cellular Radiotelephone Service
§ 22.900 Scope.
§ 22.901 Cellular service requirements and limitations.
§ 22.905 Channels for cellular service.
§ 22.907 Coordination of channel usage.
§ 22.909 Cellular markets.
§ 22.911 Cellular geographic service area.
§ 22.912 Service area boundary extensions.
§ 22.913 Effective radiated power limits.
§ 22.917 Emission limitations for cellular equipment.
§ 22.921 911 call processing procedures; 911-only calling mode.
§ 22.923 Cellular system configuration.
§ 22.925 Prohibition on airborne operation of cellular telephones.
§ 22.927 Responsibility for mobile stations.
§ 22.929 Application requirements for the Cellular Radiotelephone Service.
§ 22.935 Procedures for comparative renewal proceedings.
§ 22.936 Dismissal of applications in cellular renewal proceedings.
§ 22.939 Site availability requirements for applications competing with
cellular renewal applications.
§ 22.940 Criteria for comparative cellular renewal proceedings.
§ 22.943 Limitations on transfer of control and assignment for
authorizations issued as a result of a comparative renewal proceeding.
§ 22.946 Service commencement and construction systems.
§ 22.947 Five year build-out period.
§ 22.948 Partitioning and Disaggregation.
§ 22.949 Unserved area licensing process.
§ 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA)
§ 22.951 Minimum coverage requirement.
§ 22.953 Content and form of applications.
§ 22.955 Canadian condition.
§ 22.957 Mexican condition.
§ 22.959 Rules governing processing of applications for initial systems.
§ 22.960 Cellular unserved area radiotelephone licenses subject to
competitive bidding.
§§ 22.961-22.967 [Reserved]
§ 22.969 Cellular RSA licenses subject to competitive bidding.
§ 22.970 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90–800 MHz cellular systems.
§ 22.971 Obligation to abate unacceptable interference.
§ 22.972 Interference resolution procedures.
§ 22.973 Information exchange.
Subpart I—Offshore Radiotelephone Service
§ 22.1001 Scope.
§ 22.1003 Eligibility.
§ 22.1005 Priority of service.
§ 22.1007 Channels for offshore radiotelephone systems.
§ 22.1009 Transmitter locations.
§ 22.1011 Antenna height limitations.
§ 22.1013 Effective radiated power limitations.
§ 22.1015 Repeater operation.
§ 22.1025 Permissible communications.
§ 22.1031 Temporary fixed stations.
§ 22.1035 Construction period.
§ 22.1037 Application requirements for offshore stations.
___________________________________
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
Source: 59 FR 59507 , Nov. 17, 1994, unless otherwise noted.
Subpart A—Scope and Authority
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§ 22.1 Basis and purpose.
top
This section contains a concise general statement of the basis and purpose
of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications Act of
1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the requirements and
conditions under which radio stations may be licensed and used in the Public
Mobile Services.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19307 , Apr. 13, 2005]
§ 22.3 Authorization required.
top
Stations in the Public Mobile Services must be used and operated only in
accordance with the rules in this part and with a valid authorization
granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights beyond the
terms, conditions and period specified in the authorization. Authorizations
may be granted upon proper application, provided that the FCC finds that the
applicant is qualified in regard to citizenship, character, financial,
technical and other criteria, and that the public interest, convenience and
necessity will be served. See 47 U.S.C. 301, 308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations in the
Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service, is included in the authorization held by the
licensee providing service to them. Subscribers are not required to apply
for, and the FCC does not accept applications from subscribers for,
individual mobile or fixed station authorizations in the Public Mobile
Services, except that individual authorizations are required to operate
rural subscriber stations in the Rural Radiotelephone Service under certain
circumstances. See §22.703.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19307 , Apr. 13, 2005]
§ 22.5 Citizenship.
top
The rules in this section implement section 310 of the Communications Act of
1934, as amended (47 U.S.C. §310), in regard to the citizenship of licensees
in the Public Mobile Services.
(a) Foreign governments. The FCC will not grant an authorization in the
Public Mobile Services to any foreign government or any representative
thereof.
(b) Alien ownership or control. The FCC will not grant an authorization in
the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign government;
(3) Any corporation of which more than one-fifth of the capital stock is
owned of record or voted by aliens or their representatives or by a foreign
government or representative thereof, or by any corporation organized under
the laws of a foreign country;
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned of
record or voted by aliens, their representatives, or by a foreign government
or representative thereof, or by any corporation organized under the laws of
a foreign country, if the FCC finds that the public interest will be served
by the refusal or revocation of such license.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 55580 , Oct. 28, 1996]
§ 22.7 General eligibility.
top
Any entity, other than those precluded by section 310 of the Communications
Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under
this part. Applications are granted only if the applicant is legally,
financially, technically and otherwise qualified to render the proposed
service.
[ 70 FR 19307 , Apr. 13, 2005]
§ 22.99 Definitions.
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Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which licensees are
authorized to offer and provide radio telecommunications service for hire to
subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone Service
authorized for use on aircraft while in flight or on the ground.
Antenna structure. A structure comprising an antenna, the tower or other
structure that exists solely to support antennas, and any surmounting
appurtenances (attachments such as beacons or lightning rods).
Antenna. A device that converts radio frequency electrical energy to
radiated electromagnetic energy and vice versa; in a transmitting station,
the device from which radio waves are emitted.
Authorized bandwidth. The necessary or occupied bandwidth of an emission,
whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the authorized
transmitter(s) must be contained, in accordance with the rules in this part.
The authorized spectrum comprises one channel bandwidth or the bandwidths of
two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public Mobile
systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including those
associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located in the
immediate vicinity of a transmitter, caused by currents directly induced
into the consumer receiver's circuitry by the relatively high field strength
of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service, transmitters
added to the first cellular system authorized on a channel block in a
cellular market during the five year build-out period in order to expand the
coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially on the
ground from an antenna location in the following azimuths with respect to
true North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, 315°.
Carrier frequency. The frequency of the unmodulated electrical wave at the
output of an amplitude modulated (AM), frequency modulated (FM) or phase
modulated (PM) transmitter.
Cell . The service area of an individual transmitter location in a cellular
system.
Cellular Geographic Service Area. The geographic area served by a cellular
system, within which that system is entitled to protection and adverse
effects are recognized, for the purpose of determining whether a petitioner
has standing. See §22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
§22.909.
Cellular Radiotelephone Service. A radio service in which licensees are
authorized to offer and provide cellular service for hire to the general
public. This service was formerly titled Domestic Public Cellular Radio
Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a stationary
transmitter or device that automatically re-radiates the transmissions of
base transmitters at a particular cell site and mobile stations
communicating with those base transmitters, with or without channel
translation.
Cellular service. Radio telecommunication services provided using a cellular
system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting power
and automatic hand-off between base stations of communications in progress
to enable channels to be reused at relatively short distances. Cellular
systems may also employ digital techniques such as voice encoding and
decoding, data compression, error correction, and time or code division
multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a channel.
Central office transmitter. A fixed transmitter in the Rural Radiotelephone
Service that provides service to rural subscriber stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by the FCC for
one emission. In certain circumstances, however, more than one emission may
be transmitted on a channel.
Channel bandwidth. The spectral width of a channel, as specified in this
part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not individually. In
this part, channel pairs are indicated by an ellipsis between the center
frequencies.
Communications channel. In the Cellular Radiotelephone and Air-Ground
Radiotelephone Services, a channel used to carry subscriber communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the Air-Ground
Radiotelephone Service, a channel used to transmit information necessary to
establish or maintain communications. In the other Public Mobile Services, a
channel that may be assigned to a control transmitter.
Control point. A location where the operation of a public mobile station is
supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile Services that
transmits control signals to one or more base or fixed stations for the
purpose of controlling the operation of the base or fixed stations, and/or
transmits subscriber communications to one or more base or fixed stations
that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field strength is
lower than the minimum level for reliable service. Service within dead spots
is presumed.
Dispatch service. A radiotelephone service comprising communications between
a dispatcher and one or more mobile units. These communications normally do
not exceed one minute in duration and are transmitted directly through a
base station, without passing through mobile telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line, duplexers etc.) is the power
that would be necessary at the input terminals of a reference half-wave
dipole antenna in order to produce the same maximum field intensity. ERP is
usually calculated by multiplying the measured transmitter output power by
the specified antenna system gain, relative to a half-wave dipole, in the
direction of interest.
Emission. The electromagnetic energy radiated from an antenna.
Emission designator. An internationally accepted symbol for describing an
emission in terms of its bandwidth and the characteristics of its
modulation, if any. See §2.201 of this chapter for details.
Emission mask. The design limits imposed, as a condition or certification,
on the mean power of emissions as a function of frequency both within the
authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent isotropically
radiated power of a transmitter (with antenna, transmission line, duplexers
etc.) is the power that would be necessary at the input terminals of a
reference isotropic radiator in order to produce the same maximum field
intensity. An isotropic radiator is a theoretical lossless point source of
radiation with unity gain in all directions. EIRP is usually calculated by
multiplying the measured transmitter output power by the specified antenna
system gain, relative to an isotropic radiator, in the direction of
interest.
Extension. In the Cellular Radiotelephone Service, an area within the
service area boundary of a cellular system, but outside of the market
boundary. See §§22.911(c) and 22.912.
Facsimile service. Transmission of still images from one place to another by
means of radio.
Fill-in transmitters. Transmitters added to a station, in the same area and
transmitting on the same channel or channel block as previously authorized
transmitters, that do not expand the existing service area, but are
established for the purpose of improving reception in dead spots.
Five year build-out period. A five year period during which the licensee of
the first cellular system authorized on each channel block in each cellular
market may expand the system within that market. See §22.947.
Fixed transmitter. A stationary transmitter that communicates with other
stationary transmitters.
Frequency. The number of cycles occurring per second of an electrical or
electromagnetic wave; a number representing a specific point in the
electromagnetic spectrum.
Ground station. In the Air-Ground Radiotelephone Service, a stationary
transmitter that provides service to airborne mobile stations.
Gulf of Mexico Service Area (GMSA). The cellular market comprising the water
area of the Gulf of Mexico bounded on the West, North and East by the
coastline. Coastline, for this purpose, means the line of ordinary low water
along that portion of the coast which is in direct contact with the open
sea, and the line marking the seaward limit of inland waters. Inland waters
include bays, historic inland waters and waters circumscribed by a fringe of
islands within the immediate vicinity of the shoreline.
Height above average terrain (HAAT). The height of an antenna above the
average elevation of the surrounding area.
In-building radiation systems. Supplementary systems comprising low power
transmitters, receivers, indoor antennas and/or leaky coaxial cable
radiators, designed to improve service reliability inside buildings or
structures located within the service areas of stations in the Public Mobile
Services.
Initial cellular applications. Applications for authority to construct and
operate a new cellular system, excluding applications for interim operating
authority.
Interfering contour. The locus of points surrounding a transmitter where the
predicted median field strength of the signal from that transmitter is the
maximum field strength that is not considered to cause interference at the
service contour of another transmitter.
Interoffice transmitter. A fixed transmitter in the Rural Radiotelephone
Service that communicates with other interoffice transmitters for the
purpose of interconnecting rural central offices.
Mobile station. One or more transmitters that are capable of operation while
in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this chapter.
The bandwidth so calculated is considered to be the minimum necessary to
convey information at the desired rate with the desired accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between upper
and lower frequencies where 0.5% of the emission power is above the upper
frequency and 0.5% of the emission power is below the lower frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which licensees are
authorized to offer and provide radio telecommunication services for hire to
subscribers on structures in the offshore coastal waters of the Gulf of
Mexico.
Offshore subscriber station. One or more fixed and/or mobile transmitters in
the Offshore Radiotelephone Service that receive service from offshore
central transmitters.
Pager. A small radio receiver designed to be carried by a person and to give
an aural, visual or tactile indication when activated by the reception of a
radio signal containing its specific code. It may also reproduce sounds
and/or display messages that were also transmitted. Some pagers also
transmit a radio signal acknowledging that a message has been received.
Paging geographic area authorization. An authorization conveying the
exclusive right to establish and expand one or more stations throughout a
paging geographic area or, in the case of a partitioned geographic area,
throughout a specified portion of a paging geographic area, on a specified
channel allocated for assignment in the Paging and Radiotelephone Service.
These are subject to the conditions that no interference may be caused to
existing co-channel stations operated by other licensees within the paging
geographic area and that no interference may be caused to existing or
proposed co-channel stations of other licensees in adjoining paging
geographic areas.
Paging geographic areas. Standard geographic areas used by the FCC for
administrative convenience in the licensing of stations to operate on
channels allocated for assignment in the Paging and Radiotelephone Service.
See §22.503(b).
Paging and Radiotelephone Service. A radio service in which common carriers
are authorized to offer and provide paging and radiotelephone service for
hire to the general public. This service was formerly titled Public Land
Mobile Service.
Paging service. Transmission of coded radio signals for the purpose of
activating specific pagers; such transmissions may include messages and/or
sounds.
Partitioned cellular market. A cellular market with two or more authorized
cellular systems on the same channel block during the five year build-out
period, as a result of settlements during initial licensing or contract(s)
between the licensee of the first cellular system and the licensee(s) of the
subsequent systems. See §22.947(b).
Public Mobile Services. Radio services in which licensees are authorized to
offer and provide mobile and related fixed radio telecommunication services
for hire to the public.
Radio telecommunication services. Communication services provided by the use
of radio, including radiotelephone, radiotelegraph, paging and facsimile
service.
Radiotelegraph service. Transmission of messages from one place to another
by means of radio.
Radiotelephone service. Transmission of sound from one place to another by
means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system in the
Public Mobile Services other than one to which it is a subscriber.
Rural Radiotelephone Service. A radio service in which licensees are
authorized to offer and provide radio telecommunication services for hire to
subscribers in areas where it is not feasible to provide communication
services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the Rural
Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be reliably
served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter where the
predicted median field strength of the signal from that transmitter is the
minimum field strength that is considered sufficient to provide reliable
service to mobile stations.
Service to subscribers. Service to at least one subscriber that is not
affiliated with, controlled by or related to the providing carrier.
Signal booster. A stationary device that automatically reradiates signals
from base transmitters without channel translation, for the purpose of
improving the reliability of existing service by increasing the signal
strength in dead spots.
Station. A station equipped to engage in radio communication or radio
transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership, association,
joint-stock company, trust or corporation engaged in rendering radio
telecommunications services to the general public for hire.
Temporary fixed station. One or more fixed transmitters that normally do not
remain at any particular location for longer than 6 months.
Universal licensing system. The Universal Licensing System (ULS) is the
consolidated database, application filing system, and processing system for
all Wireless Radio Services. ULS supports electronic filing of all
applications and related documents by applicants and licensees in the
Wireless Radio Services, and provides public access to licensing
information.
Unserved areas. With regard to a channel block allocated for assignment in
the Cellular Radiotelephone Service: Geographic area in the District of
Columbia, or any State, Territory or possession of the United States of
America that is not within the CGSA of any cellular system authorized to
transmit on that channel block. With regard to a channel allocated for
assignment in the Paging and Radiotelephone Service: Geographic area within
the District of Columbia, or any State, Territory or possession of the
United States of America that is not within the service contour of any base
transmitter in any station authorized to transmit on that channel.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31050 , June 19, 1996; 61 FR 54098 , Oct. 17, 1996; 62 FR 11628 , Mar. 12, 1997; 63 FR 36603 , July 7, 1998;
63 FR 68943 , Dec. 14, 1998; 67 FR 9609 , Mar. 4, 2002; 70 FR 19307 , Apr. 13,
2005]
Subpart B—Licensing Requirements and Procedures
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Applications and Notifications
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§ 22.107 General application requirements.
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In general, applications for authorizations, assignments of authorizations,
or consent to transfer of control of licensees in the Public Mobile Services
must:
(a) Demonstrate the applicant's qualifications to hold an authorization in
the Public Mobile services;
(b) State how a grant would serve the public interest, convenience, and
necessity;
(c) Contain all information required by FCC rules or application forms;
(d) Propose operation of a facility in compliance with all rules governing
the Public Mobile service;
(e) Be amended as necessary to remain substantially accurate and complete in
all significant respects, in accordance with the provisions of §1.65 of this
chapter; and,
(f) Be signed in accordance with §1.743 of this chapter.
§ 22.131 Procedures for mutually exclusive applications.
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Two or more pending applications are mutually exclusive if the grant of one
application would effectively preclude the grant of one or more of the
others under Commission rules governing the Public Mobile Services involved.
The Commission uses the general procedures in this section for processing
mutually exclusive applications in the Public Mobile Services. Additional
specific procedures are prescribed in the subparts of this part governing
the individual Public Mobile Services (see §§22.509, 22.717, and 22.949) and
in part 1 of this chapter.
(a) Separate applications. Any applicant that files an application knowing
that it will be mutually exclusive with one or more applications should not
include in the mutually exclusive application a request for other channels
or facilities that would not, by themselves, render the application mutually
exclusive with those other applications. Instead, the request for such other
channels or facilities should be filed in a separate application.
(b) Filing groups. Pending mutually exclusive applications are processed in
filing groups. Mutually exclusive applications in a filing group are given
concurrent consideration. The Commission may dismiss as defective (pursuant
to §1.945 of this chapter) any mutually exclusive application(s) whose
filing date is outside of the date range for inclusion in the filing group.
The types of filing groups used in day-to-day application processing are
specified in paragraph (c)(3) of this section. A filing group is one of the
following types:
(1) Renewal filing group. A renewal filing group comprises a timely-filed
application for renewal of an authorization and all timely-filed mutually
exclusive competing applications ( see §1.935 of this chapter).
(2) Same-day filing group. A same-day filing group comprises all mutually
exclusive applications whose filing date is the same day, which is normally
the filing date of the first-filed application(s).
(3) Thirty-day notice and cut-off filing group. A 30-day notice and cut-off
filing group comprises mutually exclusive applications whose filing date is
no later than thirty (30) days after the date of the Public Notice listing
the first-filed application(s) (according to the filing dates) as acceptable
for filing.
(4) Window filing group. A window filing group comprises mutually exclusive
applications whose filing date is within an announced filing window. An
announced filing window is a period of time between and including two
specific dates, which are the first and last dates on which applications (or
amendments) for a particular purpose may be accepted for filing. In the case
of a one-day window, the two dates are the same. The dates are made known to
the public in advance.
(c) Procedures. Generally, the Commission may grant one application in a
filing group of mutually exclusive applications and dismiss the other
application(s) in the filing that are excluded by that grant, pursuant to
§1.945 of this chapter.
(1) Selection methods. In selecting the application to grant, the Commission
will use competitive bidding.
(2) Dismissal of applications. The Commission may dismiss any application in
a filing group that is defective or otherwise subject to dismissal under
§1.945 of this chapter, either before or after employing selection
procedures.
(3) Type of filing group used. Except as otherwise provided in this part,
the type of filing group used in the processing of two or more mutually
exclusive applications depends upon the purpose(s) of the applications.
(i) If one of the mutually exclusive applications is a timely-filed
application for renewal of an authorization, a renewal filing group is used.
(ii) If any mutually exclusive application filed on the earliest filing date
is an application for modification and none of the mutually exclusive
applications is a timely-filed application for renewal, a same-day filing
group is used.
(iii) If all of the mutually exclusive applications filed on the earliest
filing date are applications for initial authorization, a 30-day notice and
cut-off filing group is used, except that, for Phase I unserved area
applications in the Cellular Radiotelephone Service, a one-day window filing
group is used (see §22.949).
(4) Disposition. If there is only one application in any type of filing
group, the Commission may grant that application and dismiss without
prejudice any mutually exclusive applications not in the filing group. If
there is more than one mutually exclusive application in a filing group, the
Commission disposes of these applications as follows:
(i) Applications in a renewal filing group. All mutually exclusive
applications in a renewal filing group are designated for comparative
consideration in a hearing.
(ii) Applications in a 30-day notice and cut-off filing group. (A) If all of
the mutually exclusive applications in a 30-day notice and cut-off filing
group are applications for initial authorization, the FCC administers
competitive bidding procedures in accordance with §22.201 through §22.227
and subpart Q of part 1 of this chapter, as applicable. After such
procedures, the application of the successful bidder may be granted and the
other applications may be dismissed without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice and
cut-off filing group is an application for modification, the Commission may
attempt to resolve the mutual exclusivity by facilitating a settlement
between the applicants. If a settlement is not reached within a reasonable
time, the FCC may designate all applications in the filing group for
comparative consideration in a hearing. In this event, the result of the
hearing disposes all of the applications in the filing group.
(iii) Applications in a same-day filing group. If there are two or more
mutually exclusive applications in a same-day filing group, the Commission
may attempt to resolve the mutual exclusivity by facilitating a settlement
between the applicants. If a settlement is not reached within a reasonable
time, the Commission may designate all applications in the filing group for
comparative consideration in a hearing. In this event, the result of the
hearing disposes of all of the applications in the filing group.
(iv) Applications in a window filing group. Applications in a window filing
group are processed in accordance with the procedures for a 30-day notice
and cut-off filing group in paragraph (c)(4)(ii) of this section.
(d) Terminology. For the purposes of this section, terms have the following
meanings:
(1) The filing date of an application is the date on which that application
was received in a condition acceptable for filing or the date on which the
most recently filed major amendment to that application was received,
whichever is later, excluding major amendments in the following
circumstances:
(i) The major amendment reflects only a change in ownership or control found
by the Commission to be in the public interest;
(ii) The major amendment as received is defective or otherwise found
unacceptable for filing; or
(iii) The application being amended has been designated for hearing and the
Commission or the presiding officer accepts the major amendment.
(2) An application for initial authorization is:
(i) Any application requesting an authorization for a new system or station;
(ii) Any application requesting authorization for an existing station to
operate on an additional channel, unless the additional channel is for
paired two-way radiotelephone operation, is in the same frequency range as
the existing channel(s), and will be operationally integrated with the
existing channel(s) such as by trunking;
(iii) Any application requesting authorization for a new transmitter at a
location more than 2 kilometers (1.2 miles) from any existing transmitters
of the applicant licensee on the requested channel or channel block; or
(iv) Any application to expand the CGSA of a cellular system (as defined in
§22.911), except during the five-year build-out period.
(v) Any “short-form” application (filed on FCC Form 175) requesting a new
paging geographic area authorization.
[ 59 FR 59954 , Nov. 21, 1994, as amended at 62 FR 11629 , Mar. 12, 1997; 63 FR 68943 , Dec. 14, 1998]
§ 22.143 Construction prior to grant of application.
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Applicants may construct facilities in the Public Mobile services prior to
grant of their applications, subject to the provisions of this section, but
must not operate such facilities until the FCC grants an authorization. If
the conditions stated in this section are not met, applicants must not begin
to construct facilities in the Public Mobile Services.
(a) When applicants may begin construction. An applicant may begin
construction of a facility 35 days after the date of the Public Notice
listing the application for that facility as acceptable for filing, except
that an applicant whose application to operate a new cellular system was
selected in a random selection process may begin construction of that new
cellular system 35 days after the date of the Public Notice listing it as
the tentative selectee.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an application
is pending, and so notifies the applicant, orally (followed by written
confirmation) or in writing, the applicant must not begin construction or,
if construction has begun, must stop construction immediately.
(c) Assumption of risk. Applicants that begin construction pursuant to this
section before receiving an authorization do so at their own risk and have
no recourse against the United States for any losses resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility into
compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is subject
to the following conditions:
(1) The application is not mutually exclusive with any other application,
except for successful bidders and tentative selectees in the Cellular
Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one or more
FCC rules;
(4) For any construction or alteration that would exceed the requirements of
§17.7 of this chapter, the licensee has notified the appropriate Regional
Office of the Federal Aviation Administration (FAA Form 7460–1), filed a
request for antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC at WTB, Spectrum Management
Resources and Technologies Division, 1270 Fairfield Road, Gettysburg, PA
17325, or electronically via the FCC Antenna Structure Registration home
page, wireless.fcc.gov/antenna/.
(5) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in accordance
with §§1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this part,
individual coordination of the proposed channel assignment(s) with a foreign
administration is not required.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19308 , Apr. 13, 2005]
§ 22.150 Standard pre-filing technical coordination procedure.
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For operations on certain channels in the Public Mobile Services, carriers
must attempt to coordinate the proposed use of spectrum with other spectrum
users prior to filing an application for authority to operate a station.
Rules requiring this procedure for specific channels and types of stations
are contained in the subparts governing the individual Public Mobile
Services.
(a) Coordination comprises two steps—notification and response. Each step
may be accomplished orally or in writing.
(b) Notification must include relevant technical details of the proposal. At
minimum, this should include the following:
(1) Geographical coordinates of the antenna site(s).
(2) Transmitting and receiving channels to be added or changed.
(3) Transmitting power, emission type and polarization.
(4) Transmitting antenna pattern and maximum gain.
(5) Transmitting antenna height above ground level.
(c) Applicants and licensees receiving notification must respond promptly,
even if no channel usage conflicts are anticipated. If any notified party
fails to respond within 30 days, the applicant may file the application
without a response from that party.
(d) The 30-day period begins on the date the notification is submitted to
the Commission via the ULS. If the notification is by mail, this date may be
ascertained by:
(1) The return receipt on certified mail,
(2) The enclosure of a card to be dated and returned by the party being
notified, or
(3) A reasonable estimate of the time required for the mail to reach its
destination. In this case, the date when the 30-day period will expire must
be stated in the notification.
(e) All channel usage conflicts discovered during the coordination process
should be resolved prior to filing of the application. If the applicant is
unable or unwilling to resolve a particular conflict, the application may be
accepted for filing if it contains a statement describing the unresolved
conflict and a brief explanation of the reasons why a resolution was not
achieved.
(f) If a number of changes in the technical parameters of a proposed
facility become necessary during the course of the coordination process, an
attempt should be made to minimize the number of separate notifications. If
the changes are incorporated into a completely revised notice, the items
that were changed from the previous notice should be identified.
(g) In situations where subsequent changes are not numerous or complex, the
party receiving the changed notification should make an effort to respond in
less than 30 days. If the applicant believes a shorter response time is
reasonable and appropriate, it should so indicate in the notice and suggest
a response date.
(h) If a subsequent change in the technical parameters of a proposed
facility could not affect the facilities of one or more of the parties that
received an initial notification, the applicant is not required to
coordinate that change with these parties. However, these parties must be
advised of the change and of the opinion that coordination is not required.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68944 , Dec. 14, 1998]
§ 22.165 Additional transmitters for existing systems.
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A licensee may operate additional transmitters at additional locations on
the same channel or channel block as its existing system without obtaining
prior Commission approval provided:
(a) International coordination . The locations and/or technical parameters
of the additional transmitters are such that individual coordination of the
channel assignment(s) with a foreign administration, under applicable
international agreements and rules in this part, is not required.
(b) Antenna structure registration. Certain antenna structures must be
registered with the Commission prior to construction or alteration.
Registration requirements are contained in part 17 of this chapter.
(c) Environmental . The additional transmitters must not have a significant
environmental effect as defined by §§1.1301 through 1.1319 of this chapter.
(d) Paging and Radiotelephone Service . The provisions in this paragraph
apply for stations in the Paging and Radiotelephone Service.
(1) The interfering contours of the additional transmitter(s) must be
totally encompassed by the composite interfering contour of the existing
station (or stations under common control of the applicant) on the same
channel, except that this limitation does not apply to nationwide network
paging stations or in-building radiation systems.
(2) Additional transmitters in the 43 MHz frequency range operate under
developmental authority, subject to the conditions set forth in §22.411.
(3) The additional transmitters must not operate on control channels in the
72–76 MHz, 470–512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz frequency
ranges.
(e) Cellular radiotelephone service. During the five-year build-out period,
the service area boundaries of the additional transmitters, as calculated by
the method set forth in §22.911(a), must remain within the market, except
that the service area boundaries may extend beyond the market boundary into
the area that is part of the CGSA or is already encompassed by the service
area boundaries of previously authorized facilities. After the five-year
build-out period, the service area boundaries of the additional
transmitters, as calculated by the method set forth in §22.911(a), must
remain within the CGSA. Licensees must notify the Commission (FCC Form 601)
of any transmitters added under this section that cause a change in the CGSA
boundary. The notification must include full size and reduced maps, and
supporting engineering, as described in §22.953(a)(1) through (3). If the
addition of transmitters involves a contract service area boundary (SAB)
extension ( see §22.912), the notification must include a statement as to
whether the five-year build-out period for the system on the relevant
channel block in the market into which the SAB extends has elapsed and
whether the SAB extends into any unserved area in the market. The
notification must be made electronically via the ULS, or delivered to the
filing place ( see §1.913 of this chapter) once yearly during the five-year
build-out on the anniversary of the license grant date.
(f) Air-ground Radiotelephone Service. Ground stations may be added to
Commercial Aviation air-ground systems at previously established ground
station locations, pursuant to §22.859, subject to compliance with the
applicable technical rules. This section does not apply to General Aviation
air-ground stations.
(g) Rural Radiotelephone Service. A “service area” and “interfering
contours” must be determined using the same method as for stations in the
Paging and Radiotelephone Service. The service area and interfering contours
so determined for the additional transmitter(s) must be totally encompassed
by the similarly determined composite service area contour and predicted
interfering contour, respectively, of the existing station on the same
channel. This section does not apply to Basic Exchange Telecommunications
Radio Systems.
(h) Offshore Radiotelephone Service. This section does not apply to stations
in the Offshore Radiotelephone Service.
(i) Provision of information upon request. Upon request by the FCC,
licensees must supply administrative or technical information concerning the
additional transmitters. At the time transmitters are added pursuant to this
section, licensees must make a record of the pertinent technical and
administrative information so that such information is readily available.
See §22.303.
[ 59 FR 59507 , Nov. 17, 1994; 59 FR 64856 , Dec. 16, 1994; as amended at 62 FR 11629 , Mar. 12, 1997; 63 FR 68944 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999;
67 FR 77190 , Dec. 17, 2002]
§ 22.169 International coordination of channel assignments.
top
Channel assignments under this part are subject to the applicable provisions
and requirements of treaties and other international agreements between the
United States government and the governments of Canada and Mexico.
Competitive Bidding Procedures
top
Source: 62 FR 11629 , Mar. 12, 1997, unless otherwise noted.
§ 22.201 Paging geographic area authorizations are subject to competitive
bidding.
top
Mutually exclusive initial applications for paging geographic area licenses
are subject to competitive bidding. The general competitive bidding
procedures set forth in part 1, subpart Q of this chapter will apply unless
otherwise provided in this subpart and part 90 of this chapter.
[ 67 FR 45366 , July 9, 2002]
§§ 22.203-22.211 [Reserved]
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§ 22.213 Filing of long-form applications.
top
After an auction, the Commission will not accept long form applications for
paging geographic authorizations from anyone other than the auction winners
and parties seeking partitioned authorizations pursuant to agreements with
auction winners under §22.221.
[ 67 FR 45366 , July 9, 2002]
§ 22.215 [Reserved]
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§ 22.217 Bidding credit for small businesses.
top
A winning bidder that qualifies as a small business, as defined in
§22.223(b)(1), or a consortium of small businesses may use a bidding credit
of thirty-five (35) percent to lower the cost of its winning bid. A winning
bidder that qualifies as a small business, as defined in §22.223(b)(2), or
consortium of small businesses may use a bidding credit of twenty-five (25)
percent to lower the cost of its winning bid.
[ 68 FR 42998 , July 21, 2003]
§ 22.221 Eligibility for partitioned licenses.
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If partitioned licenses are being applied for in conjunction with a
license(s) to be awarded through competitive bidding procedures—
(a) The applicable procedures for filing short-form applications and for
submitting upfront payments and down payments contained in this chapter
shall be followed by the applicant, who must disclose as part of its
short-form application all parties to agreement(s) with or among other
entities to partition the license pursuant to this section, if won at
auction ( see 47 CFR 1.2105(a)(2)(viii));
(b) Each party to an agreement to partition the authorization must file a
long-form application (FCC Form 601) for its respective, mutually
agreed-upon geographic area together with the application for the remainder
of the MEA or EA filed by the auction winner.
(c) If the partitioned authorization is being applied for as a partial
assignment of the MEA or EA authorization following grant of the initial
authorization, request for authorization for partial assignment of an
authorization shall be made pursuant to §1.948 of this part.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 64 FR 33781 , June 24, 1999]
§ 22.223 Designated entities.
top
(a) Scope. The definitions in this section apply to §§22.201 through 22.227,
unless otherwise specified in those sections.
(b) A small business is an entity that either:
(1) Together with its affiliates and controlling interests has average gross
revenues that are not more than $3 million for the preceding three years; or
(2) Together with its affiliates and controlling interests has average gross
revenues that are not more than $15 million for the preceding three years.
[ 68 FR 42998 , July 21, 2003]
§ 22.225 Certifications, disclosures, records maintenance, and definitions.
top
(a) Records maintenance. All winning bidders qualifying as small businesses
shall maintain at their principal place of business an updated file of
ownership, revenue, and asset information, including any documents necessary
to establish small businesses under §22.223. Licensees (and their
successors-in-interest) shall maintain such files for the term of the
license. Applicants that do not obtain the license(s) for which they applied
shall maintain such files until the grant of such license(s) is final, or
one year from the date of the filing of their short-form application (FCC
Form 175), whichever is earlier.
(b) Definition. The term small business used in this section is defined in
§22.223.
[ 67 FR 45367 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003]
§ 22.227 Petitions to deny and limitations on settlements.
top
(a) Procedures regarding petitions to deny long-form applications in the
paging service will be governed by §1.939 of this chapter.
(b) The consideration that an individual or an entity will be permitted to
receive for agreeing to withdraw an application or petition to deny will be
limited by the provisions set forth in §1.935 of this chapter.
[ 67 FR 45367 , July 9, 2002]
§ 22.228 Cellular rural service area licenses subject to competitive bidding.
top
Mutually exclusive initial applications for Cellular Rural Service Area
licenses are subject to competitive bidding. The general competitive bidding
procedures set forth in part 1, subpart Q of this chapter will apply unless
otherwise provided in this subpart.
[ 67 FR 45367 , July 9, 2002]
§ 22.229 Designated entities.
top
(a) Eligibility for small business provisions. (1) A very small business is
an entity that, together with its controlling interests and affiliates, has
average annual gross revenues not exceeding $3 million for the preceding
three years.
(2) A small business is an entity that, together with its controlling
interests and affiliates, has average annual gross revenues not exceeding
$15 million for the preceding three years.
(3) An entrepreneur is an entity that, together with its controlling
interests and affiliates, has average annual gross revenues not exceeding
$40 million for the preceding three years.
(b) Bidding credits. A winning bidder that qualifies as a very small
business, as defined in this section, or a consortium of very small
businesses may use the bidding credit specified in §1.2110(f)(2)(i) of this
chapter. A winning bidder that qualifies as a small business, as defined in
this section, or a consortium of small businesses may use the bidding credit
specified in §1.2110(f)(2)(ii) of this chapter. A winning bidder that
qualifies as an entrepreneur, as defined in this section, or a consortium of
entrepreneurs may use the bidding credit specified in §1.2110(f)(2)(iii) of
this chapter.
[ 67 FR 11434 , Mar. 14, 2002, as amended at 68 FR 42998 , July 21, 2003]
Subpart C—Operational and Technical Requirements
top
Operational Requirements
top
§ 22.301 Station inspection.
top
Upon reasonable request, the licensee of any station authorized in the
Public Mobile Services must make the station and station records available
for inspection by authorized representatives of the Commission at any
reasonable hour.
[ 59 FR 59955 , Nov. 21, 1994]
§ 22.303 Retention of station authorizations; identifying transmitters.
top
The current authorization for each station, together with current
administrative and technical information concerning modifications to
facilities pursuant to §1.929 of this chapter, and added facilities pursuant
to §22.165 must be retained as a permanent part of the station records. A
clearly legible photocopy of the authorization must be available at each
regularly attended control point of the station, or in lieu of this
photocopy, licensees may instead make available at each regularly attended
control point the address or location where the licensee's current
authorization and other records may be found.
[ 70 FR 61058 , Oct. 20, 2005]
§ 22.305 Operator and maintenance requirements.
top
FCC operator permits and licenses are not required to operate, repair or
maintain equipment authorized in the Public Mobile Services. Station
licensees are responsible for the proper operation and maintenance of their
stations, and for compliance with FCC rules.
§ 22.307 Operation during emergency.
top
Licensees of stations in the Public Mobile services may, during a period of
emergency in which normal communications facilities are disrupted as a
result of hurricane, flood, earthquake or other natural disaster, civil
unrest, widespread vandalism, national emergencies or emergencies declared
by Executive Order of the President, use their stations to temporarily
provide emergency communications services in a manner or configuration not
normally allowed by this part, provided that such operations comply with the
provisions of this section.
(a) Technical limitations. Public Mobile stations providing temporary
emergency communications service must not transmit:
(1) On channels other than those authorized for normal operations.
(2) With power in excess of that authorized for normal operations;
(3) Emission types other than those authorized for normal operations.
(b) Discontinuance. Temporary emergency use of Public Mobile stations must
be discontinued as soon as normal communication facilities are restored. The
FCC may, at any time, order the discontinuance of any such emergency
communication services.
§ 22.313 Station identification.
top
The licensee of each station in the Public Mobile Services must ensure that
the transmissions of that station are identified in accordance with the
requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground Radiotelephone
Service;
(3) [Reserved]
(4) Stations using Basic Exchange Telephone Radio Systems in the Rural
Radiotelephone Service;
(5) [Reserved]
(6) Stations operating pursuant to paging geographic area authorizations.
(b) For all other stations in the Public Mobile Services, station
identification must be transmitted each hour within five minutes of the
hour, or upon completion of the first transmission after the hour.
Transmission of station identification may be temporarily delayed to avoid
interrupting the continuity of any public communication in progress,
provided that station identification is transmitted at the conclusion of
that public communication.
(c) Station identification must be transmitted by telephony using the
English language or by telegraphy using the international Morse code, and in
a form that can be received using equipment appropriate for the modulation
type employed, and understood without the use of unscrambling devices,
except that, alternatively, station identification may be transmitted
digitally, provided that the licensee provides the Commission with
information sufficient to decode the digital transmission to ascertain the
call sign. Station identification comprises transmission of the call sign
assigned by the Commission to the station, however, the following may be
used in lieu of the call sign.
(1) For transmission from subscriber operated transmitters, the telephone
number or other designation assigned by the carrier, provided that a written
record of such designations is maintained by the carrier;
(2) For general aviation airborne mobile stations in the Air-Ground
Radiotelephone Service, the official FAA registration number of the
aircraft;
(3) For stations in the Paging and Radiotelephone Service, a call sign
assigned to another station within the same system.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59955 , Nov. 21, 1994; 62 FR 11633 , Mar. 12, 1997; 70 FR 19308 , Apr. 13, 2005]
§ 22.317 Discontinuance of station operation.
top
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send authorization for cancellation by
electronic filing via the ULS on FCC Form 601. For purposes of this section,
any station that has not provided service to subscribers for 90 continuous
days is considered to have been permanently discontinued, unless the
applicant notified the FCC otherwise prior to the end of the 90 day period
and provided a date on which operation will resume, which date must not be
in excess of 30 additional days.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 54099 , Oct. 17, 1996; 63 FR 68944 , Dec. 14, 1998]
§ 22.321 Equal employment opportunities.
top
Public Mobile Services licensees shall afford equal opportunity in
employment to all qualified persons, and personnel must not be discriminated
against in employment because of sex, race, color, religion, or national
origin.
(a) Equal employment opportunity program. Each licensee shall establish,
maintain, and carry out a positive continuing program of specific practices
designed to assure equal opportunity in every aspect of employment policy
and practice.
(1) Under the terms of its program, each licensee shall:
(i) Define the responsibility of each level of management to insure a
positive application and vigorous enforcement of the policy of equal
opportunity, and establish a procedure to review and control managerial and
supervisory performance.
(ii) Inform its employees and recognized employee organizations of the
positive equal employment opportunity policy and program and enlist their
cooperation.
(iii) Communicate its equal employment opportunity policy and program and
its employment needs to sources of qualified applicants without regard to
sex, race, color, religion or national origin, and solicit their recruitment
assistance on a continuing basis.
(iv) Conduct a continuing campaign to exclude every form of prejudice or
discrimination based upon sex, race, color, religion, or national origin,
from the licensee's personnel policies and practices and working conditions.
(v) Conduct a continuing review of job structure and employment practices
and adopt positive recruitment, training, job design and other measures
needed in order to ensure genuine equality of opportunity to participate
fully in all organizational units, occupations and levels of responsibility.
(2) The program must reasonably address specific concerns through policies
and actions as set forth in this paragraph, to the extent that they are
appropriate in consideration of licensee size, location and other factors.
(i) To assure nondiscrimination in recruiting. (A) Posting notices in the
licensee's offices informing applicants for employment of their equal
employment rights and their right to notify the Equal Employment Opportunity
Commission (EEOC), the Federal Communications Commission (FCC), or other
appropriate agency. Where a substantial number of applicants are
Spanish-surnamed Americans, such notice should be posted in both Spanish and
English.
(B) Placing a notice in bold type on the employment application informing
prospective employees that discrimination because of sex, race, color,
religion or national origin is prohibited, and that they may notify the
EEOC, the FCC or other appropriate agency if they believe they have been
discriminated against.
(C) Placing employment advertisements in media which have significant
circulation among minority groups in the recruiting area.
(D) Recruiting through schools and colleges with significant minority group
enrollments.
(E) Maintaining systematic contacts with minority and human relations
organizations, leaders and spokespersons to encourage referral of qualified
minority or female applicants.
(F) Encouraging present employees to refer minority or female applicants.
(G) Making known to the appropriate recruitment sources in the employer's
immediate area that qualified minority members are being sought for
consideration whenever the licensee hires.
(ii) To assure nondiscrimination in selection and hiring. (A) Instructing
employees of the licensee who make hiring decisions that all applicants for
all jobs are to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or unions in
the development of programs to assure qualified minority persons or females
of equal opportunity for employment, and including an effective
nondiscrimination clause in new or renegotiated union agreements.
(C) Avoiding use of selection techniques or tests that have the effect of
discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotion. (A) Instructing
employees of the licensee who make decisions on placement and promotion that
minority employees and females are to be considered without discrimination,
and that job areas in which there is little or no minority or female
representation should be reviewed to determine whether this results from
discrimination.
(B) Giving minority groups and female employees equal opportunity for
positions which lead to higher positions. Inquiring as to the interest and
skills of all lower-paid employees with respect to any of the higher-paid
positions, followed by assistance, counseling, and effective measures to
enable employees with interest and potential to qualify themselves for such
positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests that have the effect of
discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment practices. (A)
Examining rates of pay and fringe benefits for present employees with
equivalent duties and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that does not
discriminate against qualified minority groups or female employees.
(b) EEO statement. Each licensee having 16 or more full-time employees shall
file with the FCC, no later than May 31st following the grant of that
licensee's first Public Mobile Services authorization, a statement
describing fully its current equal employment opportunity program,
indicating specific practices to be followed in order to assure equal
employment opportunity on the basis of sex, race, color, religion or
national origin in such aspects of employment practices as regards
recruitment, selection, training, placement, promotion, pay, working
conditions, demotion, layoff and termination. Any licensee having 16 or more
full-time employees that changes its existing equal employment opportunity
program shall file with the FCC, no later than May 31st thereafter, a
revised statement reflecting the change(s).
Note to paragraph(b)of §22.321: Licensees having 16 or more full-time
employees that were granted their first Public Mobile Services authorization
prior to January 1, 1995, and do not have a current EEO statement on file
with the FCC, must file such statement, required by paragraph (b) of this
section, no later than May 31, 1995.
(c) Report of complaints filed against licensees. Each licensee, regardless
of how many employees it has, shall submit an annual report to the FCC no
later than May 31st of each year indicating whether any complaints regarding
violations by the licensee or equal employment provisions of Federal, State,
Territorial, or local law have been filed before anybody having competent
jurisdiction.
(1) The report should state the parties involved, the date filing, the
courts or agencies before which the matters have been heard, the appropriate
file number (if any), and the respective disposition or current status of
any such complaints.
(2) Any licensee who has filed such information with the EEOC may file a
notification of such filing with the FCC in lieu of a report.
(d) Complaints of violations of Equal Employment Programs. Complaints
alleging employment discrimination against a common carrier licensee are
considered by the FCC in the following manner:
(1) If a complaint raising an issue of discrimination is received against a
licensee who is within the jurisdiction of the EEOC, it is submitted to that
agency. The FCC maintains a liaison with that agency that keeps the FCC
informed of the disposition of complaints filed against common carrier
licensees.
(2) Complaints alleging employment discrimination against a common carrier
licensee who does not fall under the jurisdiction of the EEOC but is covered
by appropriate enforceable State law, to which penalties apply, may be
submitted by the FCC to the respective State agency.
(3) Complaints alleging employment discrimination against a common carrier
licensee who does not fall under the jurisdiction of the EEOC or an
appropriate State law, are accorded appropriate treatment by the FCC.
(4) The FCC will consult with the EEOC on all matters relating to the
evaluation and determination of compliance by the common carrier licensees
with the principles of equal employment as set forth herein.
(5) Complaints indicating a general pattern of disregard of equal employment
practices which are received against a licensee that is required to file an
employment report to the FCC under §1.815(a) of this chapter are
investigated by the FCC.
(e) FCC records. A copy of every annual employment report, equal employment
opportunity program statement, reports on complaints regarding violation of
equal employment provisions of Federal, State, Territorial, or local law,
and copies of all exhibits, letters, and other documents filed as part
thereof, all amendments thereto, all correspondence between the licensee and
the FCC pertaining to the reports after they have been filed and all
documents incorporated therein by reference, are open for public inspection
at the offices of the FCC.
(f) Licensee records. Each licensee required to file annual employment
reports (pursuant to §1.815(a) of this chapter), equal employment
opportunity program statements, and annual reports on complaints regarding
violations of equal employment provisions of Federal, State, Territorial, or
local law shall maintain for public inspection a file containing a copy of
each such report and copies of all exhibits, letters, and other documents
filed as part thereto, all correspondence between the licensee and the FCC
pertaining to the reports after they have been filed and all documents
incorporated therein by reference. The documents must be retained for a
period of 2 years.
§ 22.325 Control points.
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Each station in the Public Mobile Services must have at least one control
point and a person on duty who is responsible for station operation. This
section does not require that the person on duty be at the control point or
continuously monitor all transmissions of the station. However, the control
point must have facilities that enable the person on duty to turn off the
transmitters in the event of a malfunction.
Technical Requirements
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§ 22.351 Channel assignment policy.
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The channels allocated for use in the Public Mobile Services are listed in
the applicable subparts of this part. Channels and channel blocks are
assigned in such a manner as to facilitate the rendition of service on an
interference-free basis in each service area. Except as otherwise provided
in this part, each channel or channel block is assigned exclusively to one
licensee in each service area. All applicants for, and licensees of,
stations in the Public Mobile Services shall cooperate in the selection and
use of channels in order to minimize interference and obtain the most
efficient use of the allocated spectrum.
[ 70 FR 19308 , Apr. 13, 2005]
§ 22.352 Protection from interference.
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Public Mobile Service stations operating in accordance with applicable FCC
rules and the terms and conditions of their authorizations are normally
considered to be non-interfering. If the FCC determines, however, that
interference that significantly interrupts or degrades a radio service is
being caused, it may, in accordance with the provisions of sections 303(f)
and 316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f),
316), require modifications to any Public Mobile station as necessary to
eliminate such interference.
(a) Failure to operate as authorized. Any licensee causing interference to
the service of other stations by failing to operate its station in full
accordance with its authorization and applicable FCC rules shall discontinue
all transmissions, except those necessary for the immediate safety of life
or property, until it can bring its station into full compliance with the
authorization and rules.
(b) Intermodulation interference. Licensees should attempt to resolve such
interference by technical means.
(c) Situations in which no protection is afforded. Except as provided
elsewhere in this part, no protection from interference is afforded in the
following situations:
(1) Interference to base receivers from base or fixed transmitters.
Licensees should attempt to resolve such interference by technical means or
operating arrangements.
(2) Inteference to mobile receivers from mobile transmitters. No protection
is provided against mobile-to-mobile interference.
(3) Interference to base receivers from mobile transmitters. No protection
is provided against mobile-to-base interference.
(4) Interference to fixed stations. Licensees should attempt to resolve such
interference by technical means or operating arrangements.
(5) Anomalous or infrequent propagation modes. No protection is provided
against interference caused by tropospheric and ionospheric propagation of
signals.
(6) Facilities for which the Commission is not notified. No protection is
provided against interference to the service of any additional or modified
transmitter operating pursuant to §§1.929 or 22.165, unless and until the
licensee modifies its authorization using FCC Form 601.
(7) In-building radiation systems. No protection is provided against
interference to the service of in-building radiation systems (see §22.383).
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11633 , Mar. 12, 1997; 63 FR 68944 , Dec. 14, 1998; 70 FR 19308 , Apr. 13, 2005]
§ 22.353 Blanketing interference.
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Licensees of Public Mobile Services stations are responsible for resolving
cases of blanketing interference in accordance with the provisions of this
section.
(a) Except as provided in paragraph (c) of this section, licensees must
resolve any cases of blanketing interference in their area of responsibility
caused by operation of their transmitter(s) during a one-year period
following commencement of service from new or modified transmitter(s).
Interference must be resolved promptly at no cost to the complainant.
(b) The area of responsibility is that area in the immediate vicinity of the
transmitting antenna of stations where the field strength of the
electromagnetic radiation from such stations equals or exceeds 115 dBµV/m.
To determine the radial distance to the boundary of this area, the following
formula must be used:
[MATH: 
:MATH]
where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts
The maximum effective radiated power in the pertinent direction, without
consideration of the antenna's vertical radiation pattern or height, must be
used in the formula.
(c) Licensees are not required to resolve blanketing interference to mobile
receivers or non-RF devices or blanketing interference occurring as a result
of malfunctioning or mistuned receivers, improperly installed consumer
antenna systems, or the use of high gain antennas or antenna booster
amplifiers by consumers.
(d) Licensees that install transmitting antennas at a location where there
are already one or more transmitting antennas are responsible for resolving
any new cases of blanketing interference in accordance with this section.
(e) Two or more licensees that concurrently install transmitting antennas at
the same location are jointly responsible for resolving blanketing
interference cases, unless the FCC can readily determine which station is
causing the interference, in which case the licensee of that station is held
fully responsible.
(f) After the one year period of responsibility to resolve blanketing
interference, licensees must provide upon request technical information to
complainants on remedies for blanketing interference.
§ 22.355 Frequency tolerance.
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Except as otherwise provided in this part, the carrier frequency of each
transmitter in the Public Mobile Services must be maintained within the
tolerances given in Table C–1 of this section.
Table C–1—Frequency Tolerance for Transmitters in the Public Mobile Services
Frequency range (MHz) Base, fixed
(ppm) Mobile ≤3 watts
(ppm) Mobile
≤3 watts
(ppm)
25 to 50 20.0 20.0 50.0
50 to 450 5.0 5.0 50.0
450 to 512 2.5 5.0 5.0
821 to 896 1.5 2.5 2.5
928 to 929 5.0 n/a n/a
929 to 960 1.5 n/a n/a
2110 to 2220 10.0 n/a n/a
[ 61 FR 54099 , Oct. 17, 1996]
§ 22.357 Emission types.
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Any authorized station in the Public Mobile Services may transmit emissions
of any type(s) that comply with the applicable emission rule, i.e. §22.359,
§22.861 or §22.917.
[ 70 FR 19308 , Apr. 13, 2005]
§ 22.359 Emission limitations.
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The rules in this section govern the spectral characteristics of emissions
in the Public Mobile Services, except for the Air-Ground Radiotelephone
Service (see §22.861, instead) and the Cellular Radiotelephone Service (see
§22.917, instead).
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use
of measurement instrumentation employing a resolution bandwidth of 30 kHz or
more. In the 60 kHz bands immediately outside and adjacent to the authorized
frequency range or channel, a resolution bandwidth of at least one percent
of the emission bandwidth of the fundamental emission of the transmitter may
be employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy provided the measured power is integrated over
the full required measurement bandwidth (i.e., 30 kHz or 1 percent of
emission bandwidth, as specified). The emission bandwidth is defined as the
width of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which all
emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in the Public Mobile
Services may establish an alternative out of band emission limit to be used
at specified frequencies (band edges) in specified geographical areas, in
lieu of that set forth in this section, pursuant to a private contractual
arrangement of all affected licensees and applicants. In this event, each
party to such contract shall maintain a copy of the contract in their
station files and disclose it to prospective assignees or transferees and,
upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a
transmitter operating in any of the Public Mobile Services results in
interference to users of another radio service, the FCC may require a
greater attenuation of that emission than specified in this section.
[ 70 FR 19308 , Apr. 13, 2005]
§ 22.365 Antenna structures; air navigation safety.
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Licensees that own their antenna structures must not allow these antenna
structures to become a hazard to air navigation. In general, antenna
structure owners are responsible for registering antenna structures with the
FCC if required by part 17 of this chapter, and for installing and
maintaining any required marking and lighting. However, in the event of
default of this responsibility by an antenna structure owner, each FCC
permittee or licensee authorized to use an affected antenna structure will
be held responsible by the FCC for ensuring that the antenna structure
continues to meet the requirements of part 17 of this chapter. See §17.6 of
this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted and
maintained in accordance with Part 17 of this chapter and all applicable
rules and requirements of the Federal Aviation Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees and
permittees, in the event of default by an antenna structure owner) may enter
into contracts with other entities to monitor and carry out necessary
maintenance of antenna structures. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner) that
make such contractual arrangements continue to be responsible for the
maintenance of antenna structures in regard to air navigation safety.
[ 61 FR 4365 , Feb. 6, 1996]
§ 22.371 Disturbance of AM broadcast station antenna patterns.
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Public Mobile Service licensees that construct or modify towers in the
immediate vicinity of AM broadcast stations are responsible for measures
necessary to correct disturbance of the AM station antenna pattern which
causes operation outside of the radiation parameters specified by the FCC
for the AM station, if the disturbance occurred as a result of such
construction or modification.
(a) Non-directional AM stations. If tower construction or modification is
planned within 1 kilometer (0.6 mile) of a non-directional AM broadcast
station tower, the Public Mobile Service licensee must notify the licensee
of the AM broadcast station in advance of the planned construction or
modification. Measurements must be made to determine whether the
construction or modification affected the AM station antenna pattern. The
Public Mobile Service licensee is responsible for the installation and
continued maintenance of any detuning apparatus necessary to restore proper
non-directional performance of the AM station tower.
(b) Directional AM stations. If tower construction or modification is
planned within 3 kilometers (1.9 miles) of a directional AM broadcast
station array, the Public Mobile Service licensee must notify the licensee
of the AM broadcast station in advance of the planned construction or
modification. Measurements must be made to determine whether the
construction or modification affected the AM station antenna pattern. The
Public Mobile Service licensee is responsible for the installation and
continued maintenance of any detuning apparatus necessary to restore proper
performance of the AM station array.
§ 22.377 Certification of transmitters.
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Except as provided in paragraph (b) of this section, transmitters used in
the Public Mobile Services, including those used with signal boosters,
in-building radiation systems and cellular repeaters, must be certificated
for use in the radio services regulated under this part. Transmitters must
be certificated when the station is ready for service, not necessarily at
the time of filing an application.
(a) The FCC may list as certificated only transmitters that are capable of
meeting all technical requirements of the rules governing the service in
which they will operate. The procedure for obtaining certification is set
forth in part 2 of this chapter.
(b) Transmitters operating under a developmental authorization (see subpart
D of this part) do not have to be certificated.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996; 63 FR 36603 , July 7, 1998; 67 FR 77191 , Dec. 17, 2002]
§ 22.383 In-building radiation systems.
top
Licensees may install and operate in-building radiation systems without
applying for authorization or notifying the FCC, provided that the locations
of the in-building radiation systems are within the protected service area
of the licensee's authorized transmitter(s) on the same channel or channel
block.
Subpart D—Developmental Authorizations
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§ 22.401 Description and purposes of developmental authorizations.
top
Eligible entities ( see §22.7) may apply for, and the FCC may grant,
authority to construct and operate one or more transmitters subject to the
rules in this subpart and other limitations, waivers and/or conditions that
may be prescribed. Authorizations granted on this basis are developmental
authorizations. In general, the FCC grants developmental authorizations in
situations and circumstances where it cannot reasonably be determined in
advance whether a particular transmitter can be operated or a particular
service can be provided without causing interference to the service of
existing stations. For example, the FCC may grant developmental
authorizations for:
(a) Field strength surveys to evaluate the technical suitability of antenna
locations for stations in the Public Mobile Services;
(b) Experimentation leading to the potential development of a new Public
Mobile Service or technology; or,
(c) Stations transmitting on channels in certain frequency ranges, to
provide a trial period during which it can be individually determined
whether such stations can operate without causing excessive interference to
existing services.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.403 General limitations.
top
The provisions and requirements of this section are applicable to all
developmental authorizations.
(a) Developmental authorizations are granted subject to the condition that
they may be cancelled by the FCC at any time, upon notice to the licensee,
and without the opportunity for a hearing.
(b) Except as otherwise indicated in this subpart, developmental
authorizations normally terminate one year from the date of grant. The FCC
may, however, specify a different term.
(c) Stations operating under developmental authorizations must not interfere
with the services of regularly authorized stations.
(d) A grant of a developmental authorization does not provide any assurance
that the FCC will grant an application for regular authorization to operate
the same transmitter(s), even if operation during the developmental period
has not caused interference and/or the developmental program is successful.
§ 22.409 Developmental authorization for a new Public Mobile Service or
technology.
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The FCC may grant applications for developmental authority to construct and
operate transmitters for the purpose of developing a new Public Mobile
Service or a new technology not regularly authorized under this part,
subject to the requirements of this section. Such applications may request
the use of any portion of the spectrum allocated for Public Mobile Services
in the Table of Frequency Allocations contained in part 2 of this chapter,
regardless of whether that spectrum is regularly available under this part.
Requests to use any portion of the spectrum for a service or purpose other
than that indicated in the Table of Frequency Allocations in part 2 of this
chapter may be made only in accordance with the provisions of part 5 of this
chapter.
(a) Preliminary determination. The FCC will make a preliminary determination
with respect to the factors in paragraphs (a)(1) through (a)(3) of this
section before acting on an application for developmental authority pursuant
to this section. These factors are:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or technology;
(2) That the proposal appears to have potential value to the public that
could warrant the establishment of the new service or technology;
(3) That some operational data should be developed for consideration in any
rule making proceeding which may be initiated to establish such service or
technology.
(b) Petition required. Applications for developmental authorizations
pursuant to this section must be accompanied by a petition for rule making
requesting the FCC to amend its rules as may be necessary to provide for the
establishment of the proposed service or technology.
(c) Application requirements. Authorizations for developmental authority
pursuant to this section will be issued only upon a showing that the
applicant has a definite program of research and development which has
reasonable promise of substantial contribution to the services authorized by
this part. The application must contain an exhibit demonstrating the
applicant's technical qualifications to conduct the research and development
program, including a description of the nature and extent of engineering
facilities that the applicant has available for such purpose. Additionally,
the FCC may, in its discretion, require a showing of financial
qualification.
(d) Communication service for hire prohibited. Stations authorized under
developmental authorizations granted pursuant to this section must not be
used to provide communication service for hire, unless otherwise
specifically authorized by the FCC.
(e) Adherence to program. Carriers granted developmental authorization
pursuant to this section must substantially adhere to the program of
research and development described in their application for developmental
authorization, unless the FCC directs otherwise.
(f) Report requirements. Upon completion of the program of research and
development, or upon the expiration of the developmental authorization under
which such program was permitted, or at such times during the term of the
station authorization as the FCC may deem necessary to evaluate the progress
of the developmental program, the licensee shall submit a comprehensive
report, containing:
(1) A description of the progress of the program and a detailed analysis of
any result obtained;
(2) Copies of any publications produced by the program;
(3) A listing of any patents applied for, including copies of any patents
issued;
(4) Copies of any marketing surveys or other measures of potential public
demand for the new service;
(5) A description of the carrier's experiences with operational aspects of
the program including—
(i) The duration of transmissions on each channel or frequency range and the
technical parameters of such transmissions; and,
(ii) Any interference complaints received as a result of operation and how
these complaints were investigated and resolved.
(g) Confidentiality. Normally, applications and developmental reports are a
part of the FCC's public records. However, an applicant or licensee may
request that the FCC withhold from public records specific exhibits, reports
and other material associated with a developmental authorization.
(h) Renewal. Expiring developmental authorizations issued pursuant to this
section may be renewed if the carrier—
(1) Shows that further progress in the program of research and development
requires additional time to operate under developmental authorization;
(2) Complied with the reporting requirements of paragraph (f) of this
section; and,
(3) Immediately resolved to the FCC's satisfaction all complaints of
interference caused by the station operating under developmental authority.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 54099 , Oct. 17, 1996]
§ 22.413 Developmental authorization of 72–76 MHz fixed transmitters.
top
Because of the potential for interference with the reception by broadcast
television sets and video recorders of full service TV stations transmitting
on TV Channels 4 and 5, 72–76 MHz channels are assigned for use within 16
kilometers (10 miles) of the antenna of any full service TV station
transmitting on TV Channel 4 or 5 only under developmental authorizations
subject to the requirements of this section, except as provided in paragraph
(b) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate the 72–76
MHz fixed station under developmental authority for a period of at least six
months. During the developmental period, carriers must resolve any broadcast
television receiver interference problems that may occur as a result of
operation of the 72–76 MHz transmitter(s).
(b) Exceptions. The FCC may grant a regular authorization in the Paging and
Radiotelephone Service for a 72–76 MHz fixed station under the following
circumstances:
(1) After six months of operation under developmental authorization, and
provided that broadcast TV interference complaints have been resolved by the
carrier in a satisfactory manner. Licensees that hold a developmental
authorization for a 72–76 MHz fixed station and wish to request a regular
authorization must file an application using FCC Form 601 via the ULS prior
to the expiration of the developmental authorization.
(2) In the case of the assignment of or a transfer of control of a regular
authorization of a 72–76 MHz fixed station in the Paging and Radiotelephone
Service, the FCC may grant such assignment or consent to such transfer of
control provided that the station has been in continuous operation providing
service with no substantial interruptions.
(3) If a proposed 72–76 MHz fixed transmitter antenna is to be located
within 50 meters (164 feet) of the antenna of the full service TV station
transmitting on TV Channel 4 or 5, the FCC may grant a regular authorization
instead of a developmental authorization.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68944 , Dec. 14, 1998]
Subpart E—Paging and Radiotelephone Service
top
§ 22.501 Scope.
top
The rules in this subpart govern the licensing and operation of public
mobile paging and radiotelephone stations. The licensing and operation of
these stations are also subject to rules elsewhere in this part that apply
generally to the Public Mobile Services. However, in case of conflict, the
rules in this subpart govern.
§ 22.503 Paging geographic area authorizations.
top
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 §22.531 of this part or for any channel pair listed in
§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-Raleigh) 18–19, 21–26, 41–42, 46.
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 §§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 §1.1307 of this
chapter. See §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 §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 §22.537 or §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 §22.537 or §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 §§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 §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 §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]
§ 22.507 Number of transmitters per station.
top
This section concerns the number of transmitters licensed under each station
authorization in the Paging and Radiotelephone Service, other than paging
geographic area authorizations.
(a) Operationally related transmitters. Each station must have at least one
transmitter. There is no limit to the number of transmitters that a station
may comprise. However, transmitters within a station should be operationally
related and/or should serve the same general geographical area.
Operationally related transmitters are those that operate together as a
system ( e.g. , trunked systems, simulcast systems), rather than
independently.
(b) Split of large systems. The FCC may split wide-area systems into two or
more stations for administrative convenience. Except for nationwide paging
and other operationally related transmitters, transmitters that are widely
separated geographically are not licensed under a single authorization.
(c) Consolidation of separate stations. The FCC may consolidate
site-specific contiguous authorizations upon request (FCC Form 601) of the
licensee, if appropriate under paragraph (a) of this section. Paging
licensees may include remote, stand-alone transmitters under the single
system-wide authorization, if the remote, stand-alone transmitter is linked
to the system via a control/repeater facility or by satellite. Including a
remote, stand-alone transmitter in a system-wide authorization does not
alter the limitations provided under §22.503(f) on entities other than the
paging geographic area licensee. In the alternative, paging licensees may
maintain separate site-specific authorizations for stand-alone or remote
transmitters. The earliest expiration date of the authorizations that make
up the single system-wide authorization will determine the expiration date
for the system-wide authorization. Licensees must file timely renewal
applications for site-specific authorizations included in a single
system-wide authorization request until the request is approved. Renewal of
the system-wide authorization will be subject to §1.949 of this chapter.
(d) Replacement of site-by-site authorizations with single authorization.
After a paging geographic area authorization for a channel has been issued,
the FCC may, on its own motion, replace the authorization(s) of any other
licensee (for facilities located within that paging geographic area on that
channel) with a single replacement authorization.
[ 62 FR 11634 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24, 1999]
§ 22.509 Procedures for mutually exclusive applications in the Paging and
Radiotelephone Service.
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Mutually exclusive applications in the Paging and Radiotelephone Service,
including those that are mutually exclusive with applications in the Rural
Radiotelephone Service, are processed in accordance with §22.131 and with
this section.
(a) Applications in the Paging and Radiotelephone Service may be mutually
exclusive with applications in the Rural Radiotelephone Service if they seek
authorization to operate facilities on the same channel in the same area, or
the technical proposals are otherwise in conflict. See §22.567.
(b) A modification application in either service filed on the earliest
filing date may cause all later-filed mutually exclusive applications of any
type in either service to be “cut off” (excluded from a same-day filing
group) and dismissed, pursuant to §22.131(c)(3)(ii) and §22.131(c)(4).
[ 59 FR 59956 , Nov. 21, 1994; as amended at 61 FR 54099 , Oct. 17, 1996; 64 FR 33784 , June 24, 1999]
§ 22.511 Construction period for the Paging and Radiotelephone Service.
top
The construction period for stations in the Paging and Radiotelephone
Service is one year.
§ 22.513 Partitioning and disaggregation.
top
MEA and EA licensees may apply to partition their authorized geographic
service area or disaggregate their authorized spectrum at any time following
grant of their geographic area authorizations. Nationwide geographic area
licensees may apply to partition their authorized geographic service area or
disaggregate their authorized spectrum at any time as of August 23, 1999.
(a) Application required. Parties seeking approval for partitioning and/or
disaggregation shall apply for partial assignment of a license pursuant to
§1.948 of this chapter.
(b) Partitioning. In the case of partitioning, requests for authorization
for partial assignment of a license must include, as attachments, a
description of the partitioned service area and a calculation of the
population of the partitioned service area and the authorized geographic
service area. The partitioned service area shall be defined by 120 sets of
geographic coordinates at points at every 3 degrees azimuth from a point
within the partitioned service area along the partitioned service area
boundary unless either an FCC-recognized service area is used (e.g., MEA or
EA) or county lines are followed. The geographical coordinates must be
specified in degrees, minutes, and seconds to the nearest second latitude
and longitude, and must be based upon the 1983 North American Datum (NAD83).
In the case where FCC-recognized service areas or county lines are used,
applicants need only list the specific area(s) through use of FCC
designations or county names that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply for
partial assignment of authorizations that propose combinations of
partitioning and disaggregation.
(e) License term. The license term for a partitioned license area and for
disaggregated spectrum shall be the remainder of the original licensee's
license term as provided for in §1.955 of this chapter.
(f) Coverage requirements for partitioning. (1) Parties to a partitioning
agreement must satisfy at least one of the following requirements:
(i) The partitionee must satisfy the applicable coverage requirements set
forth in §22.503(k)(1), (2) and (3) for the partitioned license area; or
(ii) The original licensee must meet the coverage requirements set forth in
§22.503(k)(1), (2) and (3) for the entire geographic area. In this case, the
partitionee must meet only the requirements for renewal of its authorization
for the partitioned license area.
(2) Parties seeking authority to partition must submit with their partial
assignment application a certification signed by both parties stating which
of the above options they select.
(3) Partitionees must submit supporting documents showing compliance with
their coverage requirements as set forth in §22.503(k)(1), (2) and (3).
(4) Failure by any partitionee to meet its coverage requirements will result
in automatic cancellation of the partitioned authorization without further
Commission action.
(g) Coverage requirements for disaggregation. (1) Parties to a
disaggregation agreement must satisfy at least one of the following
requirements:
(i) Either the disaggregator or disaggregatee must satisfy the coverage
requirements set forth in §22.503 (k)(1), (2) and (3) for the entire license
area; or
(ii) Parties must agree to share responsibility for meeting the coverage
requirements set forth in §22.503 (k)(1), (2) and (3) for the entire license
area.
(2) Parties seeking authority to disaggregate must submit with their partial
assignment application a certification signed by both parties stating which
of the above requirements they meet.
(3) Disaggregatees must submit supporting documents showing compliance with
their coverage requirements as set forth in §22.503 (k)(1), (2) and (3).
(4) Parties that accept responsibility for meeting the coverage requirements
and later fail to do so will be subject to automatic license cancellation
without further Commission action.
[ 64 FR 33784 , June 24, 1999]
§ 22.515 Permissible communications paths.
top
Mobile stations may communicate only with and through base stations. Base
stations may communicate only with mobile stations and receivers on land or
surface vessels.
§ 22.527 Signal boosters.
top
Licensees may install and operate signal boosters on channels listed in
§22.531 only in accordance with the provisions of §22.165 governing
additional transmitters for existing systems. Licensees must not allow any
signal booster that they operate to cause interference to the service or
operation of any other authorized stations or systems.
[ 61 FR 31051 , June 19, 1996]
§ 22.529 Application requirements for the Paging and Radiotelephone Service.
top
In addition to information required by subparts B and D of this part,
applications for authorization in the Paging and Radiotelephone Service
contain required information as described in the instructions to the form.
Site coordinates must be referenced to NAD83 and be correct to +-1 second.
(a) Administrative information. The following information, associated with
Form 601, is required as indicated. Each application of any type, including
applications for paging geographic area authorizations, must contain one and
only one Schedule A.
(1) The purpose of the filing is required for each application of any type.
(2) The geographic area designator, channel and geographic area name are
required only for each application for a paging geographic area
authorization.
(3) The FCC control point number, if any, the location (street address, city
or town, state), the telephone number and an indication of the desired
database action are required only for each application proposing to add or
delete a control point.
(4) The FCC location number, file number and location (street address, city
or town, state) of authorized facilities that have not been constructed are
required only for each application requesting an extension of time to
construct those facilities.
(b) Technical data. The following data, associated with FCC Form 601, are
required as indicated for each application. Applications for a paging
geographic area authorization must not contain Schedule B. Other type of
applications may contain as many Schedule Bs as are necessary for the
intended purpose.
(1) For each transmitting antenna site to be added, deleted or modified, the
following are required: an indication of the desired database action, the
Commission location number, if any, the street address or other description
of the transmitting antenna site, the city, county and state, the geographic
coordinates (latitude and longitude), correct to ±1 second, of the
transmitting antenna site (NAD83), and in the case of a proposed relocation
of a transmitting antenna, the Commission location number and geographic
coordinates, correct to ±1 second, of the transmitting antenna site (NAD83)
to which the geographic coordinates of the current location are referenced.
(2) For each transmitting antenna site to be added, deleted or modified, the
following supplementary information is required: An indication as to whether
or not the transmitting antenna site is within 200 kilometers (124 miles) of
the U.S.-Mexico border, and an indication as to whether or not the
transmitting antenna site is North of Line A or East of Line C. Line A and
Line C are defined in §2.1 of this chapter. For each adjacent geographic
area within 200 kilometers (124 miles) of each transmitting antenna site to
be added, deleted or modified, the geographic area designator and name, and
the shortest distance (in kilometers) to the boundary of that geographic
area.
(3) The height (in meters) above average terrain of the center of radiation
of the antenna, the beamwidth of the main lobe of the horizontal radiation
pattern of the electric field of the antenna, the height (in meters) to the
tip of the antenna above ground level, a polar plot of the horizontal gain
pattern of the antenna, the antenna gain in the maximum lobe and the
electric field polarization of the wave emitted by the antenna when
installed as proposed.
(i) The center frequency of the requested channel, the transmitter
classification (e.g. base, fixed mobile), the designator for any
non-standard emission type to be used, including bandwidth and modulation
type, and the maximum effective radiated power.
(ii) For each of the eight cardinal radials, the antenna height above the
average elevation along the radial, and the effective radiated power of each
transmitter in the direction of the radial.
(iii) For each transmitter proposed to transmit on a channel reserved for
point-to-multipoint operation involving transmission to four or more points
of communications (i.e. base transmitters), the following is required for
each point of communication: an indication of the desired database action,
the location (city or town, state), and the geographical coordinates
(latitude and longitude, NAD 83).
(c) Upon request by an applicant, licensee, or the Commission, a part 22
applicant or licensee of whom the request is made shall furnish the antenna
type, model, and the name of the antenna manufacturer to the requesting
party within ten (10) days of receiving written notification.
[ 62 FR 11635 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999]
Paging Operation
top
§ 22.531 Channels for paging operation.
top
The following channels are allocated for assignment to base transmitters
that provide paging service, either individually or collectively under a
paging geographic area authorization. Unless otherwise indicated, all
channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz.
Low VHF Channels
35.20 35.46 43.20 43.46
35.22 35.50 43.22 43.50
35.24 35.54 43.24 43.54
35.26 35.56 43.26 43.56
35.30 35.58 43.30 43.58
35.34 35.60 43.34 43.60
35.38 35.62 43.38 43.62
35.42 35.66 43.42 43.66
High VHF Channels
152.24 152.84 158.10 158.70
UHF Channels
931.0125 931.2625 931.5125 931.7625
931.0375 931.2875 931.5375 931.7875
931.0625 931.3125 931.5625 931.8125
931.0875 931.3375 931.5875 931.8375
931.1125 931.3625 931.6125 931.8625
931.1375 931.3875 931.6375 931.8875
931.1625 931.4125 931.6625 931.9125
931.1875 931.4375 931.6875 931.9375
931.2125 931.4625 931.7125 931.9625
931.2375 931.4875 931.7375 931.9875
(a)–(b) [Reserved]
(c) Upon application using FCC Form 601, common carriers may be authorized
to provide one-way paging service using the leased subcarrier facilities of
broadcast stations licensed under part 73 of this chapter.
(d) Occasionally in case law and other formal and informal documents, the
low VHF channels have been referred to as “lowband” channels, and the high
VHF channels have been referred to as “guardband” channels.
(e) Pursuant to the U.S.-Canada Interim Coordination Considerations for
929–932 MHz, as amended, only the following UHF channels may be assigned in
the continental United States North of Line A or in the State of Alaska East
of Line C, within the indicated longitudes:
(1) From longitude W.73° to longitude W.75° and from longitude W.78° to
longitude W.81°:
931.0125 931.1125 931.1875 931.2625
931.0375 931.1375 931.2125 931.8625
931.0625 931.1625 931.2375
(2) From longitude W.81° to longitude W.85°:
931.0125 931.2125 931.3875 931.5875
931.0375 931.2375 931.4125 931.6125
931.0625 931.2625 931.4625 931.6375
931.1125 931.2875 931.4875 931.8625
931.1375 931.3125 931.5125
931.1625 931.3375 931.5375
931.1875 931.3625 931.5625
(3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this
section:
931.0125 931.1625 931.2875 931.4125
931.0375 931.1875 931.3125 931.4625
931.0625 931.2125 931.3375 931.8625
931.1125 931.2375 931.3625
931.1375 931.2625 931.3875
(4) At any longitude, with authorization condition requiring coordinated,
shared use and equal access by licensees in both countries:
931.4375 931.8875 931.9125 931.9375
(f) For the purpose of issuing paging geographic authorizations, the paging
geographic areas used for UHF channels are the MEAs, and the paging
geographic areas used for the low and high VHF channels are the EAs (see
§22.503(b)).
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 62 FR 11635 , Mar. 12, 1997; 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24,
1999; 70 FR 19309 , Apr. 13, 2005]
§ 22.535 Effective radiated power limits.
top
The effective radiated power (ERP) of transmitters operating on the channels
listed in §22.531 must not exceed the limits in this section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in this
paragraph under any circumstances.
Frequency range (MHz) Maximum ERP (Watts)
35–36 600
43–44 500
152–159 1400
931–932 3500
(b) Basic power limit. Except as provided in paragraph (d) of this section,
the ERP of transmitters on the VHF channels must not exceed 500 Watts.
(c) Height-power limit. Except as provided in paragraph (d) of this section,
the ERP of transmitters on the VHF channels must not exceed the amount that
would result in an average distance to the service contour of 32.2
kilometers (20 miles). The average distance to the service contour is
calculated by taking the arithmetic mean of the distances determined using
the procedures specified in §22.537 for the eight cardinal radial
directions, excluding cardinal radial directions for which 90% or more of
the distance so calculated is over water.
(d) Encompassed interfering contour areas. Transmitters are exempt from the
basic power and height-power limits of this section if the area within their
interfering contours is totally encompassed by the interfering contours of
operating co-channel base transmitters controlled by the same licensee. For
the purpose of this paragraph, operating transmitters are authorized
transmitters that are providing service to subscribers.
(e) Adjacent channel protection. The ERP of transmitters must not exceed 500
Watts if they:
(1) Transmit on a channel in the 152–159 MHz frequency range and are located
less than 5 kilometers (3.1 miles) from any station licensed in the Private
Radio Services that receives on an adjacent channel; or,
(2) Transmit on channel 158.10 or 158.70 MHz and are located less than 5
kilometers (3.1 miles) from any station licensed in the Public Mobile
Services that receives on either of the following adjacent channels: 158.07
MHz or 158.67 MHz.
(f) Signal boosters. The effective radiated power of signal boosters must
not exceed 5 watts ERP under any normal operating condition.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996]
§ 22.537 Technical channel assignment criteria.
top
The rules in this section establish technical assignment criteria for the
channels listed in §22.531. These criteria permit channel assignments to be
made in a manner such that reception by public paging receivers of signals
from base transmitters, within the service area of such base transmitters,
is protected from interference caused by the operation of independent
co-channel base transmitters.
(a) Contour overlap. The FCC may grant an application requesting assignment
of a channel to a proposed base transmitter only if:
(1) The interfering contour of the proposed transmitter does not overlap the
service contour of any protected co-channel transmitter controlled by a
carrier other than the applicant, unless that carrier has agreed in writing
to accept any interference that may result from operation of the proposed
transmitter; and,
(2) The service contour of the proposed transmitter does not overlap the
interfering contour of any protected co-channel transmitter controlled by a
carrier other than the applicant, unless the applicant agrees to accept any
interference that may result from operation of the protected co-channel
transmitter; and,
(3) The area and/or population to which service would be provided by the
proposed transmitter is substantial, and service gained would exceed that
lost as a result of agreements to accept interference.
(b) Protected transmitter. For the purposes of this section, protected
transmitters are authorized transmitters for which there is a current FCC
public record and transmitters proposed in prior-filed pending applications.
(c) VHF service contour. For paging stations transmitting on the VHF
channels, the distance from the transmitting antenna to the service contour
along each cardinal radial is calculated as follows:
d=1.243×h^0.40 ×p^0.20
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be
used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than 27 dB
less than the maximum ERP in any direction or 0.1 Watt, whichever is more.
(3) The distance from the transmitting antenna to the service contour along
any radial other than the eight cardinal radials is routinely calculated by
linear interpolation of distance as a function of angle. However, in
resolving petitions to deny, the FCC may calculate the distance to the
service contour using the formula in paragraph (c) of this section with
actual HAAT and ERP data for the inter-station radial and additional radials
above and below the inter-station radial at 2.5° intervals.
(d) VHF interfering contour. For paging stations transmitting on the VHF
channels, the distance from the transmitting antenna to the interfering
contour along each cardinal radial is calculated as follows:
d=6.509×h^0.28 ×p^0.17
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be
used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than 27 dB
less than the maximum ERP in any direction or 0.1 Watt, whichever is more.
(3) The distance from the transmitting antenna to the interfering contour
along any radial other than the eight cardinal radials is routinely
calculated by linear interpolation of distance as a function of angle. In
resolving petitions to deny, however, the FCC may calculate the distance to
the interfering contour using the formula in paragraph (d) of this section
with actual HAAT and ERP data for the inter-station radial and additional
radials above and below the inter-station radial at 2.5° intervals.
(e) 931 MHz service contour. For paging stations transmitting on the 931 MHz
channels, the service contour is a circle, centered on the transmitting
antenna, with a radius determined from Table E–1 of this section.
Table E—1–931 MHz Paging Service Radii
Service radius km (miles) Effective radiated power (Watts)
Antenna HAAT meters (feet) 0–125 126–250 251–500 501–1000 1001–1860
1861–3500
0–177 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20)
(0–581)
178–305 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26)
(582–1001)
306–427 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35)
(1002–1401)
428–610 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35)
(1402–2001)
611–861 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52)
(2002–2825)
862–1219 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52)
(2826–3999)
1220+ 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52)
(4000+)
(f) 931 MHz interfering contour. For paging stations transmitting on the 931
MHz channels, the interfering contour is a circle, centered on the
transmitting antenna, with a radius determined from Table E–2 of this
section.
Table E—2–931 MHz Paging Interfering Radii
Interfering radius km (miles) Effective radiated power (Watts)
Antenna HAAT meters (feet) 0–125 126–250 251–500 501–1000 1001–1860
1861–3500
0–177 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50)
(0–581)
178–305 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60)
(582–1001)
306–427 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81)
(1002–1401)
428–610 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81)
(1402–2001)
611–861 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119)
(2002–2825)
862–1219 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119)
(2826–3999)
1220+
(4000+) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) 191.5
(119)
(g) In-building radiation systems . The locations of in-building radiation
systems must be within the service contour(s) of the licensee's authorized
transmitter(s) on the same channel. In-building radiation systems are not
protected facilities, and therefore do not have service or interfering
contours.
(h) Signal boosters on 931 MHz channels. For the purpose of compliance with
§22.165 and notwithstanding paragraphs (e) and (f) of this section, signal
boosters operating on the 931 MHz channels with an antenna HAAT not
exceeding 30 meters (98 feet) are deemed to have as a service contour a
circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering
contour a circle with a radius of 10 kilometers (6.2 miles).
[ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996]
§ 22.559 Paging application requirements.
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In addition to information required by subparts B and D and §22.529,
applications for authorization to operate a paging transmitter on the
channels listed in §22.531, other than applications for a paging geographic
area authorization, must contain the applicable supplementary information
described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of this
section, an exhibit demonstrating compliance with §22.537 with regard to
protected transmitters is required for applications to operate a transmitter
on the VHF channels. This exhibit must:
(1) Identify each protected transmitter located within 109 kilometers (68
miles) of the proposed transmitter in directions in which the distance to
the interfering contour is 76.5 kilometers (47.5 miles) or less, and within
178 kilometers (111 miles) of the proposed transmitter in directions in
which the distance to the interfering contour exceeds 76.5 kilometers (47.5
miles).
(2) For each protected transmitter identified, show the results of distance
calculations indicating that there would be no overlap of service and
interfering contours, or alternatively, indicate that the licensee of or
applicant for the protected transmitter and/or the applicant, as required,
have agreed in writing to accept any interference resulting from operation
of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within the
interfering contour of the proposed transmitter would be totally encompassed
by interfering contours of operating co-channel base transmitters controlled
by the applicant is required for applications to operate a transmitter with
ERP exceeding the basic power and height-power limits of §22.535. For VHF
transmitters, this encompassment exhibit may substitute for the interference
exhibit required in paragraph (a) of this section.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997]
One-way or Two-way Mobile Operation
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§ 22.561 Channels for one-way or two-way mobile operation.
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The following channels are allocated for paired assignment to transmitters
that provide (or support other transmitters that provide) one-way or two-way
public land mobile service, either individually or collectively under a
paging geographic area authorization. The paging geographic areas used for
these channels are the EAs ( see §22.503(b)(3)). These channels may be
assigned for use by mobile or base transmitters as indicated, and or by
fixed transmitters (including control, repeater or other fixed
transmitters). The mobile channels may also be assigned for use by base or
fixed transmitters under certain circumstances ( see §22.567(h)). Unless
otherwise indicated, all channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
Base Mobile Base Mobile
VHF Channels
152.03 158.49 152.57 157.83
152.06 158.52 152.60 157.86
152.09 158.55 152.63 157.89
152.12 158.58 152.66 157.92
152.15 158.61 152.69 157.95
152.18 158.64 152.72 157.98
152.21 158.67 152.75 158.01
152.51 157.77 152.78 158.04
152.54 157.80 152.81 158.07
UHF Channels
454.025 459.025 454.350 459.350
454.050 459.050 454.375 459.375
454.075 459.075 454.400 459.400
454.100 459.100 454.425 459.425
454.125 459.125 454.450 459.450
454.150 459.150 454.475 459.475
454.175 459.175 454.500 459.500
454.200 459.200 454.525 459.525
454.225 459.225 454.550 459.550
454.250 459.250 454.575 459.575
454.275 459.275 454.600 459.600
454.300 459.300 454.625 459.625
454.325 459.325 454.650 459.650
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 62 FR 11636 , Mar. 12, 1997]
§ 22.565 Transmitting power limits.
top
The transmitting power of base, mobile and fixed transmitters operating on
the channels listed in §22.561 must not exceed the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of base and fixed
transmitters must not exceed the applicable limits in this paragraph under
any circumstances.
Frequency range (MHz) Maximum ERP (watts)
152–153 1400
157–159 150
454–455 3500
459–460 150
(b) Basic power limit. Except as provided in paragraph (d) of this section,
the ERP of base transmitters must not exceed 500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed the amount that would
result in an average distance to the service contour of 41.6 kilometers (26
miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The
average distance to the service contour is calculated by taking the
arithmetic mean of the distances determined using the procedures specified
in §22.567 for the eight cardinal radial directions, excluding cardinal
radial directions for which 90% or more of the distance so calculated is
over water.
(d) Encompassed interfering contour areas. Base transmitters are exempt from
the basic power and height-power limits of this section if the area within
their interfering contours is totally encompassed by the interfering
contours of operating co-channel based transmitters controlled by the same
licensee. For the purpose of this paragraph, operating transmitters are
authorized transmitters that are providing service to subscribers.
(e) Adjacent channel protection. The ERP of base and fixed transmitters must
not exceed 500 Watts if they transmit on channel 454.025 MHz and are located
less than 7 kilometers (4.3 miles) from any Private Radio Services station
receiving on adjacent channel 454.0000 MHz.
(f) Mobile transmitters. The transmitter output power of mobile transmitters
must not exceed 60 watts.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.567 Technical channel assignment criteria.
top
The rules in this section establish technical assignment criteria for the
channels listed in §22.561. The criteria in paragraphs (a) through (f) of
this section permit channel assignments to be made in a manner such that
reception by public mobile receivers of signals from base transmitters,
within the service area of such base transmitters, is protected from
interference caused by the operation of independent co-channel base and
fixed transmitters in the Paging and Radiotelephone Service and central
office stations, including Basic Exchange Telephone Radio Systems (BETRS),
in the Rural Radiotelephone Service. Additional criteria in paragraph (g) of
this section permit channel assignments to be made in a manner such that
BETRS communications are protected from interference caused by the operation
of independent co-channel base and fixed transmitters in the Paging and
Radiotelephone Service and other central office stations in the Rural
Radiotelephone Service. Separate criteria in paragraph (h) of this section
apply only to assignment of the channels designated in §22.561 as mobile
channels to base and fixed transmitters, and permit these channel
assignments to be made in a manner such that reception by public base and
fixed receivers of signals from associated mobile and fixed transmitters is
protected from interference caused by the operation of independent
co-channel base and fixed transmitters.
(a) Contour overlap. The FCC may grant an application requesting assignment
of a channel to a proposed base, fixed or central office station transmitter
only if:
(1) The interfering contour of the proposed transmitter does not overlap the
service contour of any protected co-channel transmitter controlled by a
carrier other than the applicant, unless that carrier has agreed in writing
to accept any interference that may result from operation of the proposed
transmitter; and
(2) The service contour of the proposed transmitter does not overlap the
interfering contour of any protected co-channel transmitter controlled by a
carrier other than the applicant, unless the application contains a
statement that the applicant agrees to accept any interference that may
result from operation of the protected co-channel transmitter; and
(3) The area and/or population to which service would be provided by the
proposed transmitter is substantial, and service gained would exceed that
lost as a result of agreements to accept interference.
(b) Protected transmitter. For the purposes of this section, protected
transmitters are authorized transmitters for which there is a current FCC
public record and transmitters proposed in prior-filed pending applications,
in the Paging and Radiotelephone Service and the Rural Radiotelephone
Service.
(c) VHF service contour. For base stations transmitting on the VHF channels,
the radial distance from the transmitting antenna to the service contour
along each cardinal radial is calculated as follows:
d=1.609×h^0.40 ×p^0.20
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be
used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than 27 dB
less than the maximum ERP in any direction, or 0.1 Watt, whichever is more.
(3) The distance from the transmitting antenna to the service contour along
any radial other than the eight cardinal radials is routinely calculated by
linear interpolation of distance as a function of angle. However, in
resolving petitions to deny, the FCC may calculate the distance to the
service contour using the formula in paragraph (c) of this section with
actual HAAT and ERP data for the inter-station radial and additional radials
above and below the inter-station radial at 2.5° intervals.
(d) VHF interfering contour. For base and fixed stations transmitting on the
VHF channels, the radial distance from the transmitting antenna to the
interfering contour along each cardinal radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=8.577×h^0.24 ×p^0.19
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used
as the value for h in the above formula.
(2) If the radial antenna HAAT is 150 meters or more:
d=12.306×h^0.23 ×p^0.14
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(3) The value used for p in the above formulas must not be less than 27 dB
less than the maximum ERP in any direction, or 0.1 Watt, whichever is more.
(4) The distance from the transmitting antenna to the interfering contour
along any radial other than the eight cardinal radials is routinely
calculated by linear interpolation of distance as a function of angle.
However, in resolving petitions to deny, the FCC may calculate the distance
to the interfering contour using the appropriate formula in paragraph (d) of
this section with actual HAAT and ERP data for the inter-station radial and
additional radials above and below the inter-station radial at 2.5°
intervals.
(e) UHF service contour. For base stations transmitting on the UHF channels,
the radial distance from the transmitting antenna to the service contour
along each cardinal radial is calculated as follows:
d=1.726×h^0.35 ×p^0.18
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be
used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than 27 dB
less than the maximum ERP in any direction, or 0.1 Watt, whichever is more.
(3) The distance from the transmitting antenna to the service contour along
any radial other than the eight cardinal radials is routinely calculated by
linear interpolation of distance as a function of angle. However, in
resolving petitions to deny, the FCC may calculate the distance to the
service contour using the formula in paragraph (e) of this section with
actual HAAT and ERP data for the inter-station radial and addition radials
above and below the below the inter-station radial at 2.5° intervals.
(f) UHF interfering contour. For base and fixed stations transmitting on the
UHF channels, the radial distance from the transmitting antenna to the
interfering contour along each cardinal radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=9.471×h^0.23 ×p^0.15
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used
as the value for h in the above formula.
(2) If the radial antenna HAAT is 150 meters or more:
d=6.336×h^0.31 ×p^0.15
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(3) The value used for p in the above formula must not be less than 27 dB
less than the maximum ERP in any direction, or 0.1 Watt, whichever is more.
(4) The distance from the transmitting antenna to the interfering contour
along any radial other than the eight cardinal radials is routinely
calculated by linear interpolation of distance as a function of angle.
However, in resolving petitions to deny, the FCC may calculate the distance
to the interfering contour using the appropriate formula in paragraph (f) of
this section with actual HAAT and ERP data for the inter-station radial and
additional radials above and below the inter-station radial at 2.5°
intervals.
(g) Protection for BETRS. In applying the provisions of paragraph (a) of
this section, if either or both of the transmitters involved is a BETRS
central office station, the following contour substitutions must be used:
(1) The service contour of the BETRS central office station(s) is a circle,
centered on the central office station antenna, with a radius of 40
kilometers (25 miles).
(2) The interfering contour of any station of any type, when determining
whether it would overlap the service contour of a BETRS central office
station, is calculated as follows:
d=36.364×h^0.2 × p^0.1
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used
as the value for h in the above formula. The value used for p in the above
formula must not be less than 27 dB less than the maximum ERP in any
direction, or 0.1 Watt, whichever is more.
(h) Assignment of mobile channels to base or fixed transmitters. Mobile
channels may be assigned to base or fixed transmitters if the following
criteria are met:
(1) The paired base channel, as designated in §22.561, is assigned to base
transmitters in the same geographical area operated by the same licensee.
(2) The authorization is granted subject to the condition that no
interference be caused to fixed receivers in use on or prior to the date of
the grant.
§ 22.571 Responsibility for mobile stations.
top
Mobile stations that are subscribers in good standing to a two-way service
in the Paging and Radiotelephone Service, when receiving service from that
station, are considered to be operating under the authorization of that
station. Licensees are responsible for exercising effective operational
control over mobile stations receiving service through their stations.
Mobile stations that are subscribers in good standing to a two-way service
in the Paging and Radiotelephone Service, while receiving service from a
different station, are considered to be operating under the authorization of
such different station. The licensee of such different station is
responsible, during such temporary period, for exercising effective
operational control over such mobile stations as if they were subscribers to
it.
§ 22.573 Use of base transmitters as repeaters.
top
As an additional function, base transmitters may be used as repeaters.
Licensees must be able to turn the base transmitter on or off from the
control point regardless of whether a subscriber-operated transmitter is
transmitting.
§ 22.575 Use of mobile channel for remote control of station functions.
top
Carriers may remotely control station functions (e.g. shut down or
reactivate base transmitters, turn aviation obstruction warning lights on or
off, etc.) using a control transmitter operating on a mobile channel,
subject to the conditions in this section and in §22.567(h).
(a) The control transmitter must be capable of overriding transmissions from
subscriber-operated transmitters if necessary. Subscriber-operated
transmitters must not be capable of being used to deliberately or
accidentally prevent the licensee from controlling the station.
(b) The licensee must implement measures designed to prevent station
functions from being controlled by persons not authorized by the licensee to
control the station.
(c) The control transmitter location must be within the composite service
contour of the licensee's authorized station on the paired base channel.
§ 22.579 Operation of mobile transmitters across U.S.-Canada border.
top
Mobile stations licensed by Canada may receive two-way service while in the
United States from stations licensed under this part, after authorization
has been granted by the FCC. Mobile stations that normally operate under the
authority of base stations licensed under this part may receive two-way
service while in Canada from stations licensed under this part or by Canada,
upon authorization by Canada.
§ 22.589 One-way or two-way application requirements.
top
In addition to information required by subparts B and D and §22.529,
applications for authorization to operate a paging transmitter on the
channels listed in §22.531, other than applications for a paging geographic
area authorization, must contain the applicable supplementary information
described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of this
section, an exhibit demonstrating compliance with §22.567 with regard to
protected transmitters is required. This exhibit must:
(1) For UHF channels, identify each protected transmitter located within 108
kilometers (67 miles) of the proposed transmitter in directions in which the
distance to the interfering contour is 76.4 kilometers (47.5 miles) or less,
and within 178 kilometers (111 miles) of the proposed transmitter in
directions in which the distance to the interfering contour exceeds 76.4
kilometers (47.5 miles); and identify each protected Basic Exchange
Telephone Radio System central office transmitter in the Rural
Radiotelephone Service within 231 kilometers (144 miles),
(2) For VHF channels, identify each protected transmitter located within 135
kilometers (84 miles) of the proposed transmitter in directions in which the
distance to the interfering contour is 93.3 kilometers (58 miles) or less,
and within 178 kilometers (111 miles) of the proposed transmitter in
directions in which the distance to the interfering contour exceeds 93.3
kilometers (58 miles).
(3) For each protected transmitter identified, show the results of distance
calculations indicating that there would be no overlap of service and
interfering contours, or alternatively, indicate that the licensee of or
applicant for the protected transmitter and/or the applicant, as required,
have agreed in writing to accept any interference resulting from operation
of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within the
interfering contour of the proposed transmitter would be totally encompassed
by interfering contours of operating co-channel base transmitters controlled
by the applicant is required for applications to operate a transmitter with
ERP exceeding the basic power and height-power limits of §22.565. This
encompassment exhibit may substitute for the interference exhibit required
in paragraph (a) of this section.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997]
Point-to-Point Operation
top
§ 22.591 Channels for point-to-point operation.
top
The following channels are allocated for assignment to fixed transmitters
that support other transmitters that provide public mobile service. Unless
otherwise indicated, all channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
VHF Channels
72.02 72.36 72.80 75.66
72.04 72.38 72.82 75.68
72.06 72.40 72.84 75.70
72.08 72.42 72.86 75.72
72.10 72.46 72.88 75.74
72.12 72.50 72.90 75.76
72.14 72.54 72.92 75.78
72.16 72.58 72.94 75.80
72.18 72.62 72.96 75.82
72.20 72.64 72.98 75.84
72.22 72.66 75.42 75.86
72.24 72.68 75.46 75.88
72.26 72.70 75.50 75.90
72.28 72.72 75.54 75.92
72.30 72.74 75.58 75.94
72.32 72.76 75.62 75.96
72.34 72.78 75.64 75.98
72.10 72.46 72.88 75.74
72.12 72.50 72.90 75.76
72.14 72.54 72.92 75.78
72.16 72.58 72.94 75.80
72.18 72.62 72.96 75.82
72.20 72.64 72.98 75.84
72.22 72.66 75.42 75.86
72.24 72.68 75.46 75.88
72.26 72.70 75.50 75.90
72.28 72.72 75.54 75.92
72.30 72.74 75.58 75.94
72.32 72.76 75.62 75.96
72.34 72.78 75.64 75.98
UHF Channels—State of Hawaii
488.250 491.250 489.750 492.750
488.750 491.750 490.250 493.250
489.250 492.250 490.750 493.750
(a) The 72–76 MHz channels may be assigned under developmental authority
pursuant to the requirements of §22.413. The 72–76 MHz channels may also be
used in point-to-multipoint configurations. The 72–76 MHz channels are also
allocated for assignment in the Private Radio Services (see part 90 of this
chapter).
(b) [Reserved]
(c) Channels in the frequency ranges 488.250–490.750 and 491.250–493.750 MHz
may be assigned only to inter-island fixed stations located in the State of
Hawaii.
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.593 Effective radiated power limits.
top
The effective radiated power of fixed stations operating on the channels
listed in §22.591 must not exceed 150 Watts. The equivalent isotropically
radiated power of existing fixed microwave stations (2110–2130 and 2160–2180
MHz) licensed under this part (pursuant to former rules) must not exceed the
applicable limits set forth in §101.113 of this chapter.
[ 70 FR 19309 , Apr. 13, 2005]
§ 22.599 Assignment of 72–76 MHz channels.
top
Because of the potential for interference to the reception of TV Channels 4
and 5 by broadcast television sets and video recorders, assignments of the
72–76 MHz channels are subject to the following conditions:
(a) Assignments of 72–76 MHz channels for use within 129 kilometers (80
miles) of a full service TV station transmitting on TV Channel 4 or 5 are
subject to the condition that the licensee must eliminate any interference
caused to television reception on TV Channels 4 and 5. If the FCC notifies
the licensee of an interference problem and the licensee does not resolve
the problem within 90 days of such notification, operation of the
interfering 72–76 MHz fixed station must be immediately discontinued.
(b) 72–76 MHz channels may be assigned for use within 16 kilometers (10
miles) of a full service TV station transmitting on TV Channel 4 or 5 under
a developmental authorization, pursuant to §22.413. However, for use within
50 meters (164 feet) of a TV station transmitting on TV Channel 4 or 5,
72–76 MHZ channels may be assigned under a regular authorization, rather
than a developmental authorization.
§ 22.601 Existing microwave stations licensed under this part.
top
Existing microwave stations (2110–2130 and 2160–2180 MHz) licensed under
this part (pursuant to former rules) are subject to the transition rules in
§22.602. No new microwave systems will be authorized under this part.
(a) Coordination required. Before filing applications for authority to
modify existing stations on these channels or major amendments to such
applications, carriers must coordinate the planned channel usage, using the
procedure outlined in §22.150, with affected parties in this radio service
and the Point-to-Point Microwave Service and the Multipoint Distribution
Service. Affected parties are licensees and other applicants with previously
filed pending applications whose stations could affect or be affected by the
proposed modification of the existing station in terms of interference.
(b) System parameters. In designing a system modification, the applicant
must select sites, equipment and channels that will avoid harmful
interference to other users. All parties must cooperate fully and make
reasonable efforts to resolve technical problems and conflicts that may
inhibit the most effective and efficient use of the radio spectrum; however,
a party receiving notification is not obligated to suggest changes or
re-design a proposal in cases involving conflicts. The applicant must
identify in the application all parties with which the technical proposal
was coordinated. In the event that technical problems are not resolved or if
an affected party does not respond to coordination efforts within 30 days
after notification, an explanation must be contained in the application.
Where technical conflicts are resolved by an agreement between the parties
that requires special procedures to reduce the likelihood of harmful
interference (such as the use of artificial site shielding), or would result
in a reduction of quality or capacity of either system, the details thereof
must be contained in the application.
(c) Bandwidth. Applicants must request the minimum emission bandwidth
necessary. The FCC does not authorize bandwidths larger than 800 kHz under
this part.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.602 Transition of the 2110–2130 and 2160–2180 MHz channels to emerging
technologies.
top
The 2110–2130 and 2160–2180 MHz microwave channels formerly listed in
§22.591 have been re-allocated for use by emerging technologies (ET)
services. No new systems will be authorized under this part. The rules in
this section provide for a transition period during which existing Paging
and Radiotelephone Service (PARS) licensees using these channels may
relocate operations to other media or to other fixed channels, including
those in other microwave bands. For PARS licensees relocating operations to
other microwave bands, authorization must be obtained under part 101 of this
chapter.
(a) Licensees proposing to implement ET services may negotiate with PARS
licensees authorized to use these channels, for the purpose of agreeing to
terms under which the PARS licensees would—
(1) Relocate their operations to other fixed microwave bands or other media,
or alternatively,
(2) Accept a sharing arrangement with the ET licensee that may result in an
otherwise impermissible level of interference to the PARS operations.
(b) [Reserved]
(c) Relocation of fixed microwave licensees in the 2110–2130 MHz and
2160–2180 MHz bands will be subject to mandatory negotiations only. A
separate mandatory negotiation period will commence for each fixed microwave
licensee when an ET licensee informs that fixed microwave licensee in
writing of its desire to negotiate. Mandatory negotiation periods are
defined as follows:
(1) Non-public safety incumbents will have a two-year mandatory negotiation
period; and
(2) Public safety incumbents will have a three-year mandatory negotiation
period.
(d) The mandatory negotiation period is triggered at the option of the ET
licensee. Once mandatory negotiations have begun, a PARS licensee may not
refuse to negotiate and all parties are required to negotiate in good faith.
Good faith requires each party to provide information to the other that is
reasonably necessary to facilitate the relocation process. In evaluating
claims that a party has not negotiated in good faith, the FCC will consider,
inter alia, the following factors:
(1) Whether the ET licensee has made a bona fide offer to relocate the PARS
licensee to comparable facilities in accordance with Section 101.75(b) of
this chapter;
(2) If the PARS licensee has demanded a premium, the type of premium
requested ( e.g., whether the premium is directly related to relocation,
such as system-wide relocations and analog-to-digital conversions, versus
other types of premiums), and whether the value of the premium as compared
to the cost of providing comparable facilities is disproportionate ( i.e.,
whether there is a lack of proportion or relation between the two);
(3) What steps the parties have taken to determine the actual cost of
relocation to comparable facilities;
(4) Whether either party has withheld information requested by the other
party that is necessary to estimate relocation costs or to facilitate the
relocation process. Any party alleging a violation of our good faith
requirement must attach an independent estimate of the relocation costs in
question to any documentation filed with the Commission in support of its
claim. An independent cost estimate must include a specification for the
comparable facility and a statement of the costs associated with providing
that facility to the incumbent licensee.
(e) Involuntary period. After the end of the mandatory negotiation period,
ET licensees may initiate involuntary relocation procedures under the
Commission's rules. ET licensees are obligated to pay to relocate only the
specific microwave links to which their systems pose an interference
problem. Under involuntary relocation, a PARS licensee is required to
relocate, provided that:
(1) The ET applicant, provider, licensee or representative guarantees
payment of relocation costs, including all engineering, equipment, site and
FCC fees, as well as any legitimate and prudent transaction expenses
incurred by the PARS licensee that are directly attributable to an
involuntary relocation, subject to a cap of two percent of the hard costs
involved. Hard costs are defined as the actual costs associated with
providing a replacement system, such as equipment and engineering expenses.
ET licensees are not required to pay PARS licensees for internal resources
devoted to the relocation process. ET licensees are not required to pay for
transaction costs incurred by PARS licensees during the voluntary or
mandatory periods once the involuntary period is initiated or for fees that
cannot be legitimately tied to the provision of comparable facilities;
(2) The ET applicant, provider, licensee or representative completes all
activities necessary for implementing the replacement facilities, including
engineering and cost analysis of the relocation procedure and, if radio
facilities are involved, identifying and obtaining, on the incumbents
behalf, new channels and frequency coordination; and,
(3) The ET applicant, provider, licensee or representative builds the
replacement system and tests it for comparability with the existing 2 GHz
system.
(f) Comparable Facilities. The replacement system provided to an incumbent
during an involuntary relocation must be at least equivalent to the existing
PARS system with respect to the following three factors:
(1) Throughput. Communications throughput is the amount of information
transferred within a system in a given amount of time. If analog facilities
are being replaced with analog, the ET licensee is required to provide the
PARS licensee with an equivalent number of 4 kHz voice channels. If digital
facilities are being replaced with digital, the ET licensee must provide the
PARS licensee with equivalent data loading bits per second (bps). ET
licensees must provide PARS licensees with enough throughput to satisfy the
PARS licensee's system use at the time of relocation, not match the total
capacity of the PARS system.
(2) Reliability. System reliability is the degree to which information is
transferred accurately within a system. ET licensees must provide PARS
licensees with reliability equal to the overall reliability of their system.
For digital data systems, reliability is measured by the percent of time the
bit error rate (BER) exceeds a desired value, and for analog or digital
voice transmissions, it is measured by the percent of time that audio signal
quality meets an established threshold. If an analog voice system is
replaced with a digital voice system, only the resulting frequency response,
harmonic distortion, signal-to-noise ratio and its reliability will be
considered in determining comparable reliability.
(3) Operating Costs. Operating costs are the cost to operate and maintain
the PARS system. ET licensees must compensate PARS licensees for any
increased recurring costs associated with the replacement facilities (e.g.
additional rental payments, increased utility fees) for five years after
relocation. ET licensees may satisfy this obligation by making a lump-sum
payment based on present value using current interest rates. Additionally,
the maintenance costs to the PARS licensee must be equivalent to the 2 GHz
system in order for the replacement system to be considered comparable.
(g) The PARS licensee is not required to relocate until the alternative
facilities are available to it for a reasonable time to make adjustments,
determine comparability, and ensure a seamless handoff.
(h) [Reserved]
(i) After April 25, 1996, all major modifications and extensions to existing
PARS systems operating on channels in the 2110–2130 and 2160–2180 MHz bands
will be authorized on a secondary basis to future ET operations. All other
modifications will render the modified PARS license secondary to future ET
operations unless the incumbent affirmatively justifies primary status and
the incumbent PARS licensee establishes that the modification would not add
to the relocation costs of ET licensees. Incumbent PARS licensees will
maintain primary status for the following technical changes:
(1) Decreases in power;
(2) Minor changes (increases or decreases) in antenna height;
(3) Minor location changes (up to two seconds);
(4) Any data correction which does not involve a change in the location of
an existing facility;
(5) Reductions in authorized bandwidth;
(6) Minor changes (increases or decreases) in structure height;
(7) Changes (increases or decreases) in ground elevation that do not affect
centerline height;
(8) Minor equipment changes.
(j) Sunset. PARS licensees will maintain primary status in the 2110–2130 MHz
and 2160–2180 MHz bands unless and until an ET licensee requires use of the
spectrum. ET licensees are not required to pay relocation costs after the
relocation rules sunset ( i.e. , for the 2110–2130 MHz and 2160–2180 MHz
bands, ten years after the first ET license is issued in the respective
band). Once the relocation rules sunset, an ET licensee may require the
incumbent to cease operations, provided that the ET licensee intends to turn
on a system within interference range of the incumbent, as determined by TIA
TSB 10–F or any standard successor. ET licensee notification to the affected
PARS licensee must be in writing and must provide the incumbent with no less
than six months to vacate the spectrum. After the six-month notice period
has expired, the PARS licensee must turn its license back into the
Commission, unless the parties have entered into an agreement which allows
the PARS licensee to continue to operate on a mutually agreed upon basis. If
the parties cannot agree on a schedule or an alternative arrangement,
requests for extension will be accepted and reviewed on a case-by-case
basis. The Commission will grant such extensions only if the incumbent can
demonstrate that:
(1) It cannot relocate within the six-month period ( e.g. , because no
alternative spectrum or other reasonable option is available), and;
(2) The public interest would be harmed if the incumbent is forced to
terminate operations ( e.g. , if public safety communications services would
be disrupted).
(k) Reimbursement and relocation expenses in the 2110–2130 MHz and 2160–2180
MHz bands. Whenever an ET licensee in the 2110–2130 MHz and 2160–2180 MHz
band relocates a paired PARS link with one path in the 2110–2130 MHz band
and the paired path in the 2160–2180 MHz band, the ET license will be
entitled to reimbursement pursuant to the procedures described in §§27.1160
through 27.1174 of this chapter.
[ 61 FR 29689 , June 12, 1996, as amended at 70 FR 19309 , Apr. 13, 2005; 71 FR 29834 , May 24, 2006]
§ 22.603 488–494 MHz fixed service in Hawaii.
top
Before filing applications for authorization of inter-island control and/or
repeater stations, applicants must coordinate the planned channel usage with
existing licensees and other applicants with previously filed applications,
using the procedure outlined in §22.150. Applicants and licensees shall
cooperate fully and make reasonable efforts to resolve any channel usage
conflicts. In situations where technical solutions to such conflicts cannot
be devised, the FCC may select a channel or channels to assign or may
designate the application(s) for hearing. To be acceptable for filing,
applications and major technical amendments must contain a certification
that coordination has been completed and an exhibit listing the name(s) of
the licensees and applicants with which the planned channel usage has been
coordinated.
Point-to-Multipoint Operation
top
§ 22.621 Channels for point-to-multipoint operation.
top
The following channels are allocated for assignment to transmitters utilized
within point-to-multipoint systems that support transmitters that provide
public mobile service. Unless otherwise indicated, all channels have a
bandwidth of 20 kHz and are designated by their center frequencies in
MegaHertz. No new licenses will be issued for any 900 MHz frequencies in
this section. See part 101, subpart O of this chapter for treatment of
incumbents and for new licensing procedures. Incumbents under part 22 are
subject to the restrictions of part 101, subpart O of this chapter but may
make permissible modifications, transfers, assignments, or renew their
licenses using procedures, forms, fees, and filing requirements of part 22.
Public Mobile Pool
(25 kHz bandwidth)
928.8625 959.8625 928.9375 959.9375
928.8875 959.8875 928.9625 959.9625
928.9125 959.9125 928.9875 959.9875
(12.5 kHz bandwidth)
928.85625 959.85625 928.93125 959.93125
928.86875 959.86875 928.94375 959.94375
928.88125 959.88125 928.95625 959.95625
928.89375 959.89375 928.96875 959.96875
928.90625 959.90625 928.98125 959.98125
928.91875 959.91875 928.99375 959.99375
Private Radio General Access Pool
(25 kHz bandwidth)
956.2625 956.3125 956.3625 956.4125
956.2875 956.3375 956.3875 956.4375
928.0125 952.0125 928.1875 952.1875
928.0375 952.0375 928.2125 952.2125
928.0625 952.0625 928.2375 952.2375
928.0875 952.0875 928.2625 952.2625
928.1125 952.1125 928.2875 952.2875
928.1375 952.1375 928.3125 952.3125
928.1625 952.1625 928.3375 952.3375
(12.5 kHz bandwidth)
956.25625 956.30625 956.35625 956.40625
956.26875 956.31875 956.36875 956.41875
956.28125 956.33125 956.38125 956.43125
956.29375 956.34375 956.39375 956.44375
928.00625 952.00625 928.18125 952.18125
928.01875 952.01875 928.19375 952.19375
928.03125 952.03125 928.20625 952.20625
928.04375 952.04375 928.21875 952.21875
928.05625 952.05625 928.23125 952.23125
928.06875 952.06875 928.24375 952.24375
928.08125 952.08125 928.25625 952.25625
928.09375 952.09375 928.26875 952.26875
928.10625 952.10625 928.28125 952.28125
928.11875 952.11875 928.29375 952.29375
928.13125 952.13125 928.30625 952.30625
928.14375 952.14375 928.31875 952.31875
928.15625 952.15625 928.33125 952.33125
928.16875 952.16875 928.34375 952.34375
Private Radio Power Pool
(25 kHz bandwidth)
928.3625 952.3625 928.6125 952.6125
928.3875 952.3875 928.6375 952.6375
928.4125 952.4125 928.6625 952.6625
928.4375 952.4375 928.6875 952.6875
928.4625 952.4625 928.7125 952.7125
928.4875 952.4875 928.7375 952.7375
928.5125 952.5125 928.7625 952.7625
928.5375 952.5375 928.7875 952.7875
928.5625 952.5625 928.8125 952.8125
928.5875 952.5875 928.8375 952.8375
(12.5 kHz bandwidth)
928.35625 952.35625 928.60625 952.60625
928.36875 952.36875 928.61875 952.61875
928.38125 952.38125 928.63125 952.63125
928.39375 952.39375 928.64375 952.64375
928.40625 952.40625 928.65625 952.65625
928.41875 952.41875 928.66875 952.66875
928.43125 952.43125 928.68125 952.68125
928.44375 952.44375 928.69375 952.69375
928.45625 952.45625 928.70625 952.70625
928.46875 952.46875 928.71875 952.71875
928.48125 952.48125 928.73125 952.73125
928.49375 952.49375 928.74375 952.74375
928.50625 952.50625 928.75625 952.75625
928.51875 952.51875 928.76875 952.76875
928.53125 952.53125 928.78125 952.78125
928.54375 952.54375 928.79375 952.79375
928.55625 952.55625 928.80625 952.80625
928.56875 952.56875 928.81875 952.81875
928.58125 952.58125 928.83125 952.83125
928.59375 952.59375 928.84375 952.84375
Public, Private, Government Shared Pool
(12.5 kHz bandwidth)
932.00625 941.00625 932.25625 941.25625
932.01875 941.01875 932.26875 941.26875
932.03125 941.03125 932.28125 941.28125
932.04375 941.04375 932.29375 941.29375
932.05625 941.05625 932.30625 941.30625
932.06875 941.06875 932.31875 941.31875
932.08125 941.08125 932.33125 941.33125
932.09375 941.09375 932.34375 941.34375
932.10625 941.10625 932.35625 941.35625
932.11875 941.11875 932.36875 941.36875
932.13125 941.13125 932.38125 941.38125
932.14375 941.14375 932.39375 941.39375
932.15625 941.15625 932.40625 941.40625
932.16875 941.16875 932.41875 941.41875
932.18125 941.18125 932.43125 941.43125
932.19375 941.19375 932.44375 941.44375
932.20625 941.20625 932.45625 941.45625
932.21875 941.21875 932.46875 941.46875
932.23125 941.23125 932.48125 941.48125
932.24375 941.24375 932.49375 941.49375
UHF Channels in Specified Urban Areas
Boston
470.0125 473.0125 482.0125 485.0125
470.0375 473.0375 482.0375 485.0375
470.0625 473.0625 482.0625 485.0625
470.0875 473.0875 482.0875 485.0875
470.1125 473.1125 482.1125 485.1125
470.1375 473.1375 482.1375 485.1375
470.1625 473.1625 482.1625 485.1625
470.1875 473.1875 482.1875 485.1875
470.2125 473.2125 482.2125 485.2125
470.2375 473.2375 482.2375 485.2375
470.2625 473.2625 482.2625 485.2625
470.2875 473.2875 482.2875 485.2875
Chicago, Cleveland
470.0125 473.0125 476.0125 479.0125
470.0375 473.0375 476.0375 479.0375
470.0625 473.0625 476.0625 479.0625
470.0875 473.0875 476.0875 479.0875
470.1125 473.1125 476.1125 479.1125
470.1375 473.1375 476.1375 479.1375
470.1625 473.1625 476.1625 479.1625
470.1875 473.1875 476.1875 479.1875
470.2125 473.2125 476.2125 479.2125
470.2375 473.2375 476.2375 479.2375
470.2625 473.2625 476.2625 479.2625
470.2875 473.2875 476.2875 479.2875
New York-Northeastern New Jersey
470.0125 470.1625 476.0125 476.1625
470.0375 470.1875 476.0375 476.1875
470.0625 470.2125 476.0625 476.2125
470.0875 470.2375 476.0875 476.2375
470.1125 470.2625 476.1125 476.2625
470.1375 470.2875 476.1375 476.2875
Dallas-Forth Worth
482.0125 482.1625 485.0125 485.1625
482.0375 482.1875 485.0375 485.1875
482.0625 482.2125 485.0625 485.2125
482.0875 482.2375 485.0875 485.2375
482.1125 482.2625 485.1125 485.2625
482.1375 482.2875 485.1375 485.2875
Detroit
476.0125 479.0125 482.0125 485.0125
476.0375 479.0375 482.0375 485.0375
476.0625 479.0625 482.0625 485.0625
476.0875 479.0875 482.0875 485.0875
476.1125 479.1125 482.1125 485.1125
476.1375 479.1375 482.1375 485.1375
476.1625 479.1625 482.1625 485.1625
476.1875 479.1875 482.1875 485.1875
476.2125 479.2125 482.2125 485.2125
476.2375 479.2375 482.2375 485.2375
476.2625 479.2625 482.2625 485.2625
476.2875 479.2875 482.2875 485.2875
Houston
488.1625 491.1625 488.2375 491.2375
488.1875 491.1875 488.2625 491.2625
488.2125 491.2125 488.2875 491.2875
Los Angeles
470.0125 473.0125 506.0625 509.0625
470.0375 473.0375 506.0875 509.0875
506.0125 509.0125 506.1125 509.1125
506.0375 509.0375
Miami
470.0125 470.1625 473.0125 473.1625
470.0375 470.1875 473.0375 473.1875
470.0625 470.2125 473.0625 473.2125
470.0875 470.2375 473.0875 473.2375
470.1125 470.2625 473.1125 473.2625
470.1375 470.2875 473.1375 473.2875
Philadelphia
500.0125 503.0125 506.0125 509.0125
500.0375 503.0375 506.0375 509.0375
500.0625 503.0625 506.0625 509.0625
500.0875 503.0875 506.0875 509.0875
500.1125 503.1125 506.1125 509.1125
500.1375 503.1375 506.1375 509.1375
500.1625 503.1625 506.1625 509.1625
500.1875 503.1875 506.1875 509.1875
500.2125 503.2125 506.2125 509.2125
500.2375 503.2375 506.2375 509.2375
500.2625 503.2625 506.2625 509.2625
500.2875 503.2875 506.2875 509.2875
Pittsburgh
470.0125 470.1625 473.0125 473.1625
470.0375 470.1875 473.0375 473.1875
470.0625 470.2125 473.0625 473.2125
470.0875 470.2375 473.0875 473.2375
470.1125 470.2625 473.1125 473.2625
470.1375 470.2875 473.1375 473.2875
San Francisco
482.0125 485.0125 488.0125 491.0125
482.0375 485.0375 488.0375 491.0375
482.0625 485.0625 488.0625 491.0625
482.0875 485.0875 488.0875 491.0875
482.1125 485.1125 488.1125 491.1125
482.1375 485.1375 488.1375 491.1375
482.1625 485.1625 488.1625 491.1625
482.1875 485.1875 488.1875 491.1875
482.2125 485.2125 488.2125 491.2125
482.2375 485.2375 488.2375 491.2375
482.2625 485.2625 488.2625 491.2625
482.2875 485.2875 488.2875 491.2875
Washington, DC
488.0125 491.0125 494.0125 497.0125
488.0375 491.0375 494.0375 497.0375
488.0625 491.0625 494.0625 497.0625
488.0875 491.0875 494.0875 497.0875
488.1125 491.1125 494.1125 497.1125
488.1375 491.1375 494.1375 497.1375
488.1625 491.1625 494.1625 497.1625
488.1875 491.1875 494.1875 497.1875
488.2125 491.2125 494.2125 497.2125
488.2375 491.2375 494.2375 497.2375
488.2625 491.2625 494.2625 497.2625
488.2875 491.2875 494.2875 497.2875
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995, as amended at 61 FR 54099 , Oct. 17, 1996; 65 FR 17448 , Apr. 3, 2000]
§ 22.623 System configuration.
top
This section requires a minimum configuration for point-to-multipoint
systems using the channels listed in §22.621.
(a) 928–960 MHz. The channels may be assigned, individually or paired, only
to fixed transmitters in a system that controls at least four public mobile
base transmitters that transmit on the same channel. If a 932–933 MHz
channel and a 941–942 MHz channel are assigned as a pair, the 941–942 MHz
channel must be assigned only to control transmitters; the 932–933 MHz
channel may be assigned to control or fixed relay transmitters.
(b) 470–512 MHz. These channels may be assigned only individually
(unpaired), to control transmitters that directly control at least four
public mobile base transmitters that transmit on the same channel. Fixed
relay transmitters are not authorized.
(c) Selection and assignment. The FCC selects and assigns a channel when
granting applications for authorization to operate a new station to transmit
in the 470–512, 932–933 and 941–942 MHz frequency ranges. Applicants having
a preference may request the assignment of a specific channel or channel
pair, but the FCC may in some cases be unable to satisfy such requests.
§ 22.625 Transmitter locations.
top
This section governs where point-to-multipoint transmitters on the channels
listed in §22.621 may be located.
(a) 928–960 MHz. In this frequency range, the required minimum distance
separation between co-channel fixed transmitters is 113 kilometers (70
miles).
(b) 470–512 MHz. The purpose of the rule in paragraph (b)(1) of this section
is to define the areas in which the 470–512 MHz channels are allocated for
public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3)
of this section is to reduce the likelihood that interference to television
reception from public mobile operations on these channels will occur.
(1) Control transmitter locations. Control transmitter locations must be
within 80 kilometers (50 miles) of the designated locations in this
paragraph.
Urban area N. latitude W. longitude
Boston, MA 42°21'24.4" 71°03'22.2"
Chicago, IL 41°52'28.1" 87°38'22.2"
Cleveland, OH 41°29'51.2" 81°41'49.5"
Dallas, TX 32°47'09.5" 96°47'38.0"
Detroit, MI 42°19'48.1" 83°02'56.7"
Houston, TX 29°45'26.8" 95°21'37.8"
Los Angeles, CA 34°03'15.0" 18°14'31.3"
Miami, FL 25°46'38.6" 80°11'31.2"
New York, NY 40°45'6.4" 73°59'37.5"
Philadelphia, PA 39°56'58.4" 75°09'19.6"
Pittsburgh, PA 40°26'19.2" 79°59'59.2"
San Francisco-Oakland, CA 37°46'38.7" 122°24'43.9"
Washington, DC 38°53'51.4" 77°00'31.9"
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).
(2) Protection from intermodulation interference. Control transmitter
locations must be at least 1.6 kilometers (1 mile) from the main transmitter
locations of all TV stations transmitting on TV channels separated by 2, 3,
4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on
which the control station will transmit. This requirement is intended to
reduce the likelihood of intermodulation interference.
(3) Co-channel protection from control transmitters with high antennas. This
paragraph applies only to control transmitters that utilize an antenna
height of more than 152 meters (500 feet) above average terrain. The
distance between the location of such a control transmitter and the
applicable protected TV station location specified in this paragraph must
equal or exceed the sum of the distance from the control transmitter
location to the radio horizon in the direction of the specified location and
89 kilometers (55 miles—representing the distance from the main transmitter
location of the TV station to its Grade B contour in the direction of the
control transmitter). The protected TV station locations in this paragraph
are the locations of record as of September 1974, and these do not change
even though the TV stations may have been subsequently relocated.
(i) The protected TV station locations are as follows:
Control transmitter frequency range Protected TV station location
470–476 MHz Washington, DC 38°57'17" 77°00'17"
476–482 MHz Lancaster, PA 40°15'45" 76°27'49"
(ii) The distance to the radio horizon is calculated using the following
formula:
[MATH: 
:MATH]
where
d is the distance to the radio horizon in kilometers
h is the height of the antenna center of radiation above ground level in
meters
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68946 , Dec. 14, 1998, 70 FR 19309 , Apr. 13, 2005]
§ 22.627 Effective radiated power limits.
top
The effective radiated power (ERP) of transmitters operating on the channels
listed in §22.621 must not exceed the limits in this section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in this
paragraph under any circumstances.
Frequency range (MHz) Maximum ERP (watts)
470–512 1000
928–929 50
932–933 30
941–942 600
952–960 150
(b) 470–512 MHz limits . The purpose of the rules in paragraphs (b)(1)
through (b)(3) of this section is to reduce the likelihood that interference
to television receiption from public mobile operations on these channels
will occur. The protected TV station locations specified in this section are
the locations of record as of September 1974, and these do not change even
though the TV stations may have been subsequently relocated.
(1) Co-channel protection . The ERP of control transmitters must not exceed
the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this
section. The limits depend upon the height above average terrain of the
control transmitter antenna and the distance between the control transmitter
and the nearest protected TV station location in paragraph (b)(1)(i) of this
section.
(i) The protected TV station locations are as follows (all coordinates are
referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location
470–476 MHz Jacksonville, IL, 39°45'52.2" N. Lat. 90°30'29.5" W. Long.
Mt. Pleasant, MI, 43°34'24.1" N. Lat. 84°46'21.1" W. Long.
476–482 MHz
482–488 MHz
488–494 MHz
494–500 MHz
500–506 MHz
506–512 MHz Oxford, OH, 39°30'26.2" N. Lat. 84°44'8.8" W. Long.
Washington, DC, 38°57'17.4" N. Lat. 77°00'15.9" W. Long.
Champaign, IL, 40°04'11.1" N. Lat. 87°54'45.1" W. Long.
Madison, WI, 43°03'01.0" N. Lat. 89°29'15.4" W. Long.
Parkersburg, WV, 39°20'50.3" N. Lat. 81°33'55.5" W. Long.
Fort Wayne, IN, 41°05'35.2" N. Lat. 85°10'41.9" W. Long.
Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long.
South Bend, IN, 41°36'26.2" N. Lat. 86°27'48.1" W. Long.
Philadelphia, PA, 40°02'30.4" N. Lat. 75°14'22.6" W. Long.
None.
Johnstown, PA, 40°19'47.3" N. Lat. 78°53'44.1" W. Long.
Washington, DC, 38°57'49.4" N. Lat. 77°06'16.9" W. Long.
Waterbury, CT, 41°31'2.3" N. Lat. 73°00'58.4" W. Long.
(ii) Table E–3 and E–4 apply to control transmitters in the New
York-Northeastern New Jersey and Cleveland urban areas that transmit on
channels in the 476–482 MHz range and to control transmitters in the Detroit
urban area that transmit on channels in the 482–488 MHz range.
(iii) Tables E–5 and E–6 apply to all control transmitters except those to
which Tables E–3 and E–4 apply.
(2) Adjacent channel protection. The ERP of control transmitters must not
exceed the limits in Table E–7. The limits depend upon the height above
average terrain of the control transmitter antenna and the distance between
the control transmitter and the nearest protected TV station location listed
in this paragraph. The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location TV channel
470–476 MHz Hanover, NH, 43°42'30.3" N. Lat. 72°09'14.3" W. Long. (15)
Madison, WI, 43°03'01.0" N. Lat. 89°29'15.4" W. Long. (15)
Champaign, IL, 40°04'11.1" N. Lat. 87°54'45.1" W. Long. (15)
San Diego, CA, 32°41'48.2" N. Lat. 116°56'13.1" W. Long. (15)
Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long. (15)
Parkersburg, WV, 39°20'50.3" N. Lat. 81°33'55.5" W. Long. (15)
476–482 MHz South Bend, IN, 41°36'26.2" N. Lat. 86°27'48.1" W. Long. (16)
Pittsburgh, PA, 40°26'46.2" N. Lat. 79°57'50.2" W. Long. (16)
Mt. Pleasant, MI, 43°34'24.1" N. Lat. 84°46'21.1" W. Long. (14)
Scranton, PA, 41°10'58.3" N. Lat. 75°52'19.7" W. Long. (16)
482–488 MHz Hanover, NH, 43°42'30.3" N. Lat. 72°09'14.3" W. Long. (15)
Fort Wayne, IN, 41°05'35.2" N. Lat. 85°10'41.9" W. Long. (15)
488–494 MHz Salisbury, MD, 38°24'15.4" N. Lat. 75°34'43.7" W. Long. (16)
494–500 MHz Philadelphia, PA, 40°02'30.4" N. Lat. 75°14'22.6" W. Long. (17)
500–506 MHz Washington, DC, 38°57'17.4" N. Lat. 77°00'15.9" W. Long. (20)
506–512 MHz Harrisburg, PA, 40°20'44.3" N. Lat. 76°52'07.9" W. Long. (21)
(c) Los Angeles area. This paragraph applies only to control transmitters in
the Los Angeles urban area that utilize an antenna height of 457 or more
meters (1500 or more feet) above mean sea level. The ERP of such
transmitters must not exceed the following limits:
Antenna height ERP
AMSL in meters (feet) (Watts)
457 (1500) to 610 (2000) 155
611 (2001) to 762 (2500) 100
763 (2501) to 914 (3000) 70
915 (3001) to 1067 (3500) 50
1068 (3501) to 1219 (4000) 40
1220 (4001) to 1372 (4500) 30
1373 (4501) and above 25
Table E–3—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or
Less)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
15
(50) 30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725
193 (120) 1000 1000 1000 1000 900 750 675 600 550 500
185 (115) 1000 1000 800 725 600 525 475 425 375 350
177 (110) 850 700 600 500 425 375 325 300 275 225
169 (105) 600 475 400 325 275 250 225 200 175 150
161 (100) 400 325 275 225 175 150 140 125 110 100
153 (95) 275 225 175 125 110 95 80 70 60 50
145 (90) 175 125 100 75 50
See §22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500
feet) or less above average terrain. For antenna heights between those in
the table, use the next higher antenna height. For distances between those
in the table, use the next lower distance.
Table E–4—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152
Meters)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000)
209 (130) 1000 447 219 117 71 46
193 (120) 500 209 95 50 30 19
177 (110) 225 91 35 19 11 8
161 (100) 100 30 10 5 3 2
153 (95) 50 13 5 3 2 1
See §22.627(b)(1)(ii). This table is for antenna heights of more than 152
meters (500 feet) above average terrain. For intermediate values of height
and/or distance, use linear interpolation to obtain the maximum permitted
ERP.
Table E–5—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or
Less)
Distance to protected TV station in kilometers (miles) Antenna Height Above
Average Terrain in meters (feet)
15
(50) 30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800
249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575
241 (150) 1000 1000 950 775 725 625 550 500 450 400
233 (145) 850 750 650 575 500 440 400 350 320 300
225 (140) 600 575 465 400 350 300 275 250 230 225
217 (135) 450 400 335 300 255 240 200 185 165 150
209 (130) 350 300 245 200 185 160 145 125 120 100
201 (125) 225 200 170 150 125 110 100 90 80 75
193 (120) 175 150 125 105 90 80 70 60 55 50
See §22.627(b)(1)(iii). This table applies for antenna heights of 152 meters
(500 feet) or less above average terrain. For antenna heights between those
in the table, use the next higher antenna height. For distances between
those in the table, use the next lower distance.
Table E–6—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152
Meters)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000)
261 (162) 1000 501 282 170 110 71
241 (150) 400 209 110 60 36 23
225 (140) 225 102 50 28 16 10
209 (130) 100 48 21 11 7 5
193 (120) 50 19 9 5 3 2
See §22.627(b)(1)(iii). This table is for antenna heights of more than 152
meters (500 feet) above average terrain. For intermediate values of height
and/or distance, use linear interpolation to obtain the maximum permitted
ERP.
Table E–7—Maximum ERP (Watts) for Control Transmitters
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000
106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750
105 (65) 1000 1000 1000 1000 1000 1000 825 650 600
103 (64) 1000 1000 1000 1000 1000 775 625 500 400
101 (63) 1000 1000 1000 1000 440 400 350 320 300
100 (62) 1000 1000 1000 525 375 250 200 150 125
98 (61) 1000 700 450 250 200 125 100 75 50
97 (60) 1000 425 225 125 100 75 50
See §22.627(b)(2). This table applies to control transmitters in the Boston,
Chicago, Cleveland, Detroit, Los Angeles, New York-Northeastern New Jersey,
Philadelphia, Pittsburgh and Washington, DC urban areas. This table is for
antenna heights of 152 meters (500 feet) or less above average terrain. For
antenna heights between those in the table, use the next higher antenna
height. For distances between those in the table, use the next lower
distance.
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995; as amended at 63 FR 68946 , Dec. 14, 1998]
470–512 MHz Trunked Mobile Operation
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§ 22.651 470–512 MHz channels for trunked mobile operation.
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The following channels are allocated for assignment to transmitters
providing trunked public mobile service within the specified urban areas.
All channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz.
Houston
488.0125 491.0125 488.0875 491.0875
488.0375 491.0375 488.1125 491.1125
488.0625 491.0625 488.1375 491.1375
New York-Northern New Jersey
473.0125 479.0125 473.1625 479.1625
473.0375 479.0375 473.1875 479.1875
473.0625 479.0625 473.2125 479.2125
473.0875 479.0875 473.2375 479.2375
473.1125 479.1125 473.2625 479.2625
473.1375 479.1375 473.2875 479.2875
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995]
§ 22.653 Eligibility.
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Only licensees already authorized to provide trunked mobile service or their
successors in interest are eligible to apply for additional use of these
channels for trunked mobile service, and then only in the urban areas
already authorized.
§ 22.657 Transmitter locations.
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The purpose of the rules in paragraphs (a) and (b) of this section is to
define the areas in which the 470–512 MHz channels are allocated for public
mobile use. The purpose of the rules in paragraphs (c) through (f) of this
section is to reduce the likelihood that interference to television
reception from public mobile operations on these channels will occur. The
protected TV station locations specified in paragraphs (d), (e)(1) and (f)
of this section are the locations of record as of September 1974, and these
do not change even though the TV stations may have been subsequently
relocated.
(a) Base transmitter locations. Base transmitter locations must be within 80
kilometers (50 miles) of the designated locations in this paragraph. Mobile
transmitters must not be operated at locations more than 129 kilometers (80
miles) from the designated locations in this paragraph. Note: All
coordinates are referenced to North American Datum 1983 (NAD83).
Urban area N. latitude W. longitude
Houston, TX 29°45'26.8" 95°21'37.8"
New York, NY-NE NJ 40°45'06.4" 73°59'37.5"
(b) Mobile area of operation. Mobile transmitters must not be operated at
locations more than 48 kilometers (30 miles) from all associated base
stations.
(c) Protection from intermodulation interference. Base transmitter locations
must be at least 1.6 kilometers (1 mile) from the current main transmitter
locations of all TV stations transmitting on TV channels separated by 2, 3,
4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on
which the base station will transmit. This requirement is intended to reduce
the likelihood of intermodulation interference.
(d) Adjacent channel protection from mobile transmitters. Base transmitter
locations must be at least 145 kilometers (90 miles) from the applicable
protected TV station locations specified in this paragraph. This requirement
is intended to provide a 0 dB minimum desired to undesired signal strength
ratio at the Grade B contour of an adjacent channel TV station. Note: All
coordinates are referenced to North American Datum 1983 (NAD83).
Control transmitter frequency range Protected TV station location TV channel
470–476 MHz Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long. (15)
476–482 MHz Scranton, PA, 41°10'58.3" N. Lat. 75°52'19.7" W. Long. (16)
(e) Co-channel protection from mobile transmitters. Base transmitter
locations must be at least the distance specified in paragraph (e)(2) of
this section from the applicable protected TV station locations specified in
paragraph (e)(1) of this section. This requirement is intended to provide a
40 dB minimum desired to undesired signal strength ratio at the Grade B
contour of a co-channel TV station.
(1) The protected TV station locations are as follows (all coordinates are
referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location
470–476 MHz Washington, DC, 38°57'17.4" N. Lat. 77°00'15.9" W. Long.
476–482 MHz Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long.
(2) The required minimum distance depends upon the effective radiated power
(ERP) of the most powerful mobile transmitter(s) in the system:
Mobile unit ERP (watts) Minimum distance
Kilometers Miles
60 193 (120)
50 185 (115)
25 177 (110)
10 169 (105)
5 161 (100)
(f) Co-channel protection from base transmitters with high antennas. This
paragraph applies only to base transmitter locations in the New
York-Northeastern New Jersey urban area that utilize an antenna height of
more than 152 meters (500 feet) above average terrain. The distance between
the location of such a base transmitter and the applicable protected TV
station location specified in this paragraph must equal or exceed the sum of
the distance from the base transmitter location to the radio horizon in the
direction of the specified location and 89 kilometers (55 miles—representing
the distance from the main transmitter location of the TV station to its
Grade B contour in the direction of the base transmitter). The distance to
the radio horizon is calculated as follows:
[er14de98.026.gif]
Where d is the distance to the radio horizon in kilometers h is the height
of the antenna center of radiation above ground level in meters
Note: All coordinates are referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location
470–476 MHz Washington, DC, 38°57'17.4" N. Lat. 77°00'15.9" W. Long.
476–482 MHz Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long.
(g) The FCC may waive specific distance separation requirements of
paragraphs (d) through (f) of this section if the applicant submits an
engineering analysis which demonstrates that terrain effects and/or
operation with less effective radiated power would satisfy the applicable
minimum desired to undesired signal strength ratios at the Grade B contours
of the protected TV stations. For this purpose, the Grade B contour of a TV
station is deemed to be a circle with a 89 kilometer (55 mile) radius,
centered on the protected TV station location, and along which the median TV
signal field strength is 64 dBµV/m. In any showing intended to demonstrate
compliance with the minimum desired to undesired signal ratio requirements
of this section, all predicted field strengths must have been determined
using the UHF TV propagation curves contained in part 73 of this chapter.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998]
§ 22.659 Effective radiated power limits.
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The purpose of the rules in this section, which limit effective radiated
power (ERP), is to reduce the likelihood that interference to television
reception from public mobile operations on these channels will occur. The
protected TV station locations specified in this section are the locations
of record as of September 1974, and these do not change even though the TV
stations may have been subsequently relocated.
(a) Maximum ERP. The ERP of base transmitters must not exceed 100 Watts
under any circumstances. The ERP of mobile transmitters must not exceed 60
Watts under any circumstances.
(b) Co-channel protection from base transmitters. The ERP of base
transmitters in the New York-Northeastern New Jersey urban area must not
exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3)
of this section. The limits depend upon the height above average terrain of
the base transmitter antenna and the distance between the base transmitter
and the nearest protected TV station location in paragraph (b)(1) of this
section.
(1) The protected TV station locations are as follows (all coordinates are
referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location
470–476 MHz Washington, DC, 38°57'17.4" N. Lat. 77°00'15.9" W. Long.
476–482 MHz Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long.
(2) Tables E–8 and E–9 of this section apply to base transmitters in the New
York-Northeastern New Jersey urban area that transmit on channels in the
476–482 MHz range.
(3) Tables E–10 and E–11 of this section apply to base transmitters in the
New York-Northeastern New Jersey urban area that transmit on channels in the
470–476 MHz range.
(c) Adjacent channel protection from base transmitters. The ERP of base
transmitters must not exceed the limits in Table E–12 of this section. The
limits depend upon the height above average terrain of the base transmitter
antenna and the distance between the base transmitter and the nearest
protected TV station location specified in paragraph (c)(1) of this section.
(1) The protected TV station locations are as follows (all coordinates are
referenced to North American Datum 1983 (NAD83)):
Control transmitter frequency range Protected TV station location TV channel
470–476 MHz Hanover, NH, 43°42'30.3" N. Lat. 72°09'14.3" W. Long (15)
476–482 MHz
482–488 MHz Lancaster, PA, 40°15'45.3" N. Lat. 76°27'47.9" W. Long (15)
Scranton, PA, 41°10'58.3" N. Lat. 75°52'19.7" W. Long (16)
Hanover, NH, 43°42'30.3" N. Lat. 72°09'14.3" W. Long (15)
Note: Coordinates are referenced to North American Datum 1983 (NAD83).
(2) Table E–12 of this section applies to base transmitters in the New
York-Northeastern New Jersey urban area.
Table E–8—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or
Less)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
15
(50) 30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725
193 (120) 1000 1000 1000 1000 900 750 675 600 550 500
185 (115) 1000 1000 800 725 600 525 475 425 375 350
177 (110) 850 700 600 500 425 375 325 300 275 225
169 (105) 600 475 400 325 275 250 225 200 175 150
161 (100) 400 325 275 225 175 150 140 125 110 100
153 (95) 275 225 175 125 110 95 80 70 60 50
145 (90) 175 125 100 75 50
See §22.659(b)(2). This table is for antenna heights of 152 meters (500
feet) or less above average terrain. For antenna heights between those in
the table, use the next higher antenna height. For distances between those
in the table, use the next lower distance.
Table E–9—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152
Meters)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000)
209 (130) 1000 447 219 117 71 46
193 (120) 500 209 95 50 30 19
177 (110) 225 91 35 19 11 8
161 (100) 100 30 10 5 3 2
153 (95) 50 13 5 3 2 1
See §22.659(b)(2). This table is for antenna heights of more than 152 meters
(500 feet) above average terrain. For intermediate values of height and/or
distance, use linear interpolation to obtain the maximum permitted ERP.
Table E–10—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or
Less)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
15
(50) 30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800
249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575
241 (150) 1000 1000 950 775 725 625 550 500 450 400
233 (145) 850 750 650 575 500 440 400 350 320 300
225 (140) 600 575 465 400 350 300 275 250 230 225
217 (135) 450 400 335 300 255 240 200 185 165 150
209 (130) 350 300 245 200 185 160 145 125 120 100
201 (125) 225 200 170 150 125 110 100 90 80 75
193 (120) 175 150 125 105 90 80 70 60 55 50
See §22.659(b)(3). This table applies for antenna heights of 152 meters (500
feet) or less above average terrain. For antenna heights between those in
the table, use the next higher antenna height. For distances between those
in the table, use the next lower distance.
Table E–11—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152
Meters)
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000)
261 (162) 1000 501 282 170 110 71
241 (150) 400 209 110 60 36 23
225 (140) 225 102 50 28 16 10
209 (130) 100 48 21 11 7 5
193 (120) 50 19 9 5 3 2
See §22.659(b)(3). This table is for antenna heights of more than 152 meters
(500 feet) above average terrain. For intermediate values of height and/or
distance, use linear interpolation to obtain the maximum permitted ERP.
Table E–12—Maximum ERP (Watts) for Base Transmitters
Distance to protected TV station in kilometers (miles) Antenna height above
average terrain in meters (feet)
30
(100) 46
(150) 61
(200) 76
(250) 91
(300) 107
(350) 122
(400) 137
(450) 152
(500)
108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000
106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750
105 (65) 1000 1000 1000 1000 1000 1000 825 650 600
103 (64) 1000 1000 1000 1000 1000 775 625 500 400
101 (63) 1000 1000 1000 1000 440 400 350 320 300
100 (62) 1000 1000 1000 525 375 250 200 150 125
98 (61) 1000 700 450 250 200 125 100 75 50
97 (60) 1000 425 225 125 100 75 50
See §22.659(c)(2). This table applies to base transmitters in the New
York-Northeastern New Jersey urban areas. This table is for antenna heights
of 152 meters (500 feet) or less above average terrain. For antenna heights
between those in the table, use the next higher antenna height. For
distances between those in the table, use the next lower distance.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998]
Subpart F—Rural Radiotelephone Service
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§ 22.701 Scope.
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The rules in this subpart govern the licensing and operation of stations and
systems in the Rural Radiotelephone Service. The licensing and operation of
these stations and systems is also subject to rules elsewhere in this part
that apply generally to the Public Mobile Services. In case of conflict,
however, the rules in this subpart govern.
§ 22.702 Eligibility.
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Existing and proposed communications common carriers are eligible to hold
authorizations to operate conventional central office, interoffice and rural
stations in the Rural Radiotelephone Service. Subscribers are also eligible
to hold authorizations to operate rural subscriber stations in the Rural
Radiotelephone Service.
[ 69 FR 75170 , Dec. 15, 2004]
§ 22.703 Separate rural subscriber station authorization not required.
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A separate authorization is not required for rural subscriber stations for
which the effective radiated power does not exceed 60 Watts and for which
FAA notification of construction or alteration of the antenna structure is
not required (see criteria in §17.7 of this chapter). Authority to operate
such rural subscriber stations is conferred by the authorization of the
central office or base station from which they receive service.
§ 22.705 Rural radiotelephone system configuration.
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Stations in the Rural Radiotelephone Service are authorized to communicate
as follows:
(a) Rural subscriber stations are authorized to communicate with and through
the central office station(s) with which they are associated. However, where
the establishment of a central office station in this service is not
feasible, rural subscriber stations may be authorized to communicate with
and through a base station in the Paging and Radiotelephone Service.
(b) Central office stations may communicate only with rural subscriber
stations.
(c) Interoffice stations may communicate only with other interoffice
stations.
§ 22.709 Rural radiotelephone service application requirements.
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In addition to information required by Subparts B and D of this part, FCC
Form 601 applications for authorization to operate a station in the Rural
Radiotelephone Service must contain the applicable supplementary information
described in this section.
(a) Interoffice stations. Applications for authority to operate a new
interoffice station or to add transmitters or points of communications to an
existing interoffice station must contain an exhibit demonstrating that the
requested facilities would be used only for interconnecting central office
stations and explaining why the use of alternative existing radio or wire
facilities is not feasible.
(b) Technical information required . For each transmitter in the Rural
Radiotelephone Service, the following information is required by FCC Form
601:
(1) Location description: city; county; state; geographic coordinates
correct to ±1 second, the datum used (NAD83), site elevation above mean sea
level, proximity to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the center of
radiation of the antenna above the average terrain, the height of the
antenna center of radiation above the average elevation of the terrain along
each of the 8 cardinal radials, antenna gain in the maximum lobe, the
beamwidth of the maximum lobe of the antenna, a polar plot of the horizontal
gain pattern of the antenna, the electric field polarization of the wave
emitted by the antenna when installed as proposed;
(c) No landline facilities. Each application for a central office station
must contain an exhibit showing that it is impracticable to provide the
required communication service by means of landline facilities.
(d) Interference exhibit. Applications for central office, interoffice and
relay stations must include an exhibit identifying co-channel facilities and
demonstrating, in accordance with §22.715 that the proposed station, if
authorized, would not cause interference to the service of those co-channel
facilities. This exhibit must:
(1) For UHF channels, identify each protected transmitter located within 108
kilometers (67 miles) of the proposed transmitter in directions in which the
distance to the interfering contour is 76.4 kilometers (47.5 miles) or less,
and within 178 kilometers (111 miles) of the proposed transmitter in
directions in which the distance to the interfering contour exceeds 76.4
kilometers (47.5 miles); and identify each protected Basic Exchange
Telephone Radio System central office transmitter in the rural
Radiotelephone Service within 231 kilometers (144 miles).
(2) For VHF channels, identify each protected transmitter located within 135
kilometers (84 miles) of the proposed transmitter in directions in which the
distance to the interfering contour is 93.3 kilometers (58 miles) or less,
and within 178 kilometers (111 miles) of the proposed transmitter in
directions in which the distance to the interfering contour exceeds 93.3
kilometers (58 miles).
(3) For each protected transmitter identified, show the results of distance
calculations indicating that there would be no overlap of service and
interfering contours, or alternatively, indicate that the licensee of or
applicant for the protected transmitter and/or the applicant, as required,
have agreed in writing to accept any interference resulting from operation
of the proposed transmitter.
(e) Blocking probability. Applications for authority to operate basic
exchange telephone radio systems (BETRS) that request more than two channel
pairs must include an exhibit containing calculations showing that the
number of channels requested is the minimum necessary to achieve the
required grade of service (in terms of blocking probability), and that there
will be adequate spectrum available in the area to meet realistic estimates
of current and future demand for paging, two-way mobile and rural
radiotelephone services (see §22.719(c)). Applications for authority to
operate new conventional rural radiotelephone systems that request more than
two channel pairs must include a statement explaining why BETRS technology
is not being proposed.
(f) Antenna Information. Upon request by an applicant, licensee, or the
Commission, a part 22 applicant or licensee of whom the request is made
shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999]
§ 22.711 Provision of information to applicants.
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Licensees in the Rural Radio Service must, upon request by a bona-fide
prospective applicant, provide to such applicant the information required by
§22.709 regarding the portion of the licensee's operations that potentially
could affect, or be affected by, the prospective applicant's proposed
station, if such information is not already on file with the FCC. This
information must be provided to the bona-fide prospective applicant no later
than 30 days after receipt of the information request.
[ 59 FR 59954 , Nov. 21, 1994]
§ 22.713 Construction period for rural radiotelephone stations.
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The construction period for stations in the Rural Radiotelephone Service is
12 months.
§ 22.715 Technical channel assignment criteria for rural radiotelephone
stations.
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Channels are assigned in the Rural Radiotelephone Service using the
procedures in §22.567.
§ 22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
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Mutually exclusive applications in the Rural Radiotelephone Service,
including those that are mutually exclusive with applications in the Paging
and Radiotelephone Service, are processed in accordance with §22.131 and
with this section.
(a) Applications in the Rural Radiotelephone Service may be mutually
exclusive with applications in the Paging and Radiotelephone Service if they
seek authorization to operate facilities on the same channel in the same
area, or the technical proposals are otherwise in conflict. See §22.567.
(b) A modification application in either service filed on the earliest
filing date may cause all later-filed mutually exclusive applications of any
type in either service to be “cut off” (excluded from a same-day filing
group) and dismissed, pursuant to §22.131(c)(3)(ii) and §22.131(c)(4).
[ 59 FR 59956 , Nov. 21, 1994, as amended at 62 FR 11636 , Mar. 12, 1997]
§ 22.719 Additional channel policy for rural radiotelephone stations.
top
The rules in this section govern the processing of applications for central
office stations that request a rural radiotelephone channel pair when the
applicant has applied for or been granted an authorization for other rural
radiotelephone channel pairs in the same area. The general policy of the FCC
is to promote effective use of the spectrum by encouraging the use of
spectrum-efficient technologies (i.e. BETRS) and by assigning the minimum
number of channels necessary to provide service.
(a) Transmitters in same area. Any central office station transmitter on any
channel pair listed in §22.725 is considered to be in the same area as
another central office station transmitter on any other channel pair listed
in §22.725 if the transmitting antennas are located within 10 kilometers
(6.2 miles) of each other.
(b) Initial channel pairs. The FCC does not assign more than two channel
pairs for new central office stations, unless there are more than eight
rural subscriber stations to be served. Stations are considered to be new if
there are no authorized transmitters on any channel listed in §22.725
controlled by the applicant in the same geographic area.
(c) Additional channel pairs. Applications for central office station
transmitters to be located in the same area as an authorized central office
station controlled by the applicant, but to operate on a different channel
pair(s) are considered as requests for additional channel pair(s) for the
authorized central office station. The FCC may grant applications for
additional channel pairs provided that the need for each additional channel
pair (after the first two) is established and fully justified in terms of
achieving the required grade of service (blocking probability), and the
applicant demonstrates that there will still be adequate spectrum available
in the area to meet realistic estimates of current and future demand for
paging, two-way mobile and rural radiotelephone services. In the case of
conventional rural radiotelephone central office stations, an explanation
must be provided as to why BETRS technology is not being used instead of
additional channel pairs.
Conventional Rural Radiotelephone Stations
top
§ 22.721 Geographic area authorizations.
top
Eligible persons may apply for a paging geographic area authorization in the
Rural Radiotelephone Service, on the channel pairs listed in §22.725, by
following the procedures and requirements set forth in §22.503 for paging
geographic area authorizations.
[ 62 FR 11636 , Mar. 12, 1997]
§ 22.723 Secondary site-by-site authorizations.
top
Authorizations for new facilities (including new sites and additional
channel pairs for existing sites) in the Rural Radiotelephone Service
(including BETRS facilities) may be granted after May 12, 1997 only on the
condition that such authorizations shall be secondary to any existing or
future co-channel paging geographic area authorization in the Paging and
Radiotelephone Service or the Rural Radiotelephone Service. If the paging
geographic area licensee notifies the Rural Radiotelephone Service licensee
that operation of a co-channel secondary facility must be discontinued
because it may cause interference to existing or planned facilities, the
Rural Radiotelephone Service licensee must discontinue operation of that
facility on the particular channel pair involved no later than six months
after such notice.
[ 62 FR 11636 , Mar. 12, 1997]
§ 22.725 Channels for conventional rural radiotelephone stations and basic
exchange telephone radio systems.
top
The following channels are allocated for paired assignment to transmitters
that provide conventional rural radiotelephone service and to transmitters
in basic exchange telephone radio systems. These channels may be assigned
for use by central office or rural subscriber stations as indicated, and
interoffice stations. These channels may be assigned also for use by relay
stations in systems where it would be impractical to provide rural
radiotelephone service without the use of relay stations. All channels have
a bandwidth of 20 kHz and are designated by their center frequencies in
MegaHertz.
Central
office Rural subscriber Central
office Rural subscriber
VHF Channels
152.03 158.49 152.57 157.83
152.06 158.52 152.60 157.86
152.09 158.55 152.63 157.89
152.12 158.58 152.66 157.92
152.15 158.61 152.69 157.95
152.18 158.64 152.72 157.98
152.21 158.67 152.75 158.01
152.51 157.77 152.78 158.04
152.54 157.80 152.81 158.07
UHF Channels
454.025 459.025 454.350 459.350
454.050 459.050 454.375 459.375
454.075 459.075 454.400 459.400
454.100 459.100 454.425 459.425
454.125 459.125 454.450 459.450
454.150 459.150 454.475 459.475
454.175 459.175 454.500 459.500
454.200 459.200 454.525 459.525
454.225 459.225 454.550 459.550
454.250 459.250 454.575 459.575
454.275 459.275 454.600 459.600
454.300 459.300 454.625 459.625
454.325 459.325 454.650 459.650
(a) The channels listed in this section are also allocated for assignment in
the Paging and Radiotelephone Service.
(b) In Puerto Rico and the Virgin Islands, channels in the 154.04–154.46 MHz
and 161.40–161.85 MHz frequency ranges may be assigned to transmitters
providing rural radiotelephone service; channels in these ranges are also
allocated for assignment in the International Fixed Public and Aeronautical
Fixed radio services.
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.727 Power limits for conventional rural radiotelephone transmitters.
top
The transmitting power of transmitters operating on the channels listed in
§22.725 must not exceed the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of central office and
rural subscriber station transmitters must not exceed the applicable limits
in this paragraph under any circumstances.
Frequency range (MHz) Maximum ERP (watts)
152–153 1400
157–159 150
454–455 3500
459–460 150
(b) Basic power limit. Except as provided in paragraph (d) of this section,
the ERP of central office station transmitters must not exceed 500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of this
section, the ERP of central office station transmitters must not exceed the
amount that would result in an average distance to the “service contour” of
41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles)
for UHF channels. The average distance to the “service contour” is
calculated by taking the arithmetic mean of the distances determined using
the procedures specified in §22.567 for the eight cardinal radial
directions, excluding cardinal radial directions for which 90% or more of
the distance so calculated is over water.
(d) Encompassed interfering contour areas. Central office station
transmitters are exempt from the basic power and height-power limits of this
section if the area within their interfering contours is totally encompassed
by the interfering contours of operating co-channel central office station
transmitters controlled by the same licensee. For the purpose of this
paragraph, operating transmitters are authorized transmitters that are
providing service to subscribers.
(e) Adjacent channel protection. The ERP of central office station
transmitters must not exceed 500 Watts if they transmit on channel 454.025
MHz and are located less than 7 kilometers (4.3 miles) from any Private
Radio Services station receiving on adjacent channel 454.000 MHz.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005]
§ 22.731 Emission limitations.
top
Upon application for multichannel operation, the FCC may authorize emission
bandwidths wider than those specified in §22.357, provided that spectrum
utilization is equal to or better than that achieved by single channel
operation.
§ 22.733 Priority of service.
top
Within the Rural Radiotelephone Service, the channels listed in §22.725 are
intended primarily for use in rendition of public message service between
rural subscriber and central office stations and to provide radio trunking
facilities between central offices. The channels may also be used, however,
for the rendition of private leased-line communication service provided that
such usage would not reduce or impair the extent or quality of communication
service that would be available, in the absence of private leased-line
service, to the general public receiving or subsequently requesting public
message service from a central office.
§ 22.737 Temporary fixed stations.
top
The FCC may, upon proper application therefor, authorize the construction
and operation of temporary fixed stations. Temporary fixed stations are to
be used as rural subscriber, interoffice, or central office stations when
those stations are unavailable or when service from those stations is
disrupted by storms or emergencies.
(a) Six month limitation . If it is necessary for a temporary fixed station
to remain at the same location for more than six months, the licensee of
that station must apply for authorization to operate the station at the
specific location at least 30 days before the end of the six month period.
(b) International communications . Communications between the United States
and Canada or Mexico must not be carried using a temporary fixed station
without prior authorization from the FCC. Licensees desiring to carry such
communications should apply sufficiently in advance to allow for the time
necessary to coordinate with Canada or Mexico.
Basic Exchange Telephone Radio Systems
top
§ 22.757 Channels for basic exchange telephone radio systems.
top
The channels listed in §22.725 are also allocated for paired assignment to
transmitters in basic exchange telephone radio systems.
[ 70 FR 19309 , Apr. 13, 2005]
§ 22.759 Power limit for BETRS.
top
The effective radiated power of central office and rural subscriber station
transmitters used in basic exchange telephone radio systems must not exceed
the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of central office and
rural subscriber station transmitters in BETRS must not exceed the
applicable limits in this paragraph under any circumstances.
Frequency range (MHz) Maximum ERP (watts)
152–153 1400
157–159 150
454–455 3500
459–460 150
(b) Height-power limit. The ERP of central office stations in BETRS must not
exceed the amount calculated as follows:
ERP[w]=557,418÷h[m]2
where ERP[w]is the effective radiated power in Watts
h[m]is the average (eight cardinal radial) antenna height above average
terrain in meters
Subpart G—Air-Ground Radiotelephone Service
top
§ 22.801 Scope.
top
The rules in this subpart govern the licensing and operation of air-ground
stations and systems. The licensing and operation of these stations and
systems is also subject to rules elsewhere in this part and in part 1 of
this chapter that generally apply to the Public Mobile Services. In case of
conflict, however, the rules in this subpart govern.
[ 70 FR 19309 , Apr. 13, 2005]
General Aviation Air-Ground Stations
top
§ 22.805 Channels for general aviation air-ground service.
top
The following channels are allocated for the provision of radiotelephone
service to airborne mobile subscribers in general aviation aircraft. These
channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz.
Signalling Channel Pair
Ground Airborne mobile
454.675 459.675
Communication Channel Pairs
Ground Airborne mobile
454.700 459.700
454.725 459.725
454.750 459.750
454.775 459.775
454.800 459.800
454.825 459.825
454.850 459.850
454.875 459.875
454.900 459.900
454.925 459.925
454.950 459.950
454.975 459.975
(a) Channel 454.675 MHz is assigned to each and every ground station, to be
used only for automatically alerting airborne mobile stations of incoming
calls.
(b) All airborne mobile channels are assigned for use by each and every
airborne mobile station.
§ 22.807 General aviation air-ground application requirements.
top
In addition to the information required by subparts B and D of this part,
FCC Form 601 applications for authorization to operate a general aviation
air-ground station must contain the applicable supplementary information
described in this section.
(a) Administrative information . The following information is required by
FCC Form 601.
(1) The number of transmitter sites for which authorization is requested.
(2) The call sign(s) of other facilities in the same area that are
ultimately controlled by the real party in interest to the application.
(b) Technical information required . For each transmitter in the Rural
Radiotelephone Service, the following information is required by FCC Form
601:
(1) Location description, city, county, state, geographic coordinates
(NAD83) correct to ±1 second, site elevation above mean sea level, proximity
to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, antenna gain in the maximum
lobe, the electric field polarization of the wave emitted by the antenna
when installed as proposed;
(3) The center frequency of each channel requested, the maximum effective
radiated power, any non-standard emission types to be used, including
bandwidth and modulation type and the transmitter classification (e.g.
ground or signaling).
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999. Redesignated and amended at
70 FR 19309 , Apr. 13, 2005]
§ 22.809 Transmitting power limits.
top
The transmitting power of ground and airborne mobile transmitters operating
on the channels listed in §22.805 must not exceed the limits in this
section.
(a) Ground station transmitters. The effective radiated power of ground
stations must not exceed 100 Watts and must not be less than 50 Watts,
except as provided in §22.811.
(b) Airborne mobile transmitters. The transmitter power output of airborne
mobile transmitters must not exceed 25 Watts and must not be less than 4
Watts.
§ 22.813 Technical channel pair assignment criteria.
top
The rules in this section establish technical assignment criteria for the
channel pairs listed in §22.805. These criteria are intended to provide
substantial service volumes over areas that have significant local and
regional general aviation activity, while maintaining the continuous
nationwide in-route coverage of the original geographical layout.
(a) Distance separation for co-channel ground stations. The FCC may grant an
application requesting assignment of a communication channel pair to a
proposed ground transmitter only if the proposed antenna location is at
least 800 kilometers (497 miles) from the antenna location of the nearest
co-channel ground transmitter in the United States, its territories and
possessions; and 1000 kilometers (621 miles) from the antenna location of
the nearest co-channel ground transmitter in Canada.
(b) Dispersion. The FCC may grant an application requesting assignment of a
communication channel pair to a proposed ground transmitter only if there
are no more than five different communication channel pairs already assigned
to ground transmitters with antenna locations within a 320 kilometer (199
mile) radius of the proposed antenna location.
§ 22.815 Construction period for general aviation ground stations.
top
The construction period (see §1.946 of this chapter) for general aviation
ground stations is 12 months.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.817 Additional channel policies.
top
The rules in this section govern the processing of applications for
authority to operate a ground station transmitter on any ground station
communication channel listed in §22.805 when the applicant has applied or
been granted an authorization for other ground station communication
channels in the same area. The general policy of the FCC is to assign one
ground station communication channel in an area to a carrier per application
cycle, up to a maximum of six ground station communication channels per
area. That is, a carrier must apply for one ground station communication
channel, receive the authorization, construct the station, and notify the
FCC of commencement of service before applying for an additional ground
station communication channel in that area.
(a) Air-ground transmitters in same area. Any transmitter on any of the
ground station channels listed in §22.805 is considered to be in the same
area as another transmitter on any ground station channel listed in §22.805
if it is located less than 350 kilometers (217 miles) from that transmitter.
(b) Initial channel. The FCC will not assign more than one ground station
communication channel for new ground stations. Ground stations are
considered to be new if there are no authorized ground station transmitters
on any channel listed in §22.805 controlled by the applicant in the same
area.
(c) Additional channel. Applications for ground transmitters to be located
in the same area as an authorized ground station controlled by the
applicant, but to operate on a different ground station communication
channel, are considered as requesting an additional channel for the
authorized station.
(d) Amendment of pending application. If the FCC receives and accepts for
filing an application for a ground station transmitter to be located in the
same area as a ground station transmitter proposed in a pending application
previously filed by the applicant, but on a different ground station
communication channel, the subsequent application is treated as a major
amendment to change the technical proposal of the prior application. The
filing date of any application so amended is the date the FCC received the
subsequent application.
(e) Dismissal of premature applications for additional channel. If the FCC
receives an application requesting an additional ground station
communication channel for an authorized ground 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.
(f) Dismissal of applications for seventh channel. If the FCC receives an
application requesting an additional ground station communication channel
for an authorized ground station which would, if granted, result in that
station being assigned more than six ground station communication channels
in the same area, the FCC may dismiss that application without prejudice.
Commercial Aviation Air-Ground Systems
top
§ 22.853 Eligibility to hold interest in licenses limited to 3 MHz of
spectrum.
top
No individual or entity may hold, directly or indirectly, a controlling
interest in licenses authorizing the use of more than three megahertz of
spectrum (either shared or exclusive) in the 800 MHz commercial aviation
Air-Ground Radiotelephone Service frequency bands (see §22.857). Individuals
and entities with either de jure or de facto control of a licensee in these
bands will be considered to have a controlling interest in its license(s).
For purposes of this rule, the definitions of “controlling interests” and
“affiliate” set forth in paragraphs (c)(2) and (c)(5) of §1.2110 of this
chapter shall apply.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.857 Channel plan for commercial aviation air-ground systems.
top
The 849–851 MHz and 894–896 MHz frequency bands are designated for paired
nationwide exclusive assignment to the licensee or licensees of systems
providing radio telecommunications service, including voice and/or data
service, to persons on board aircraft. Air-ground systems operating in these
frequency bands are referred to in this part as “commercial aviation”
systems.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.859 Incumbent commercial aviation air-ground systems.
top
This section contains rules concerning continued operation of commercial
aviation air-ground systems that were originally authorized prior to January
1, 2004 to provide radiotelephone service using narrowband (6 kHz) channels,
and that have been providing service continuously since the original
commencement of service (hereinafter “incumbent systems”).
(a) An incumbent system may continue to operate under its authorization, for
the remaining term of such authorization, subject to the terms and
conditions attached thereto. Wherever such technical and operational
conditions differ from technical and operational rules in this subpart,
those conditions shall govern its operations.
(b) Notwithstanding any other provision in this chapter, the licensee of an
incumbent system shall not be entitled to an expectation of renewal of said
authorization.
(c) During the period that an incumbent system continues to operate and
provide service pursuant to paragraph (a) of this section, air-ground
systems of licensees holding a new authorization for the spectrum within
which the incumbent system operates must not cause interference to the
incumbent system. Protection from interference requires that the signals of
the new systems must not exceed a ground station received power of −130 dBm
within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically
polarized receive antenna.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.861 Emission limitations.
top
The rules in this section govern the spectral characteristics of emissions
for commercial aviation systems in the Air-Ground Radiotelephone Service.
Commercial aviation air-ground systems may use any type of emission or
technology that complies with the technical rules in this subpart.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use
of measurement instrumentation employing a resolution bandwidth of 100 kHz
or greater. In the 1 MHz bands immediately outside and adjacent to the
frequency block a resolution bandwidth of at least one percent of the
emission bandwidth of the fundamental emission of the transmitter may be
employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy provided the measured power is integrated over
the full required measurement bandwidth ( i.e. , 100 kHz or 1 percent of
emission bandwidth, as specified). The emission bandwidth is defined as the
width of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which all
emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. The licensee(s) of commercial
aviation air-ground systems, together with affected licensees of Cellular
Radiotelephone Service systems operating in the spectrum immediately below
and adjacent to the commercial aviation air-ground bands, may establish an
alternative out of band emission limit to be used at the 849 MHz and 894 MHz
band edge(s) in specified geographical areas, in lieu of that set forth in
this section, pursuant to a private contractual arrangement of all affected
licensees and applicants. In this event, each party to such contract shall
maintain a copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a
transmitter operating in this service results in interference to users of
another radio service, the FCC may require a greater attenuation of that
emission than specified in this section.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.863 Frequency stability.
top
The frequency stability of equipment used under this subpart shall be
sufficient to ensure that, after accounting for Doppler frequency shifts,
the occupied bandwidth of the fundamental emissions remains within the
authorized frequency bands of operation.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.867 Effective radiated power limits.
top
The effective radiated power (ERP) of ground and airborne stations operating
on the frequency ranges listed in §22.857 must not exceed the limits in this
section.
(a) The peak ERP of airborne mobile station transmitters must not exceed 12
Watts.
(b) The peak ERP of ground station transmitters must not exceed 500 Watts.
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.873 Construction requirements for commercial aviation air-ground
systems.
top
Licensees authorized to use more than one megahertz (1 MHz) of the 800 MHz
commercial aviation air-ground spectrum allocation (see §22.857) must make a
showing of “substantial service” as set forth in this section. Failure by
any such licensee to meet this requirement will result in forfeiture of the
license and the licensee will be ineligible to regain it. Licensees
authorized to use one megahertz or less of the 800 MHz commercial aviation
air-ground spectrum allocation are not subject to the requirements in this
section.
(a) “Substantial service” is defined as service that is sound, favorable,
and substantially above a level of mediocre service that just might
minimally warrant renewal.
(b) Each commercial aviation air-ground system subject to the requirements
of this section must demonstrate substantial service within 5 years after
grant of the authorization. Substantial service may be demonstrated by, but
is not limited to, either of the following “safe harbor” provisions:
(1) Construction and operation of 20 ground stations, with at least one
ground station located in each of the 10 Federal Aviation Administration
regions; or,
(2) Provision of service to the airspace of 25 of the 50 busiest airports
(as measured by annual passenger boardings).
[ 70 FR 19310 , Apr. 13, 2005]
§ 22.877 Unacceptable interference to Part 90 non-cellular 800 MHz licensees
from commercial aviation air-ground systems.
top
The definition of unacceptable interference to non-cellular part 90
licensees in the 800 MHz band from commercial aviation air-ground systems is
the same as the definition set forth in §22.970 which is applicable to
Cellular Radiotelephone Service systems.
[ 70 FR 19311 , Apr. 13, 2005]
§ 22.878 Obligation to abate unacceptable interference.
top
This section applies only to commercial aviation ground stations
transmitting in the 849–851 MHz band, other than commercial aviation ground
stations operating under the authority of a license originally granted prior
to January 1, 2004.
(a) Strict responsibility. Any licensee who, knowingly or unknowingly,
directly or indirectly, causes or contributes to causing unacceptable
interference to a non-cellular part 90 licensee in the 800 MHz band, as
defined in §22.877, shall be strictly accountable to abate the interference,
with full cooperation and utmost diligence, in the shortest time
practicable. Interfering licensees shall consider all feasible interference
abatement measures, including, but not limited to, the remedies specified in
the interference resolution procedures set forth in §22.879. This strict
responsibility obligation applies to all forms of interference, including
out-of-band emissions and intermodulation.
(b) Joint and Several responsibility. If two or more licensees, whether in
the commercial aviation air-ground radiotelephone service or in the Cellular
Radiotelephone Service (see §22.971), knowingly or unknowingly, directly or
indirectly, cause or contribute to causing unacceptable interference to a
non-cellular part 90 licensee in the 800 MHz band, as defined in §22.877,
such licensees shall be jointly and severally responsible for abating
interference, with full cooperation and utmost diligence, in the shortest
practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the interference
resolution procedures set forth in §22.879(c). This joint and several
responsibility rule applies to all forms of interference, including
out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly cause or contribute to causing unacceptable interference to a
non-cellular part 90 licensee in the 800 MHz band, as defined in §22.877,
shall not be held responsible for resolving unacceptable interference.
Notwithstanding, any licensee that receives an interference complaint from a
public safety/CII licensee shall respond to such complaint consistent with
the interference resolution procedures set forth in §22.879.
[ 70 FR 19411 , Apr. 13, 2005]
§ 22.879 Interference resolution procedures.
top
This section applies only to commercial aviation ground stations
transmitting in the 849–851 MHz band, other than commercial aviation ground
stations operating under the authority of a license originally granted prior
to January 1, 2004.
(a) Initial notification. Commercial aviation air-ground system licensees
may receive initial notification of interference from non-cellular part 90
licensees in the 800 MHz band pursuant to §90.674(a) of this chapter.
(1) Commercial aviation air-ground system licensees shall join with part 90
ESMR licensees and Cellular Radiotelephone Service licensees in utilizing an
electronic means of receiving the initial notification described in
§90.674(a) of this chapter. See §22.972.
(2) Commercial aviation air-ground system licensees must respond to the
initial notification described in §90.674(a) of this chapter as soon as
possible and no later than 24 hours after receipt of notification from a
part 90 public safety/CII licensee. This response time may be extended to 48
hours after receipt from other part 90 non-cellular licensees provided
affected communications on these systems are not safety related.
(b) Interference analysis. Commercial aviation air-ground system
licensees—who receive an initial notification described in §90.674(a) of
this chapter—shall perform a timely analysis of the interference to identify
the possible source. Immediate on-site visits may be conducted when
necessary to complete timely analysis. Interference analysis must be
completed and corrective action initiated within 48 hours of the initial
complaint from a part 90 public safety/CII licensee. This response time may
be extended to 96 hours after the initial complaint from other part 90
non-cellular licensees provided affected communications on these systems are
not safety related. Corrective action may be delayed if the affected
licensee agrees in writing (which may be, but is not required to be,
recorded via e-mail or other electronic means) to a longer period.
(c) Mitigation steps. Any commercial aviation air-ground system that is
responsible for causing unacceptable interference to non-cellular part 90
licensees in the 800 MHz band shall take affirmative measures to resolve
such interference.
(1) Commercial aviation air-ground system licensees found to contribute to
unacceptable interference, as defined in §22.877, shall resolve such
interference in the shortest time practicable. Commercial aviation
air-ground system licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may be
necessary to determine the most appropriate means of timely eliminating the
interference. However, the means whereby interference is abated or the
technical parameters that may need to be adjusted is left to the discretion
of the commercial aviation air-ground system licensee, whose affirmative
measures may include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the commercial aviation air-ground system
signal;
(iii) Modifying the commercial aviation air-ground system antenna height;
(iv) Modifying the commercial aviation air-ground system antenna
characteristics;
(v) Incorporating filters into the commercial aviation air-ground system
transmission equipment;
(vi) Changing commercial aviation air-ground system frequencies; and
(vii) Supplying interference-resistant receivers to the affected public
safety/CII licensee(s). If this technique is used, in all circumstances,
commercial aviation air-ground system licensees shall be responsible for all
costs thereof.
(2) Whenever short-term interference abatement measures prove inadequate,
the affected part 90 non-cellular licensee shall, consistent with but not
compromising safety, make all necessary concessions to accepting
interference until a longer-term remedy can be implemented.
(3) When a part 90 public safety licensee determines that a continuing
presence of interference constitutes a clear and imminent danger to life or
property, the licensee causing the interference must discontinue the
associated operation immediately, until a remedy can be identified and
applied. The determination that a continuing presence exists that
constitutes a clear and imminent danger to life or property, must be made by
written statement that:
(i) Is in the form of a declaration, notarized affidavit, or statement under
penalty or perjury, from an officer or executive of the affected public
safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and imminent
danger;
(iii) Was formulated on the basis of either personal knowledge or belief
after due diligence;
(iv) Is not proffered by a contractor or other third party; and,
(v) Has been approved by the Chief of the Public Safety and Homeland
Security Bureau or other designated Commission official. Prior to the
authorized official making a determination that a clear and imminent danger
exists, the associated written statement must be served by hand-delivery or
receipted fax on the applicable offending licensee, with a copy transmitted
by the fastest available means to the Washington, DC office of the
Commission's Public Safety and Homeland Security Bureau.
[ 70 FR 19311 , Apr. 13, 2005, as amended at 71 FR 69038 , Nov. 29, 2006]
§ 22.880 Information exchange.
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(a) Prior notification. Public safety/CII licensees may notify a commercial
aviation air-ground system licensee that they wish to receive prior
notification of the activation or modification of a commercial aviation
air-ground system ground station site in their area. Thereafter, the
commercial aviation air-ground system licensee must provide the following
information to the public safety/CII licensee at least 10 business days
before a new ground station is activated or an existing ground station is
modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna manufacturer, model number, height above ground level and up
tilt angle, as installed;
(4) Channels available for use.
(b) Purpose of prior notification. The prior notification of ground station
activation or modification is for informational purposes only: public
safety/CII licensees are not afforded the right to accept or reject the
activation of a proposed ground station or to unilaterally require changes
in its operating parameters. The principal purposes of prior notification
are to:
(1) Allow a public safety licensee to advise the commercial aviation
air-ground system licensee whether it believes a proposed ground station
will generate unacceptable interference;
(2) Permit commercial aviation air-ground system licensee(s) to make
voluntary changes in ground station parameters when a public safety licensee
alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when the
ground station is activated.
[ 70 FR 19312 , Apr. 13, 2005]
§ 22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
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Mutually exclusive initial applications for general aviation Air-Ground
Radiotelephone Service licenses and mutually exclusive initial applications
for commercial Air-Ground Radiotelephone Service licenses are subject to
competitive bidding. The general competitive bidding procedures set forth in
part 1, subpart Q, of this chapter will apply unless otherwise provided in
this subpart.
[ 70 FR 76417 , Dec. 27, 2005]
§ 22.882 Designated entities.
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(a) Eligibility for small business provisions in the commercial Air-Ground
Radiotelephone Service.
(1) A small business is an entity that, together with its affiliates, its
controlling interests and the affiliates of its controlling interests, has
average gross revenues that are not more than $40 million for the preceding
three years.
(2) A very small business is an entity that, together with its affiliates,
its controlling interests and the affiliates of its controlling interests,
has average gross revenues that are not more than $15 million for the
preceding three years.
(b) Bidding credits in the commercial Air-Ground Radiotelephone Service.
(1) A winning bidder that qualifies as a small business, as defined in this
section, or a consortium of small businesses may use a bidding credit of 15
percent, as specified in §1.2110(f)(2)(iii) of this chapter, to lower the
cost of its winning bid on a commercial Air-Ground Radiotelephone Service
license.
(2) A winning bidder that qualifies as a very small business, as defined in
this section, or a consortium of very small businesses may use a bidding
credit of 25 percent, as specified in §1.2110(f)(2)(ii) of this chapter, to
lower the cost of its winning bid on a commercial Air-Ground Radiotelephone
Service license.
[ 70 FR 76417 , Dec. 27, 2005]
Subpart H—Cellular Radiotelephone Service
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§ 22.900 Scope.
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The rules in this subpart govern the licensing and operation of cellular
radiotelephone systems. Licensing and operation of these systems are also
subject to rules elsewhere in this part that apply generally to the Public
Mobile Services. In case of conflict, however, the rules in this subpart
govern.
§ 22.901 Cellular service requirements and limitations.
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The licensee of each cellular system is responsible for ensuring that its
cellular system operates in compliance with this section.
(a) Each cellular system must provide either mobile service, fixed service,
or a combination of mobile and fixed service, subject to the requirements,
limitations and exceptions in this section. Mobile service provided may be
of any type, including two way radiotelephone, dispatch, one way or two way
paging, and personal communications services (as defined in part 24 of this
chapter). Fixed service is considered to be primary service, as is mobile
service. When both mobile and fixed service are provided, they are
considered to be co primary services. In providing cellular services, each
cellular system may incorporate any technology that meets all applicable
technical requirements in this part.
(b) Until February 18, 2008, each cellular system that provides two-way
cellular mobile radiotelephone service must—
(1) Maintain the capability to provide compatible analog service (“AMPS”) to
cellular telephones designed in conformance with the specifications
contained in sections 1 and 2 of the standard document ANSI
TIA/EIA–553–A–1999 Mobile Station—Base Station Compatibility Standard
(approved October 14, 1999); or, the corresponding portions, applicable to
mobile stations, of whichever of the predecessor standard documents was in
effect at the time of the manufacture of the telephone. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the standard
may be purchased from Global Engineering Documents, 15 Inverness Way East,
Englewood, CO 80112–5704 (or via the internet at http://global.ihs.com) .
Copies are available for inspection at the Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_loc
ations.html.
(2) Provide AMPS, upon request, to subscribers and roamers using such
cellular telephones while such subscribers are located in any portion of the
cellular system's CGSA where facilities have been constructed and service to
subscribers has commenced. See also §20.12 of this chapter. Cellular
licensees must allot sufficient system resources such that the quality of
AMPS provided, in terms of geographic coverage and traffic capacity, is
fully adequate to satisfy the concurrent need for AMPS availability.
[ 67 FR 77191 , Dec. 17, 2002, as amended at 69 FR 18803 , Apr. 9, 2004]
§ 22.905 Channels for cellular service.
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The following frequency bands are allocated for assignment to service
providers in the Cellular Radiotelephone Service.
(a) Channel Block A: 869–880 MHz paired with 824–835 MHz, and 890–891.5 MHz
paired with 845–846.5 MHz.
(b) Channel Block B: 880–890 MHz paired with 835–845 MHz, and 891.5–894 MHz
paired with 846.5–849 MHz.
[ 67 FR 77191 , Dec. 17, 2002]
§ 22.907 Coordination of channel usage.
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Licensees in the Cellular Radiotelephone Service must coordinate, with the
appropriate parties, channel usage at each transmitter location within 121
kilometers (75 miles) of any transmitter locations authorized to other
licensees or proposed by tentative selectees or other applicants, except
those with mutually exclusive applications.
(a) Licensees must cooperate and make reasonable efforts to resolve
technical problems that may inhibit effective and efficient use of the
cellular radio spectrum; however, licensees are not obligated to suggest
extensive changes to or redesign other licensees' cellular systems.
Licensees must make reasonable efforts to avoid blocking the growth of other
cellular systems that are likely to need additional capacity in the future.
(b) If technical problems are addressed by an agreement or operating
agreement between the licensees that would result in a reduction of quality
or capacity of either system, the licensees must notify the Commission by
updating FCC Form 601.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68951 , Dec. 14, 1998]
§ 22.909 Cellular markets.
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Cellular markets are standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. Cellular
markets comprise Metropolitan Statistical Areas (MSAs) and Rural Service
Areas (RSAs). All cellular markets and the counties they comprise are listed
in Public Notice Report No. CL–92–40 “Common Carrier Public Mobile Services
Information, Cellular MSA/RSA Markets and Counties”, dated January 24, 1992,
DA 92–109, 7 FCC Rcd 742 (1992).
(a) MSAs. Metropolitan Statistical Areas are 306 areas, including New
England County Metropolitan Areas and the Gulf of Mexico Service Area (water
area of the Gulf of Mexico, border is the coastline), defined by the Office
of Management and Budget, as modified by the FCC.
(b) RSAs. Rural Service Areas are 428 areas, other than MSAs, established by
the FCC.
§ 22.911 Cellular geographic service area.
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The Cellular Geographic Service Area (CGSA) of a cellular system is the
geographic area considered by the FCC to be served by the cellular system.
The CGSA is the area within which cellular systems are entitled to
protection and within which adverse effects for the purpose of determining
whether a petitioner has standing are recognized.
(a) CGSA determination. The CGSA is the composite of the service areas of
all of the cells in the system, excluding any area outside the cellular
market boundary, except as provided in paragraph (c) of this section, and
excluding any area within the CGSA of another cellular system. The service
area of a cell is the area within its service area boundary (SAB). The
distance to the SAB is calculated as a function of effective radiated power
(ERP) and antenna center of radiation height above average terrain (HAAT),
height above sea level (HASL) or height above mean sea level (HAMSL).
(1) Except as provided in paragraphs (a)(2) and (b) of this section, the
distance from a cell transmitting antenna to its SAB along each cardinal
radial is calculated as follows:
d=2.531×h^0.34 xp^0.17
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(2) The distance from a cell transmitting antenna located in the Gulf of
Mexico Service Area (GMSA) to its SAB along each cardinal radial is
calculated as follows:
d = 6.895 × h^0.30 × p^0.15
Where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(3) The value used for h in the formula in paragraph (a)(2) of this section
must not be less than 8 meters (26 feet) HASL (or HAMSL, as appropriate for
the support structure). The value used for h in the formula in paragraph
(a)(1) of this section must not be less than 30 meters (98 feet) HAAT,
except that for unserved area applications proposing a cell with an ERP not
exceeding 10 Watts, the value for h used in the formula in paragraph (a)(1)
of this section to determine the service area boundary for that cell may be
less than 30 meters (98 feet) HAAT, but not less than 3 meters (10 feet)
HAAT.
(4) The value used for p in the formulas in paragraphs (a)(1) and (a)(2) of
this section must not be less than 0.1 Watt or 27 dB less than (1/500 of)
the maximum ERP in any direction, whichever is more.
(5) Whenever use of the formula in paragraph (a)(1) of this section pursuant
to the exception contained in paragraph (a)(3) of this section results in a
calculated distance that is less than 5.4 kilometers (3.4 miles), the radial
distance to the service area boundary is deemed to be 5.4 kilometers (3.4
miles).
(6) The distance from a cell transmitting antenna to the SAB along any
radial other than the eight cardinal radials is calculated by linear
interpolation of distance as a function of angle.
(b) Alternative CGSA determination . If a carrier believes that the method
described in paragraph (a) of this section produces a CGSA that departs
significantly (±20% in the service area of any cell) from the geographic
area where reliable cellular service is actually provided, the carrier may
submit, as an exhibit to an application for modification of the CGSA using
FCC Form 601, a depiction of what the carrier believes the CGSA should be.
Such submissions must be accompanied by one or more supporting propagation
studies using methods appropriate for the 800–900 MHz frequency range,
including all supporting data and calculations, and/or by extensive field
strength measurement data. For the purpose of such submissions, cellular
service is considered to be provided in all areas, including “dead spots”,
between the transmitter location and the locus of points where the predicted
or measured median field strength finally drops to 32 dBµV/m (i.e. does not
exceed 32 dBµV/m further out). If, after consideration of such submissions,
the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the
application.
(1) The alternative CGSA determination must define the CGSA in terms of
distances from the cell sites to the 32 dBuV/m contour along the eight
cardinal radials, with points in other azimuthal directions determined by
the method given in paragraph (a)(6) of this section. The distances used for
the cardinal radials must be representative of the coverage within the 45°
sectors, as depicted by the alternative CGSA determination.
(2) If an uncalibrated predictive model is used to depict the CGSA, the
alternative CGSA determination must identify factors (e.g. terrain roughness
or features) that could plausibly account for the difference between actual
coverage and that defined by the formula in paragraph (a)(1) of this
section. If actual measurements or a measurement-calibrated predictive model
are used to depict the CGSA, and this fact is disclosed in the alternative
CGSA determination, it is not necessary to offer an explanation of the
difference between actual coverage and that defined by the formula in
paragraph (a)(1) of this section. If the formula in paragraph (a)(1) of this
section is clearly inapplicable for the cell(s) in question (e.g. for
microcells), this should be disclosed in the alternative CGSA determination.
(3) The provision for alternative CGSA determinations was made in
recognition that the formula in paragraph (a)(1) of this section is a
general model that provides a reasonable approximation of coverage in most
land areas, but may under-predict or over-predict coverage in specific areas
with unusual terrain roughness or features, and may be inapplicable for
certain purposes, e.g. , cells with a coverage radius of less than 8
kilometers (5 miles). In such cases, alternative methods that utilize more
specific models are appropriate. Accordingly, the FCC does not consider use
of the formula in paragraph (a)(1) of this section with parameters outside
of the limits in paragraphs (a)(3), (a)(4) and (a)(5) of this section or
with data for radials other than the cardinal radials to be a valid
alternative method for determining the CGSA of a cellular system.
(c) CGSA extension areas. SAB extensions (areas outside of the cellular
market boundary, but within the service area as calculated using the methods
of paragraph (a) of this section) are part of the CGSA only under the
following circumstances:
(1) During the five year build-out period of the system in the cellular
market containing the extension, the licensees of systems on the same
channel block in adjacent cellular markets may agree that the portion of the
service area of one system that extends into unserved areas in the other
system's cellular market is part of the CGSA of the former system.
(2) At the end of the five year build-out period of the system in the
cellular market containing the extension, the portion of the service area
that extends into unserved areas in another cellular market becomes part of
the CGSA, provided that the licensee of the system so extended files a
system information update in accordance with §22.947(c).
(3) For original systems in MSAs, extensions of the CGSA authorized by the
FCC are part of the CGSA to the extent authorized.
(d) Protection afforded. Within the CGSA determined in accordance with this
section, cellular systems are entitled to protection from co-channel and
first-adjacent channel interference and from capture of subscriber traffic
by adjacent systems on the same channel block.
(1) Licensees must cooperate in resolving co-channel and first-adjacent
channel interference by changing channels used at specific cells or by other
technical means.
(2) Protection from capture of subscriber traffic is applied and limited in
accordance with the following:
(i) Subscriber traffic is captured if an SAB of one cellular system overlaps
the CGSA of another operating cellular system. Therefore, cellular licensees
must not begin to operate any facility that would cause an SAB to overlap
the existing CGSA of another cellular system on the same channel block,
without first obtaining the written consent of the licensee of that system.
However, cellular licensees may continue to operate existing facilities that
produce an SAB overlapping a subsequently-authorized portion of the CGSA of
another cellular system on the same channel block until the licensee of that
system requests that the SAB be removed from its CGSA. Such request may be
made directly to the licensee of the overlapping system or to the FCC. In
the event such request is made, the licensee of the overlapping system must
reduce the transmitting power or antenna height (or both) at the pertinent
cell site as necessary to remove the SAB from the CGSA of the other system,
unless a written consent from the licensee of the other system allowing the
SAB to remain is obtained. Cellular licensees may enter into contracts with
the licensees of other cellular systems on the same channel block to allow
SABs to overlap CGSAs.
(ii) Cellular licensees are at most entitled to have a CGSA free of SABs
from other cellular systems on the same channel block.
(e) Unserved areas. Unserved areas are areas outside of all existing CGSAs
(on either of the channel blocks), to which the Communications Act of 1934,
as amended, is applicable.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68951 , Dec. 14, 1998; 67 FR 9609 , Mar. 4, 2002; 67 FR 77191 , Dec. 17, 2002;
68 FR 42295 , July 17, 2003]
§ 22.912 Service area boundary extensions.
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This section contains rules governing service area boundary (SAB)
extensions. SAB extensions are areas outside of the cellular market
boundary, but within the service area as calculated using the methods of
§22.911(a). Cellular systems must be designed to comply with the rules in
this section. Applications proposing systems that would not comply with the
rules in this section are defective. Service within SAB extensions is not
protected from interference or capture under §22.911(d) unless and until the
area within the SAB extension becomes a part of the cellular geographic
service area (CGSA) in accordance with §22.911(c).
(a) De minimis extensions. Except as otherwise provided in paragraphs (b)
and (d) of this section, SABs may be extended into adjacent cellular markets
if such extensions are de minimis , are demonstrably unavoidable for
technical reasons of sound engineering design, and do not extend into the
CGSA of any other licensee's cellular system on the same channel block, any
part of the Gulf of Mexico Exclusive Zone (GMEZ), or into any adjacent
cellular market on a channel block for which the five year build-out period
has expired.
(b) Contract extensions. Except as otherwise provided in paragraph (d) of
this section, cellular system licensees may enter into contracts to allow
SAB extensions as follows:
(1) The licensee of any cellular system may, at any time, enter into a
contract with an applicant for, or licensee of, a cellular system on the
same channel block in an adjacent cellular market, to allow one or more SAB
extensions into its CGSA only (not into unserved area).
(2) The licensee of the first authorized cellular system on each channel
block in the Gulf of Mexico Service Area (GMSA) may enter into a contract
with an applicant for, or licensee of, a cellular system on the same channel
block in an adjacent cellular market or in the Gulf of Mexico Coastal Zone
(GMCZ), to allow one or more SAB extensions into the Gulf of Mexico
Exclusive Zone.
(3) The licensee of the first authorized cellular system on each channel
block in each cellular market may enter into a contract with an applicant
for or licensee of a cellular system on the same channel block in an
adjacent cellular market, to allow one or more SAB extensions into its CGSA
and/or unserved area in its cellular market, during its five year build-out
period.
(b) Contract extensions. Except as restricted in paragraph (d) of this
section, licensees of cellular systems on the same channel block in adjacent
cellular markets may, at any time, enter into contracts with applicants or
other licensees to allow SAB extensions into their CGSA only (not into
unserved areas). Except as restricted in paragraph (d) of this section,
licensees of the first authorized cellular systems on the same channel block
in adjacent cellular markets may agree to allow SAB extensions into their
CGSA and/or unserved areas in their cellular markets during the five year
build-out period of the market into which the SAB extends.
(c) Same applicant/licensee. Except as restricted in paragraph (d) of this
section, licensees of cellular systems that are also an applicant or
licensee on the same channel block in adjacent cellular markets may, at any
time, allow or propose SAB extensions from their adjacent market system into
their CGSH only (not into unserved areas). Except as restricted in paragraph
(d) of this section, licensees of the first authorized cellular systems that
are also an applicant or licensee on the same channel block in adjacent
cellular markets may allow or propose SAB extensions from their adjacent
market system into their CGSA and/or unserved areas in their cellular
markets during the five year build-out period of the market into which the
SAB extends.
(d) Unserved area systems. Phase I initial cellular applications must not
propose SAB extensions. Phase I sole major modification applications and
Phase II applications may propose SAB extensions, subject to the conditions
in this section.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 68 FR 42295 , July 17, 2003]
§ 22.913 Effective radiated power limits.
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The effective radiated power (ERP) of transmitters in the Cellular
Radiotelephone Service must not exceed the limits in this section.
(a) Maximum ERP. In general, the effective radiated power (ERP) of base
transmitters and cellular repeaters must not exceed 500 Watts. However, for
those systems operating in areas more than 72 km (45 miles) from
international borders that:
(1) Are located in counties with population densities of 100 persons or
fewer per square mile, based upon the most recently available population
statistics from the Bureau of the Census; or,
(2) Extend coverage on a secondary basis into cellular unserved areas, as
those areas are defined in §22.949, the ERP of base transmitters and
cellular repeaters of such systems must not exceed 1000 Watts. The ERP of
mobile transmitters and auxiliary test transmitters must not exceed 7 Watts.
(b) Height-power limit. The ERP of base transmitters must not exceed the
amount that would result in an average distance to the service area boundary
of 79.1 kilometers (49 miles) for cellular systems authorized to serve the
Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all other cellular
systems. The average distance to the service area boundary is calculated by
taking the arithmetic mean of the distances determined using the procedures
specified in §22.911 for the eight cardinal radial directions.
(c) Coordination exemption. Licensees need not comply with the height-power
limit in paragraph (b) of this section if the proposed operation is
coordinated with the licensees of all affected cellular systems on the same
channel block within 121 kilometers (75 miles) and concurrence is obtained.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 69 FR 75171 , Dec. 15, 2004]
§ 22.917 Emission limitations for cellular equipment.
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The rules in this section govern the spectral characteristics of emissions
in the Cellular Radiotelephone Service.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use
of measurement instrumentation employing a resolution bandwidth of 100 kHz
or greater. In the 1 MHz bands immediately outside and adjacent to the
frequency block a resolution bandwidth of at least one percent of the
emission bandwidth of the fundamental emission of the transmitter may be
employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy provided the measured power is integrated over
the full required measurement bandwidth ( i.e. 100 kHz or 1 percent of
emission bandwidth, as specified). The emission bandwidth is defined as the
width of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which all
emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in this service may
establish an alternative out of band emission limit to be used at specified
band edge(s) in specified geographical areas, in lieu of that set forth in
this section, pursuant to a private contractual arrangement of all affected
licensees and applicants. In this event, each party to such contract shall
maintain a copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a
transmitter operating in this service results in interference to users of
another radio service, the FCC may require a greater attenuation of that
emission than specified in this section.
[ 67 FR 77191 , Dec. 17, 2002]
§ 22.921 911 call processing procedures; 911-only calling mode.
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Mobile telephones manufactured after February 13, 2000 that are capable of
operating in the analog mode described in the standard document ANSI
TIA/EIA–553–A–1999 Mobile Station—Base Station Compatibility Standard
(approved October 14, 1999—available for purchase from Global Engineering
Documents, 15 Inverness East, Englewood, CO 80112), must incorporate a
special procedure for processing 911 calls. Such procedure must recognize
when a 911 call is made and, at such time, must override any programming in
the mobile unit that determines the handling of a non-911 call and permit
the call to be transmitted through the analog systems of other carriers.
This special procedure must incorporate one or more of the 911 call system
selection processes endorsed or approved by the FCC.
[ 67 FR 77192 , Dec. 17, 2002]
§ 22.923 Cellular system configuration.
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Mobile stations communicate with and through base transmitters only. Base
transmitters communicate with mobile stations directly or through cellular
repeaters. Auxiliary test stations may communicate with base or mobile
stations for the purpose of testing equipment.
§ 22.925 Prohibition on airborne operation of cellular telephones.
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Cellular telephones installed in or carried aboard airplanes, balloons or
any other type of aircraft must not be operated while such aircraft are
airborne (not touching the ground). When any aircraft leaves the ground, all
cellular telephones on board that aircraft must be turned off. The following
notice must be posted on or near each cellular telephone installed in any
aircraft:
“The use of cellular telephones while this aircraft is airborne is
prohibited by FCC rules, and the violation of this rule could result in
suspension of service and/or a fine. The use of cellular telephones while
this aircraft is on the ground is subject to FAA regulations.”
§ 22.927 Responsibility for mobile stations.
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Mobile stations that are subscribers in good standing to a cellular system,
when receiving service from that cellular system, are considered to be
operating under the authorization of that cellular system. Cellular system
licensees are responsible for exercising effective operational control over
mobile stations receiving service through their cellular systems. Mobile
stations that are subscribers in good standing to a cellular system, while
receiving service from a different cellular system, are considered to be
operating under the authorization of such different system. The licensee of
such different system is responsible, during such temporary period, for
exercising effective operational control over such mobile stations as if
they were subscribers to it.
§ 22.929 Application requirements for the Cellular Radiotelephone Service.
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In addition to information required by subparts B and D of this part,
applications for authorization in the Cellular Radiotelephone Service
contain required information as described in the instructions to the form.
Site coordinates must be referenced to NAD83 and be correct to ±1 second.
(a) Administrative information . The following information is required
either by FCC Form 601, or as an exhibit:
(1) Location description; city; county; state; geographical coordinates
correct to ±1 second, the datum used (NAD 83), site elevation above mean sea
level, proximity to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the center of
radiation of the antenna above the average terrain, the height of the
antenna center of radiation above the average elevation of the terrain along
each of the 8 cardinal radials, antenna gain in the maximum lobe, the
beamwidth of the maximum lobe of the antenna, a polar plot of the horizontal
gain pattern of the antenna, the electric field polarization of the wave
emitted by the antenna when installed as proposed:
(3) The channel block requested, the maximum effective radiated power, the
effective radiated power in each of the cardinal radial directions.
(b) If the application involves a service area boundary (SAB) extension
(§22.912 of this chapter), the licensee must provide a statement as
described in §22.953.
(c) Maps . If the application proposes a change in the CGSA, it must include
full size and reduced maps, and supporting engineering, as described in
§22.953 (a)(1) through (a)(3).
(d) Antenna Information. Upon request by an applicant, licensee, or the
Commission, a cellular applicant or licensee of whom the request is made
shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
[ 63 FR 68951 , Dec. 14, 1998, as amended at 64 FR 53241 , Oct. 1, 1999]
§ 22.935 Procedures for comparative renewal proceedings.
top
The procedures in this section apply to comparative renewal proceedings in
the Cellular Radiotelephone Service.
(a) If one or more of the applications competing with an application for
renewal of a cellular authorization are filed, the renewal applicant must
file with the Commission its original renewal expectancy showing
electronically via the ULS. This filing must be submitted no later than 60
days after the date of the Public Notice listing as acceptable for filing
the renewal application and the competing applications.
(b) Interested parties may file petitions to deny any of the mutually
exclusive applications. Any such petitions to deny must be filed no later
than 30 days after the date that the renewal applicant submitted its renewal
expectancy showing. Applicants may file replies to any petitions to deny
applications that are filed. Any such replies must be filed no later than 15
days after the date that the petition(s) to deny was filed. No further
pleadings will be accepted.
(c) In most instances, the renewal application and any competing
applications will be designated for a two-step procedure. An Administrative
Law Judge (Presiding Judge) will conduct a threshold hearing (step one), in
which both the licensee and the competing applicants will be parties, to
determine whether the renewal applicant deserves a renewal expectancy. If
the order designating the applications for hearing specifies any basic
qualifying issues against the licensee, those issues will be tried in this
threshold hearing. If the Presiding Judge determines that the renewal
applicant is basically qualified and due a renewal expectancy, the competing
applicants will be found ineligible for further consideration and their
applications will be denied. If the Presiding Judge determines that the
renewal applicant does not merit a renewal expectancy but is otherwise
qualified, then all of the applications will be considered in a comparative
hearing (step two).
(d) Any competing applicant may request a waiver of the threshold hearing
(step one), if such applicant demonstrates that its proposal so far exceeds
the service already being provided that there would be no purpose in making
a threshold determination as to whether the renewal applicant deserved a
renewal expectancy vis-a-vis such a competing applicant. Any such waiver
request must be filed at the time the requestor's application is filed.
Petitions opposing such waiver requests may be filed. Any such petitions
must be filed no later than 30 days after the date that the renewal
applicant submitted its renewal expectancy showing. Replies to any petitions
opposing such waiver requests may be filed. Any such replies must be filed
no later than 15 days after the date that the petition(s) were filed. No
further pleadings will be accepted. Any waiver request submitted pursuant to
this paragraph will be acted upon prior to designating the applications for
hearing. If a request to waive the threshold hearing (step one) is granted,
the renewal expectancy issue will be designated as part of the comparative
hearing (step two), and will remain the most important comparative factor in
deciding the case, as provided in §22.940(a).
(e) If the Presiding Judge issues a ruling in the threshold (step one) that
denies the licensee a renewal expectancy, all of the applicants involved in
the proceeding will be allowed to file direct cases no later than 90 days
after the release date of the Presiding Judge's ruling. Rebuttal cases must
be filed no later than 30 days after the date that the direct cases were
filed.
(f) The Presiding Judge shall use the expedited hearing procedures
delineated in this paragraph in both threshold (step one) and comparative
(step two) hearings conducted in comparative cellular renewal proceedings.
(1) The Presiding Judge will schedule a first hearing session as soon as
practicable after the date for filing rebuttal evidence. This first session
will be an evidentiary admission session at which each applicant will
identify and offer its previously circulated direct and rebuttal exhibits,
and each party will have an opportunity to lodge objections.
(2) After accepting the exhibits into evidence, the Presiding Judge will
entertain motions to cross-examine and rule whether any sponsoring witness
needs to be produced for cross-examination.
Determination of what, if any, cross-examination is necessary is within the
sound judicial discretion of the Presiding Judge, the prevailing standard
being whether the person requesting cross-examination has persuasively
demonstrated that written evidence is ineffectual to develop proof. If
cross-examination is necessary, the Presiding Judge will specify a date for
the appearance of all witnesses. In addition, if the designation order
points out an area where additional underlying data is needed, the Presiding
Judge will have the authority to permit the limited use of discovery
procedures. Finally, the Presiding Judge may find that certain additional
testimony or cross-examination is needed to provide a complete record for
the FCC. If so, the Presiding Judge may schedule a further session.
(3) After the hearing record is closed, the Presiding Judge may request
Proposed Findings of Fact and Conclusions of Law to be filed no later than
30 days after the final hearing session. Replies are not permitted except in
unusual cases and then only with respect to the specific issues named by the
Presiding Judge.
(4) The Presiding Judge will then issue an Initial Decision, preferably
within 60 days of receipt of the last pleadings. If mutually exclusive
applications are before the Presiding Judge, the Presiding Judge will
determine which applicant is best qualified. The Presiding Judge may also
rank the applicants in order of merit if there are more than two.
(5) Parties will have 30 days in which to file exceptions to the Initial
Decision.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 4172 , Jan. 29, 1997; 63 FR 68951 , Dec. 14, 1998]
§ 22.936 Dismissal of applications in cellular renewal proceedings.
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Any applicant that has filed an application in the Cellular Radiotelephone
Service that is mutually exclusive with an application for renewal of a
cellular authorization (competing application), and seeks to resolve the
mutual exclusivity by requesting dismissal of its application, must obtain
the approval of the FCC.
(a) If a competing applicant seeks to dismiss its application prior to the
Initial Decision stage of the hearing on its application, it must submit to
the Commission a request for approval of the dismissal of its application.
This request for approval of the dismissal of its application must be
submitted and must also include a copy of any agreement related to the
withdrawal or dismissal, and an affidavit setting forth:
(1) A certification that neither the petitioner nor its principals has
received or will receive any money or other consideration in excess of
legitimate and prudent expenses in exchange for the withdrawal or dismissal
of the application, except that this provision does not apply to dismissal
or withdrawal of applications pursuant to bona fide merger agreements;
(2) The exact nature and amount of any consideration received or promised;
(3) An itemized accounting of the expenses for which it seeks reimbursement;
and
(4) The terms of any oral agreement related to the withdrawal or dismissal
of the application.
(b) In addition, within 5 days of the filing date of the applicant or
petitioner's request for approval, each remaining party to any written or
oral agreement must submit an affidavit setting forth:
(1) A certification that neither the applicant nor its principals has paid
or will pay money or other consideration in excess of the legitimate and
prudent expenses of the petitioner in exchange for withdrawing or dismissing
the application; and
(2) The terms of any oral agreement relating to the withdrawal or dismissal
of the application.
(c) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by the filing
party, if an individual, a partner having personal knowledge of the facts,
if a partnership, or an officer having personal knowledge of the facts, if a
corporation or association.
(2) Applications are deemed to be pending before the FCC from the time the
application is filed with the FCC until such time as an order of the FCC
granting, denying or dismissing the application is no longer subject to
reconsideration by the FCC or to review by any court.
(3) “Legitimate and prudent expenses” are those expenses reasonably incurred
by a party in preparing to file, filing, prosecuting and/or settling its
application for which reimbursement is sought.
(4) “Other consideration” consists of financial concessions, including, but
not limited to, the transfer of assets or the provision of tangible
pecuniary benefit, as well as non-financial concessions that confer any type
of benefit on the recipient.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68951 , Dec. 14, 1998]
§ 22.939 Site availability requirements for applications competing with
cellular renewal applications.
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In addition to the other requirements set forth in this part for initial
cellular applications, any application competing against a cellular renewal
application must contain, when initially filed, appropriate documentation
demonstrating that its proposed antenna site(s) will be available. Competing
applications that do not include such documentation will be dismissed. If
the competing applicant does not own a particular site, it must, at a
minimum demonstrate that the site is available to it by providing a letter
from the owner of the proposed antenna site expressing the owner's intent to
sell or lease the proposed site to the applicant. If any proposed antenna
site is under U.S. Government control, the applicant must submit written
confirmation of the site's availability from the appropriate Government
agency. Applicants which file competing applications against incumbent
cellular licensees may not rely on the assumption that an incumbent
licensee's antenna sites are available for their use.
§ 22.940 Criteria for comparative cellular renewal proceedings.
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This section sets forth criteria to be used in comparative cellular renewal
proceedings. The ultimate issue in comparative renewal proceedings will be
to determine, in light of the evidence adduced in the proceeding, what
disposition of the applications would best serve the public interest,
convenience and necessity.
(a) Renewal expectancies. The most important comparative factor to be
considered in a comparative cellular renewal proceeding is a major
preference, commonly referred to as a “renewal expectancy.”
(1) The cellular renewal applicant involved in a comparative renewal
proceeding will receive a renewal expectancy, if its past record for the
relevant license period demonstrates that:
(i) The renewal applicant has provided “substantial” service during its past
license term. “Substantial” service is defined as service which is sound,
favorable, and substantially above a level of mediocre service which just
might minimally warrant renewal; and
(ii) The renewal applicant has substantially compiled with applicable FCC
rules, policies and the Communications Act of 1934, as amended.
(2) In order to establish its right to a renewal expectancy, a cellular
renewal applicant involved in a comparative renewal proceeding must submit a
showing explaining why it should receive a renewal expectancy. At a minimum,
this showing must include.
(i) A description of its current service in terms of geographic coverage and
population served, as well as the system's ability to accommodate the needs
of roamers;
(ii) An explanation of its record of expansion, including a timetable of the
construction of new cell sites to meet changes in demand for cellular
service;
(iii) A description of its investments in its cellular system; and
(iv) Copies of all FCC orders finding the licensee to have violated the
Communications Act or any FCC rule or policy; and a list of any pending
proceedings that relate to any matter described in this paragraph.
(3) In making its showing of entitlement to a renewal expectancy, a renewal
applicant may claim credit for any system modification applications that
were pending on the date it filed its renewal application. Such credit will
not be allowed if the modification application is dismissed or denied.
(b) Additional comparative issues. The following additional comparative
issues will be included in comparative cellular renewal proceedings, if a
full comparative hearing is conducted pursuant to §22.935(c).
(1) To determine on a comparative basis the geographic areas and population
that each applicant proposes to serve; to determine and compare the relative
demand for the services proposed in said areas; and to determine and compare
the ability of each applicant's cellular system to accommodate the
anticipated demand for both local and roamer service;
(2) To determine on a comparative basis each applicant's proposal for
expanding its system capacity in a coordinated manner in order to meet
anticipated increasing demand for both local and roamer service;
(3) To determine on a comparative basis the nature and extent of the service
proposed by each applicant, including each applicant's proposed rates,
charges, maintenance, personnel, practices, classifications, regulations and
facilities (including switching capabilities); and
(4) To determine on a comparative basis each applicant's past performance in
the cellular industry or another business of comparable type and size.
(c) Additional showings for competing applications. With respect to evidence
introduced pursuant to paragraph (b)(3) of this section, any applicant
filing a competing application against a cellular renewal application
(competing applicant) who claims a preference for offering any service not
currently offered by the incumbent licensee must demonstrate that there is
demand for that new service and also present a business plan showing that
the competing applicant can operate the system economically. Any competing
applicant who proposes to replace analog technology with digital technology
will receive no credit for its proposal unless it submits a business plan
showing how it will operate its system economically and how it will provide
more comprehensive service than does the incumbent licensee with existing
and implemented cellular technology.
§ 22.943 Limitations on transfer of control and assignment for authorizations
issued as a result of a comparative renewal proceeding.
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Except as otherwise provided in this section, the FCC does not accept
applications for consent to transfer of control or for assignment of the
authorization of a cellular system that has been acquired by the current
licensee for the first time as a result of a comparative renewal proceeding
until the system has provided service to subscribers for at least three
years.
(a) The FCC may accept and grant applications for consent to transfer of
control or for assignment of the authorization of a cellular system that is
to be transferred as a part of a bona fide sale of an on-going business to
which the cellular operation is incidental.
(b) The FCC may accept and grant applications for consent to transfer of
control or for assignment of the authorization of a cellular system that is
to be transferred as a result of the death of the licensee.
(c) The FCC may accept and grant applications for consent to transfer of
control or for assignment of authorization if the transfer or assignment is
pro forma and does not involve a change in ownership.
[ 67 FR 77192 , Dec. 17, 2002]
§ 22.946 Service commencement and construction systems.
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(a) Commencement of service. New cellular systems must be at least partially
constructed and begin providing cellular service to subscribers within the
service commencement periods specified in Table H–1 of this section. Service
commencement periods begin on the date of grant of the initial
authorization, and are not extended by the grant of subsequent
authorizations for the cellular system (such as for major modifications).
The licensee must notify the FCC (FCC Form 601) after the requirements of
this section are met ( see §1.946 of this chapter).
Table H–1—Commencement of Service
Type of cellular system Required to commence service in
The first system authorized on each channel block in markets 1–90 36 months.
The first system authorized on each channel block in all other markets and
any subsequent systems authorized pursuant to contracts in partitioned
markets 18 months.
The first system authorized on each channel block in the Gulf of Mexico
Exclusive Zone No requirement.
All other systems 12 months.
(b) To satisfy this requirement, a cellular system must be interconnected
with the public switched telephone network (PSTN) and must be providing
service to mobile stations operated by its subscribers and roamers. A
cellular system is considered to be providing service only if mobile
stations can originate telephone calls to and receive telephone calls from
wireline telephones through the PSTN.
(c) Construction period for specific facilities. The construction period
applicable to specific new or modified cellular facilities for which a
separate authorization is granted is one year, beginning on the date the
authorization is granted.
[ 67 FR 9609 , Mar. 4, 2002, as amended at 67 FR 77192 , Dec. 17, 2002]
§ 22.947 Five year build-out period.
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Except for systems authorized in the Gulf of Mexico Exclusive Zone, the
licensee of the first cellular system authorized on each channel block in
each cellular market is afforded a five year period, beginning on the date
the initial authorization for the system is granted, during which it may
expand the system within that market.
(a) Exclusive right to expand within market. Except as provided in paragraph
(b) of this section, the FCC does not accept applications for authority to
operate a new cellular system in any unserved area in a market on a channel
block during the five year build-out period.
(b) Partitioned markets . During the five-year build-out period, the
licensee of the first cellular system on each channel block in each market
may enter into contracts with eligible parties, allowing such parties to
apply by using FCC Form 601 for a new cellular system in that channel block
within the market. The FCC may grant such applications if they are in
compliance with the rules in this part. Markets with two or more authorized
cellular systems on the same channel block during the five year build-out
period are referred to (with respect to the affected channel block) as
“partitioned markets”.
(1) Partitioning contracts must define the CGSA of the subsequent cellular
system in accordance with §22.911, including any expansion rights ceded. If
not exercised, any such expansion rights terminate at the end of the five
year build-out period.
(2) The five year build-out period begins on the date the initial
authorization for the first cellular system is granted, and is not extended
or affected in any way by the initial authorization of any subsequent
cellular systems pursuant to paragraph (b) of this section.
(c) System information update . Sixty days before the end of the five year
build-out period, the licensee of each cellular system authorized on each
channel block in each cellular market must file, in triplicate, a system
information update (SIU), comprising a full size map, a reduced map, and an
exhibit showing technical data relevant to determination of the system's
CGSA. Separate maps must be submitted for each market into which the CGSA
extends, showing the extension area in the adjacent market. Maps showing
extension areas must be labeled ( i.e. marked with the market number and
channel block) for the market into which the CGSA extends. SIUs must
accurately depict the relevant cell locations and coverage of the system at
the end of the five year build-out period. SIUs must be filed at the Federal
Communications Commission, Wireless Telecommunications Bureau, Mobility
Division, 445 12th Street, SW., Washington, DC 20554. If any changes to the
system occur after the filing of the SIU, but before the end of the five
year build-out period, the licensee must file, in triplicate, additional
maps and/or data as necessary to insure that the cell locations and coverage
of the system as of the end of the five year build-out period are accurately
depicted.
(1) The scale of the full-size map must be 1:500,000, regardless of whether
any different scale is used for the reduced map. The map must have a legend,
a distance scale and correctly labeled latitude and longitude lines. The map
must be clear and legible. The map must accurately show the cell sites
(transmitting antenna locations) which determine the CGSA, the entire CGSA,
any extension of the composite service are boundary beyond the CGSA (see
§22.911) and the relevant portions of the cellular market boundary. The date
on which the map depictions are accurate must appear on the map.
(2) The reduced map must be a proportional reduction, to 81/2×11 inches, of
the full-size map required in paragraph (c)(1) of this section, unless it
proves to be impractical to depict the entire market by reducing the
full-size map. In such instance, an 81/2×11 inch map of a different scale
may be substituted, provided that the required features of the full-size map
are clearly depicted and labeled.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68951 , Dec. 14, 1998; 67 FR 13225 , Mar. 21, 2002; 67 FR 9609 , Mar. 4, 2002;
70 FR 61058 , Oct. 20, 2005]
§ 22.948 Partitioning and Disaggregation.
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(a) Eligibility —(1) Generally. Parties seeking approval for partitioning
and disaggregation shall request an authorization for partial assignment of
a license pursuant to §1.948 of this chapter. Cellular licensees may
partition or disaggregate their spectrum to other qualified entities.
(2) Partitioning. During the five year build-out period, as defined in
§22.947, cellular licensees may partition any portion of their cellular
market to other qualified entities. After the five year build-out period,
cellular licensees and unserved area licensees may partition any portion of
their Cellular Geographic Service Area (CGSA), as defined by §22.911, to
other qualified entities but may not partition unserved portions of their
cellular market.
(3) Disaggregation. After the five year build-out period, as defined in
§22.947, parties obtaining disaggregated spectrum may only use such spectrum
in that portion of the cellular market encompassed by the original
licensee's CGSA and may not use such spectrum to provide service to unserved
portions of the cellular market.
(b) Disaggregation. Cellular licensees and unserved area licensees may
disaggregate spectrum in any amount.
(c) Combined partitioning and disaggregation. The Commission will consider
requests for partial assignment of cellular licenses that propose
combinations of partitioning and disaggregation.
(d) License Term . The license term for the partitioned license area and for
disaggregated spectrum shall be the remainder of the original cellular
licensee's or the unserved area licensee's license term.
[ 65 FR 37057 , June 13, 2000, as amended at 70 FR 61059 , Oct. 20, 2005]
§ 22.949 Unserved area licensing process.
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This section sets forth the process for licensing unserved areas in cellular
markets on channel blocks for which the five year build-out period has
expired. This process has two phases: Phase I and Phase II. This section
also sets forth the Phase II process applicable to applications to serve the
Gulf of Mexico Coastal Zone.
(a) Phase I. Phase I is a one-time process that provides an opportunity for
eligible parties to file competing applications for authority to operate a
new cellular system in or to expand an existing cellular system into
unserved areas (Phase I initial applications) as soon as these areas become
available. In addition, each licensee whose Phase I initial application is
granted is afforded one opportunity during the Phase I process to file an
application proposing major modifications to the cellular system authorized
by that grant (a Phase I major modification application), without being
subject to competing applications.
(1) Phase I initial applications must be filed on the 31st day after the
expiration of the five year build-out period of the authorized system(s) on
the channel block requested in the market containing the unserved area.
(i) Each Phase I application must request authorization for one and only one
cellular geographic service area (CGSA) in one and only one cellular market.
(ii) Applicants must not file more than one Phase I initial application for
any cellular market.
(iii) Phase I initial applications must not propose any de minimis or
contract service area boundary (SAB) extensions.
(2) Only one Phase I initial application is granted on each channel block in
each market. Consequently, whenever two or more acceptable Phase I initial
applications are timely filed in the same market on the same channel block,
such Phase I initial applications are mutually exclusive, regardless of any
other considerations such as the technical proposals. In order to determine
which of such mutually exclusive Phase I initial applications to grant, the
Commission administers competitive bidding procedures in accordance with
subpart Q of part 1 of this chapter. After such procedures, the application
of the winning bidder may be granted and the applications excluded by that
grant may be dismissed without prejudice.
Note: Notwithstanding the provisions of §22.949(a)(2), mutually exclusive
Phase I initial applications that were filed between March 10, 1993 and July
25, 1993, inclusive, are to be included in a random selection process,
following which the selected application may be granted and the applications
excluded by that grant may be dismissed without prejudice.
(3) Phase I major modification applications (applications filed during Phase
I that propose major modifications to cellular systems authorized by the
grant of Phase I initial applications) must be filed no later than 90 days
after the grant of the Phase I initial application. Each Phase I licensee
may file only one Phase I major modification application. The FCC will not
accept any competing applications in response to a Phase I major
modification application. Phase I licensees may not sell to a third party
any rights to apply for unserved area.
(i) Phase I major modification applications may propose de minimis or
contract SAB extensions; provided that a contract SAB extension into an
adjacent market may be proposed only if, at the time the Phase I major
modification application is filed, the licensee in the adjacent market (on
the requested channel block) has the right to enter into such a contract
(see §22.912(c)).
(ii) Phase I major modification application may propose a CGSA that is not
contiguous with the authorized or proposed CGSA, provided that the
non-contiguous CGSA meets the minimum coverage requirement of §22.951.
(4) Phase I licensees may also file applications for or notifications of
minor modifications to its system. However, such minor modifications may not
reduce the size of the CGSA below the minimum coverage requirement of
§22.951.
(b) Phase II. Phase II is an on-going filing process that allows eligible
parties to apply for any unserved areas that may remain in a market after
the Phase I process is complete.
(1) If a Phase I initial application is granted for a market and channel
block, Phase II applications (applications for authority to operate a
cellular system in any remaining unserved area) for that market and channel
block may be filed on or after the 121st day after the Phase I application
was granted. If no Phase I initial applications are granted for a market and
channel block, Phase II applications for that market and channel block may
be filed on or after the 31st day after the FCC dismissed the last pending
Phase I application. If no Phase I initial applications are received for a
market and channel block, Phase II applications for that market and channel
block may be filed on or after the 32nd day after the expiration of the
relevant five-year build-out period.
(2) There is no limit to the number of Phase II applications that may be
granted on each channel block in each market. Consequently, Phase II
applications are mutually exclusive only if the proposed CGSAs would
overlap. Mutually exclusive applications are processed using the general
procedures in §22.131.
(3) Phase II applications may propose a CGSA covering more than one cellular
market. Each Phase II application must request authorization for one and
only one CGSA. Phase II applications may propose de minimis and contract SAB
extensions.
(c) Settlements among some, but not all, applicants with mutually exclusive
applications for unserved areas (partial settlements) are prohibited.
Settlements among all applicants with mutually exclusive applications (full
settlements) are allowed and must be filed no later than the date that the
FCC Form 175 (short-form) is filed.
(d) Limitations on amendments . Notwithstanding the provisions of §1.927 of
this chapter, Phase I applications are subject to the following additional
limitations in regard to the filing of amendments.
(1) The Commission will not accept amendments (of any type) to mutually
exclusive Phase I applications prior to the conclusion of the competitive
bidding process.
(2) The FCC will not accept major amendments to Phase I applications.
(3) Minor amendments required by §1.65 of this chapter must be filed no
later than thirty (30) days after public notice announcing the results of
the competitive bidding process.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59956 , Nov. 21, 1994; 61 FR 58339 , Nov. 14, 1996; 67 FR 9610 , Mar. 4, 2002; 70 FR 61059 , Oct. 20, 2005]
§ 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA)
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The GMSA has been divided into two areas for licensing purposes, the Gulf of
Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone (GMCZ).
This section describes these areas and sets forth the process for licensing
facilities in these two respective areas within the GMSA.
(a) The GMEZ and GMCZ are defined as follows:
(1) Gulf of Mexico Exclusive Zone. The geographical area within the Gulf of
Mexico Service Area that lies between the coastline line and the southern
demarcation line of the Gulf of Mexico Service Area, excluding the area
comprising the Gulf of Mexico Coastal Zone.
(2) Gulf of Mexico Coastal Zone. The geographical area within the Gulf of
Mexico Service Area that lies between the coast line of Florida and a line
extending approximately twelve nautical miles due south from the coastline
boundary of the States of Florida and Alabama, and continuing along the west
coast of Florida at a distance of twelve nautical miles from the shoreline.
The line is defined by Great Circle arcs connecting the following points
(geographical coordinates listed as North Latitude, West Longitude)
consecutively in the order listed:
(i) 30°16'49" N 87°31'06" W
(ii) 30°04'35" N 87°31'06" W
(iii) 30°10'56" N 86°26'53" W
(iv) 30°03'00" N 86°00'29" W
(v) 29°33'00" N 85°32'49" W
(vi) 29°23'21" N 85°02'06" W
(vii) 29°49'44" N 83°59'02" W
(viii) 28°54'00" N 83°05'33" W
(ix) 28°34'41" N 82°53'38" W
(x) 27°50'39" N 83°04'27" W
(xi) 26°24'22" N 82°23'22" W
(xii) 25°41'39" N 81°49'40" W
(xiii) 24°59'02" N 81°15'04" W
(xiv) 24°44'23" N 81°57'04" W
(xv) 24°32'37" N 82°02'01" W
(b) Service Area Boundary Calculation. The service area boundary of a cell
site located within the Gulf of Mexico Service Area is calculated pursuant
to §22.911(a)(2). Otherwise, the service area boundary is calculated
pursuant to §§22.911(a)(1) or 22.911(b).
(c) Operation within the Gulf of Mexico Exclusive Zone (GMEZ). GMEZ
licensees have exclusive right to provide service in the GMEZ, and may add,
modify, or remove facilities anywhere within the GMEZ without prior
Commission approval. There is no five-year buildout period for GMEZ
licensees, no requirement to file system information update maps pursuant to
§22.947, and no unserved area licensing procedure for the GMEZ.
(d) Operation within the Gulf of Mexico Coastal Zone (GMCZ). The GMCZ is
subject to the Phase II unserved area licensing procedures set forth in
§22.949(b).
[ 67 FR 9610 , Mar. 4, 2002]
§ 22.951 Minimum coverage requirement.
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Applications for authority to operate a new cellular system in an unserved
area, other than those filed by the licensee of an existing system that
abuts the unserved area, must propose a contiguous cellular geographical
service area (CGSA) of at least 130 square kilometers (50 square miles).
Area within contract SAB extensions counts toward the minimum coverage
requirement. However, area within de minimis SAB extensions does not count
toward the minimum coverage requirement. Applications for authority to
operate a new cellular system in an unserved area, other than those filed by
the licensee of an existing system that abuts the unserved area, must not
propose coverage of water areas only (or water areas and uninhabited islands
or reefs only), except for unserved areas in the Gulf of Mexico MSA.
§ 22.953 Content and form of applications.
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Applications for authority to operate a cellular system in an unserved area
must comply with the specifications in this section.
(a) Applications for authority to operate a cellular system in an unserved
area must include the following information in addition to the requirements
specified in §§1.919, 1.923 and 1.924. The following exhibits must be set
off by tabs and numbered as follows:
(1) Exhibit I—full-size map . The scale of the full-size map must be
1:500,000, regardless of whether any different scale is used for the reduced
map required in Exhibit II. The map must have a legend, a distance scale and
correctly labeled latitude and longitude lines. The map must be clear and
legible. The map must accurately show the cell sites (transmitting antenna
locations), the entire CGSA, any extension of the composite service area
boundary beyond the CGSA ( see §22.911) and the relevant portions of the
cellular market boundary.
(2) Exhibit II—reduced map . This map must be a proportional reduction, to
81/2× 11 inches, of the full-size map required for Exhibit I, unless it
proves to be impractical to depict the entire cellular market by reducing
the full-size map. In such instance, an 81/2×11 inch map of a different
scale may be substituted, provided that the required features of the
full-size map are clearly depicted and labeled.
(3) Exhibit III—engineering . This exhibit must contain the data and
methodology used to calculate the CGSA and service area boundary.
(4) Exhibit IV—channel plan . This exhibit must show which specific channels
(or groups) are to be used at each cell site. Any necessary table for
converting channel numbers to center frequencies must be provided.
(5) [Reserved]
(6) Exhibit VI—service proposal . This exhibit must describe the services
proposed for subscribers and roamers, including the proposed method for
handling complaints.
(7) Exhibit VII—cellular design . This exhibit must show that the proposed
system design complies with cellular system design concepts, and must
describe the method proposed to expand the system in a coordinated fashion
as necessary to address changing demand for cellular service.
(8) Exhibit VIII—blocking level . This exhibit must disclose the blocking
probability or other criteria to be used to determine whether it is
necessary to take measures to increase system capacity to maintain service
quality.
(9) Exhibit IX—start-up expenses . This exhibit must disclose in detail the
projected cost of construction and other initial expenses of the proposed
system, and how the applicant intends to meet these expenses and the costs
of operation for the first year.
(10) Exhibit X—interconnection arrangements . This exhibit is required for
applicants that provide public landline message telephone service in any
portion of the proposed CGSA. This exhibit must describe exactly how the
proposed system would interconnect with the landline network. The
description must be of sufficient detail to enable a competitor to connect
with the landline system in exactly the same manner, if the competitor so
chooses.
(b) Existing systems—major modifications . Licensees making major
modifications pursuant to §1.929(a) and (b) of this chapter, must file FCC
Form 601 and need only contain the exhibits required by paragraphs (a)(1)
through (a)(3) of this section.
(c) Existing systems—minor modifications . Licensees making minor
modifications pursuant to §1.929(k) of this chapter—in which the
modification causes a change in the CGSA boundary (including the removal of
a transmitter or transmitters)—must notify the FCC (using FCC Form 601) and
include full-sized maps, reduced maps, and supporting engineering exhibits
as described in paragraphs (a)(1) through (3) of this section. If the
modification involves a contract SAB extension, it must include a statement
as to whether the five-year build-out for the system on the relevant channel
block in the market into which the SAB extends has elapsed, and as to
whether the SAB extends into any unserved area in that market.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68951 , Dec. 14, 1998; 64 FR 53241 , Oct. 1, 1999; 70 FR 61059 , Oct. 20, 2005]
§ 22.955 Canadian condition.
top
Pursuant to an agreement between the FCC and the Department of
Communications in Canada, authorizations for cellular systems within 72
kilometers (45 miles) of the U.S.-Canadian border must have the following
condition attached:
This authorization is subject to the condition that, in the event that
cellular systems using the same channel block as granted herein are
authorized in adjacent territory in Canada, coordination of any of your
transmitter installations which are within 72 kilometers (45 miles) of the
U.S.-Canadian border shall be required to eliminate any harmful interference
that might otherwise exist and to insure continuance of equal access to the
channel block by both countries.
§ 22.957 Mexican condition.
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Pursuant to an agreement between the United States and Mexico, FCC
authorizations for cellular systems within 72 kilometers (45 miles) of the
United States-Mexican border must have the following condition attached:
This authorization is subject to the condition that, in the event cellular
systems using the same frequencies granted herein are authorized in adjacent
territory in Mexico, coordination of your transmitter installations which
are within 72 kilometers (45 miles) of the United States-Mexico border shall
be required to eliminate any harmful interference that might otherwise exist
and to ensure continuance of equal access to the frequencies by both
countries. The operator of this system shall not contract with customers in
Mexico, and further, users of the system must be advised that operation of a
mobile unit in Mexico is not permitted at this time without the express
permission of the Mexican government. The above conditions are subject to
modification pending further notice from the FCC.
§ 22.959 Rules governing processing of applications for initial systems.
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Pending applications for authority to operate the first cellular system on a
channel block in an MSA or RSA market continue to be processed under the
rules governing the processing of such applications that were in effect when
those applications were filed, unless the Commission determines otherwise in
a particular case.
§ 22.960 Cellular unserved area radiotelephone licenses subject to
competitive bidding.
top
Mutually exclusive initial applications for cellular unserved area Phase I
and Phase II licenses filed after July 26, 1993 are subject to competitive
bidding. The general competitive bidding procedures set forth in part 1,
subpart Q of this chapter will apply unless otherwise provided in this
subpart.
[ 67 FR 45367 , July 9, 2002]
§§ 22.961-22.967 [Reserved]
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§ 22.969 Cellular RSA licenses subject to competitive bidding.
top
Mutually exclusive applications for initial authorization for the following
Cellular Rural Service Areas filed after the effective date of this rule are
subject to competitive bidding procedures as prescribed by Sections 22.228
and 22.229: 332A—Polk, AR; 582A—Barnes, ND; 672A—Chambers, TX; and
727A—Ceiba, PR.
[ 67 FR 11434 , Mar. 14, 2002]
§ 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees
from cellular radiotelephone or part 90–800 MHz cellular systems.
top
(a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable
interference to non-cellular part 90 licensees in the 800 MHz band from
cellular radiotelephone or part 90–800 MHz cellular systems will be deemed
to occur when the below conditions are met:
(1) A transceiver at a site at which interference is encountered:
(i) Is in good repair and operating condition, and is receiving:
(A) A median desired signal of −104 dBm or higher, as measured at the R.F.
input of the receiver of a mobile unit; or
(B) A median desired signal of −101 dBm or higher, as measured at the R.F.
input of the receiver of a portable i.e. hand-held unit; and, either
(ii) Is a voice transceiver:
(A) With manufacturer published performance specifications for the receiver
section of the transceiver equal to, or exceeding, the minimum standards set
out in paragraph (b) of this section, below; and;
(B) Receiving an undesired signal or signals which cause the measured
Carrier to Noise plus interference (C/(I+N)) ratio of the receiver section
of said transceiver to be less than 20 dB, or,
(iii) Is a non-voice transceiver receiving an undesired signal or signals
which cause the measured bit error rate (BER) (or some comparable
specification) of the receiver section of said transceiver to be more than
the value reasonably designated by the manufacturer.
(2) Provided, however, that if the receiver section of the mobile or
portable voice transceiver does not conform to the standards set out in
paragraph (b) of this section, then that transceiver shall be deemed subject
to unacceptable interference only at sites where the median desired signal
satisfies the applicable threshold measured signal power in paragraph
(a)(1)(i) of this section after an upward adjustment to account for the
difference in receiver section performance. The upward adjustment shall be
equal to the increase in the desired signal required to restore the receiver
section of the subject transceiver to the 20 dB C/(I+N) ratio of paragraph
(a)(1)(ii)(B) of this section. The adjusted threshold levels shall then
define the minimum measured signal power(s) in lieu of paragraphs (a)(1)(i)
of this section at which the licensee using such non-compliant transceiver
is entitled to interference protection.
(b) Minimum receiver requirements . Voice transceivers capable of operating
in the 806–824 MHz portion of the 800 MHz band shall have the following
minimum performance specifications in order for the system in which such
transceivers are used to claim entitlement to full protection against
unacceptable interference (See paragraph (a) (2) of this section).
(1) Voice units intended for mobile use: 75 dB intermodulation rejection
ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference
sensitivity.
(2) Voice units intended for portable use: 70 dB intermodulation rejection
ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference
sensitivity.
[ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005]
§ 22.971 Obligation to abate unacceptable interference.
top
(a) Strict Responsibility. Any licensee who, knowingly or unknowingly,
directly or indirectly, causes or contributes to causing unacceptable
interference to a non-cellular part 90 of this chapter licensee in the 800
MHz band, as defined in §22.970, shall be strictly accountable to abate the
interference, with full cooperation and utmost diligence, in the shortest
time practicable. Interfering licensees shall consider all feasible
interference abatement measures, including, but not limited to, the remedies
specified in the interference resolution procedures set forth in §22.972(c).
This strict responsibility obligation applies to all forms of interference,
including out-of-band emissions and intermodulation.
(b) Joint and several responsibility . If two or more licensees knowingly or
unknowingly, directly or indirectly, cause or contribute to causing
unacceptable interference to a non-cellular part 90 of this chapter licensee
in the 800 MHz band, as defined in §22.970, such licensees shall be jointly
and severally responsible for abating interference, with full cooperation
and utmost diligence, in the shortest practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the interference
resolution procedures set forth in §22.972(c). This joint and several
responsibility rule applies to all forms of interference, including
out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly, cause or contribute to causing unacceptable interference to a
non-cellular part 90 of this chapter licensee in the 800 MHz band, as
defined in this chapter, shall not be held responsible for resolving
unacceptable interference. Notwithstanding, any licensee that receives an
interference complaint from a public safety/CII licensee shall respond to
such complaint consistent with the interference resolution procedures set
forth in this chapter.
[ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005]
§ 22.972 Interference resolution procedures.
top
(a) Initial notification . (1) Cellular Radiotelephone licensees may receive
initial notification of interference from non-cellular part 90 of this
chapter licensees in the 800 MHz band pursuant to §90.674(a) of this
chapter.
(2) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR
licensees, shall establish an electronic means of receiving the initial
notification described in §90.674(a) of this chapter. The electronic system
must be designed so that all appropriate Cellular Radiotelephone licensees
and part 90 ESMR licensees can be contacted about the interference incident
with a single notification. The electronic system for receipt of initial
notification of interference complaints must be operating no later than
February 22, 2005.
(3) Cellular Radiotelephone licensees must respond to the initial
notification described in §90.674(a) of this chapter, as soon as possible
and no later than 24 hours after receipt of notification from a part 90
public safety/CII licensee. This response time may be extended to 48 hours
after receipt from other part 90 non-cellular licensees provided affected
communications on these systems are not safety related.
(b) Interference analysis. Cellular Radiotelephone licensees—who receive an
initial notification described in §90.674(a) of this chapter—shall perform a
timely analysis of the interference to identify the possible source.
Immediate on-site visits may be conducted when necessary to complete timely
analysis. Interference analysis must be completed and corrective action
initiated within 48 hours of the initial complaint from a part 90 of this
chapter public safety/CII licensee. This response time may be extended to 96
hours after the initial complaint from other part 90 of this chapter
non-cellular licensees provided affected communications on these systems are
not safety related. Corrective action may be delayed if the affected
licensee agrees in writing (which may be, but is not required to be,
recorded via e-mail or other electronic means) to a longer period.
(c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of this
chapter—800 MHz cellular system licensees who are responsible for causing
unacceptable interference shall take all affirmative measures to resolve
such interference. Cellular Radiotelephone licensees found to contribute to
unacceptable interference, as defined in §22.970, shall resolve such
interference in the shortest time practicable. Cellular Radiotelephone
licensees and part 90 of this chapter—800 MHz cellular system licensees must
provide all necessary test apparatus and technical personnel skilled in the
operation of such equipment as may be necessary to determine the most
appropriate means of timely eliminating the interference. However, the means
whereby interference is abated or the cell parameters that may need to be
adjusted is left to the discretion of the Cellular Radiotelephone and/or
part 90 of this chapter—800 MHz cellular system licensees, whose affirmative
measures may include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone
system signal;
(iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
antenna height;
(iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone system
antenna characteristics;
(v) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone
transmission equipment;
(vi) Permanently changing part 90 ESMR and/or Cellular Radiotelephone
frequencies; and
(vii) Supplying interference-resistant receivers to the affected public
safety/CII licensee(s). If this technique is used, in all circumstances,
Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall
be responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove inadequate,
the affected part 90 of this chapter non-cellular licensee shall, consistent
with but not compromising safety, make all necessary concessions to
accepting interference until a longer-term remedy can be implemented.
(3) Discontinuing operations when clear imminent danger exists. When a part
90 of this chapter public safety licensee determines that a continuing
presence of interference constitutes a clear and imminent danger to life or
property, the licensee causing the interference must discontinue the
associated operation immediately, until a remedy can be identified and
applied. The determination that a continuing presence exists that
constitutes a clear and imminent danger to life or property, must be made by
written statement that:
(i) Is in the form of a declaration, notarized affidavit, or statement under
penalty or perjury, from an officer or executive of the affected public
safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and imminent
danger;
(iii) Was formulated on the basis of either personal knowledge or belief
after due diligence;
(iv) Is not proffered by a contractor or other third party; and
(v) Has been approved by the Chief of the Public Safety and Homeland
Security Bureau or other designated Commission official. Prior to the
authorized official making a determination that a clear and imminent danger
exists, the associated written statement must be served by hand-delivery or
receipted fax on the applicable offending licensee, with a copy transmitted
by the fastest available means to the Washington, DC office of the
Commission's Public Safety and Homeland Security Bureau.
[ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006]
§ 22.973 Information exchange.
top
(a) Prior notification. Public safety/CII licensees may notify a part 90
ESMR or cellular radiotelephone licensee that they wish to receive prior
notification of the activation or modification of part 90 ESMR or cellular
radiotelephone cell sites in their area. Thereafter, the part 90 ESMR or
cellular radiotelephone licensee must provide the following information to
the public safety/CII licensee at least 10 business days before a new cell
site is activated or an existing cell site is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna height;
(4) Channels available for use.
(b) Purpose of prior notification. The prior coordination of cell sites is
for informational purposes only. Public safety/CII licensees are not
afforded the right to accept or reject the activation of a proposed cell or
to unilaterally require changes in its operating parameters. The principal
purposes of notification are to:
(1) Allow a public safety licensee to advise the part 90 of this chapter
ESMR or Cellular Radiotelephone licensee whether it believes a proposed cell
will generate unacceptable interference;
(2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR licensees
to make voluntary changes in cell parameters when a public safety licensee
alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when the cell
is activated.
[ 69 FR 67834 , Nov. 22, 2004]
Subpart I—Offshore Radiotelephone Service
top
§ 22.1001 Scope.
top
The rules in this subpart govern the licensing and operation of offshore
radiotelephone stations. The licensing and operation of these stations and
systems is also subject to rules elsewhere in this part that apply generally
to the public mobile services. However, in case of conflict, the rules in
this subpart govern.
§ 22.1003 Eligibility.
top
Any eligible entity (see §22.7) may apply for central station license(s)
and/or offshore subscriber licenses under this subpart.
[ 70 FR 19312 , Apr. 13, 2005]
§ 22.1005 Priority of service.
top
Facilities in the Offshore Radiotelephone Service are intended primarily for
rendition of public message service between offshore subscriber and central
stations. However, they may also be used to render private leased line
communication service, provided that such usage does not reduce or impair
the extent or quality of communication service which would be available, in
the absence of private leased line service, to the general public receiving
or subsequently requesting public message service from an offshore central
station.
§ 22.1007 Channels for offshore radiotelephone systems.
top
The channels listed in this section are allocated for paired assignment to
transmitters located in the specified geographical zones that provide
offshore radiotelephone service. All channels have a bandwidth of 20 kHz and
are designated by their center frequencies in MegaHertz.
(a) Zone A—Southern Louisiana. The geographical area in Zone A is bounded as
follows:
From longitude W.87°45' on the East to longitude W.94°00' on the West and
from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on
the North to the limit of the Outer Continental Shelf on the South.
(1) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for voice-grade general communications:
Central Subscriber Central Subscriber
488.025 491.025 488.225 491.225
488.050 491.050 488.250 491.250
488.075 491.075 488.275 491.275
488.100 491.100 488.300 491.300
488.125 491.125 488.325 491.325
488.150 491.150 488.350 491.350
488.175 491.175 488.375 491.375
488.200 491.200 488.400 491.400
(2) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for voice-grade general communications and private
line service:
Central Subscriber Central Subscriber
488.425 491.425 488.575 491.575
488.450 491.450 488.600 491.600
488.475 491.475 488.625 491.625
488.500 491.500 488.650 491.650
488.525 491.525 488.675 491.675
488.550 491.550 488.700 491.700
(3) These channels may be assigned for use by relay stations in systems
where it would be impractical to provide offshore radiotelephone service
without the use of relay stations.
Central Subscriber Central Subscriber
488.725 491.725 488.775 491.775
488.750 491.750 488.800 491.800
(4) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for emergency communications involving protection of
life and property.
Central Subscriber Central Subscriber
488.825 491.825 488.875 491.875
488.850 491.850 488.900 491.900
(5) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for emergency auto alarm and voice transmission
pertaining to emergency conditions only.
Central Subscriber
488.950 491.950
(6) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for emergency shut-off remote control telemetry,
environmental data acquisition and disseminations, or facsimile
transmissions.
Central Subscriber Central Subscriber
489.000 492.000 489.200 492.200
489.025 492.025 489.225 492.225
489.050 492.050 489.250 492.250
489.075 492.075 489.275 492.275
489.100 492.100 489.300 492.300
489.125 492.125 489.325 492.325
489.150 492.150 489.350 492.350
489.175 492.175 489.375 492.375
(7) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for private line service:
Central Subscriber Central Subscriber
489.400 492.400 489.725 492.725
489.425 492.425 489.750 492.750
489.450 492.450 489.775 492.775
489.475 492.475 489.800 492.800
489.500 492.500 489.825 492.825
489.525 492.525 489.850 492.850
489.550 492.550 489.875 492.875
489.575 492.575 489.900 492.900
489.600 492.600 489.925 492.925
489.625 492.625 489.950 492.950
489.650 492.650 489.975 492.975
489.675 492.675 490.000 493.000
489.700 492.700
(8) Interstitial channels. Interstitial channels are those with center
frequencies offset by ±12.5 kHz from the listed center frequencies. The FCC
may assign interstitial channels to offshore stations in Zone A subject to
the following conditions:
(i) Offshore stations transmitting on interstitial channels must be located
east of W.92° longitude.
(ii) Operations on interstitial channels are considered to be secondary to
operations on channels with the listed center frequencies.
(iii) Offshore stations operating on interstitial channels must be used only
for voice grade general communications or to provide for private line
service.
Note to paragraph(a)of §22.1007: These channels are contained in UHF TV
Channel 17.
(b) Zone B—Southern Louisiana—Texas. (1) The geographical area in Zone B is
bounded as follows:
From longitude W.87°45' on the East to longitude W.95°00' on the West and
from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on
the North to the limit of the Outer Continental Shelf on the South.
(2) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for voice-grade general communications and private
line service:
Central Subscriber Central Subscriber
485.025 482.025 486.025 483.025
485.050 482.050 486.050 483.050
485.075 482.075 486.075 483.075
485.100 482.100 486.100 483.100
485.125 482.125 486.125 483.125
485.150 482.150 485.150 483.150
485.175 482.175 486.175 483.175
485.200 482.200 486.200 483.200
485.225 482.225 486.225 483.225
485.250 482.250 486.250 483.250
485.275 482.275 486.275 483.275
485.300 482.300 486.300 483.300
485.325 482.325 486.325 483.325
485.350 482.350 486.350 483.350
485.375 482.375 486.375 483.375
485.400 482.400 486.400 483.400
485.425 482.425 486.425 483.425
485.450 482.450 486.450 483.450
485.475 482.475 486.475 483.475
485.500 482.500 486.500 483.500
485.525 482.525 486.525 483.525
485.550 482.550 484.550 483.550
485.575 482.575 486.575 483.575
485.600 482.600 486.600 483.600
485.625 482.625 486.625 483.625
485.650 482.650 486.650 483.650
485.675 482.675 486.675 483.675
485.700 482.700 486.700 483.700
485.725 482.725 486.725 483.725
485.750 482.750 486.750 483.750
485.775 482.775 486.775 483.775
485.800 482.800 486.800 483.800
485.825 482.825 486.825 483.825
485.850 482.850 486.850 483.850
485.875 482.875 486.875 483.875
485.900 482.900 486.900 483.900
485.925 482.925 486.925 483.925
485.950 482.950 486.950 483.950
485.975 482.975 486.975 483.975
486.000 483.000 487.050 480.050
Note to paragraph(b)of §22.1007: These channels are contained in UHF TV
Channel 16.
(c) Zone C—Southern Texas. The geographical area in Zone C is bounded as
follows:
Longitude W.94°00' on the East, the 4.8 kilometer (3 mile) limit on the
North and West, a 282 kilometer (175 mile) radius from the reference point
at Linares, N.L., Mexico on the Southwest, latitude N.26°00' on the South,
and the limits of the outer continental shelf on the Southeast.
(1) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for emergency auto alarm and voice transmission
pertaining to emergency conditions only.
Central Subscriber
476.950 479.950
(2) These channels may be assigned for use by offshore central (base/fixed)
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for voice-grade general communications and private
line service:
476.025 479.025
476.050 479.050
476.075 479.075
476.100 479.100
476.125 479.125
476.150 479.150
476.175 479.175
476.200 479.200
476.225 479.225
476.250 479.250
476.275 479.275
476.300 479.300
476.325 479.325
476.350 479.350
476.375 479.375
476.400 479.400
476.425 479.425
476.450 479.450
476.475 479.475
476.500 479.500
476.525 479.525
476.550 479.550
476.575 479.575
476.600 479.600
476.625 479.625
476.650 479.650
476.675 479.675
476.700 479.700
476.725 479.725
476.750 479.750
476.775 479.775
476.800 479.800
476.825 479.825
476.850 479.850
476.875 479.875
476.900 479.900
477.000 480.000
477.025 480.025
477.075 480.075
477.100 480.100
477.125 480.125
477.150 480.150
477.175 480.175
477.200 480.200
477.225 480.225
477.250 480.250
477.275 480.275
477.300 480.300
477.325 480.325
477.350 480.350
477.375 480.375
477.400 480.400
477.425 480.425
477.450 480.450
477.475 480.475
477.500 480.500
477.525 480.525
477.550 480.550
477.575 480.575
477.600 480.600
477.625 480.625
477.650 480.650
477.675 480.675
477.700 480.700
477.725 480.725
477.750 480.750
477.775 480.775
477.800 480.800
477.825 480.825
477.850 480.850
477.875 480.875
477.900 480.900
477.925 480.925
477.950 480.950
477.975 480.975
[ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995]
§ 22.1009 Transmitter locations.
top
The rules in this section establish limitations on the locations from which
stations in the Offshore Radiotelephone Service may transmit.
(a) All stations. Offshore stations must not transmit from locations outside
the boundaries of the appropriate zones specified in §22.1007. Offshore
stations must not transmit from locations within 241 kilometers (150 miles)
of any full-service television station that transmits on the TV channel
containing the channel on which the offshore station transmits.
(b) Airborne subscriber stations. Airborne subscriber stations must not
transmit from altitudes exceeding 305 meters (1000 feet) above mean sea
level. Airborne mobile stations in Zone A must not transmit from locations
within 129 kilometers (80 miles) of Lake Charles, Louisiana. Airborne mobile
stations in Zone B must not transmit from locations within 129 kilometers
(80 miles) of Lafayette, Louisiana. Airborne mobile stations in Zone C must
not transmit from locations within 129 kilometers (80 miles) of Corpus
Christi or locations within 129 kilometers (80 miles) of Houston, Texas.
§ 22.1011 Antenna height limitations.
top
The antenna height of offshore stations must not exceed 61 meters (200 feet)
above mean sea level. The antenna height of offshore surface mobile stations
must not exceed 10 meters (30 feet) above the waterline.
§ 22.1013 Effective radiated power limitations.
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The effective radiated power (ERP) of transmitters in the Offshore
Radiotelephone Service must not exceed the limits in this section.
(a) Maximum power. The ERP of transmitters in this service must not exceed
1000 Watts under any circumstances.
(b) Mobile transmitters. The ERP of mobile transmitters must not exceed 100
Watts. The ERP of mobile transmitters, when located within 32 kilometers (20
miles) of the 4.8 kilometer (3 mile) limit, must not exceed 25 Watts. The
ERP of airborne mobile stations must not exceed 1 Watt.
(c) Protection for TV Reception. The ERP limitations in this paragraph are
intended to reduce the likelihood that interference to television reception
from offshore radiotelephone operations will occur.
(1) Co-channel protection. The ERP of offshore stations must not exceed the
limits in Table I–1 of this section. The limits depend upon the height above
mean sea level of the offshore transmitting antenna and the distance between
the antenna location of the offshore transmitter and the antenna location of
the main transmitter of the nearest full-service television station that
transmits on the TV channel containing the channel on which the offshore
station transmits.
(2) Adjacent channel protection. The ERP of offshore stations located within
128.8 kilometers (80 miles) of the main transmitter antenna of a full
service TV station that transmits on a TV channel adjacent to the TV channel
which contains the channel on which the offshore station transmits must not
exceed the limits in the Table I–2 of §22.1015. The limits depend upon the
height above mean sea level of the offshore transmitting antenna and the
distance between the location of the offshore transmitter and the 4.8
kilometer (3 mile) limit.
Table I–1—Maximum ERP (Watts)
Distance 30 meters (100 feet) 45 meters (150 feet) 61 meters (200 feet)
338 km (210 mi) 1000 1000 1000
330 km (205 mi) 1000 900 800
2 km (200 mi) 800 710 630
314 km (195 mi) 590 520 450
306 km (190 mi) 450 400 330
298 km (185 mi) 320 280 240
290 km (180 mi) 250 210 175
282 km (175 mi) 180 150 130
274 km (170 mi) 175 110 100
266 km (165 mi) 95 80 70
258 km (160 mi) 65 55 50
249 km (155 mi) 50 40 35
241 km (150 mi) 35 30 25
§ 22.1015 Repeater operation.
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Offshore central stations may be used as repeater stations provided that the
licensee is able to maintain control of the station, and in particular, to
turn the transmitter off, regardless of whether associated subscriber
stations are transmitting at the time.
Table I–2—Maximum ERP (Watts)
Distance from the 4.8 km (3 mi) limit 30 meters (100 feet) 61 meters (200
feet)
6.4 km (4 mi) 25 6
8.0 km (5 mi) 40 10
9.7 km (6 mi) 65 15
11.3 km (7 mi) 100 25
12.9 km (8 mi) 150 35
14.5 km (9 mi) 215 50
16.1 km (10 mi) 295 70
17.7 km (11 mi) 400 100
19.3 km (12 mi) 530 130
20.9 km (13 mi) 685 170
22.5 km (14 mi) 870 215
24.1 km (15 mi) 1000 270
25.7 km (16 mi) 1000 415
27.4 km (17 mi) 1000 505
29.0 km (18 mi) 1000 610
30.6 km (19 mi) 1000 730
32.2 km (20 mi) 1000 865
33.8 km (21 mi) 1000 1000
§ 22.1025 Permissible communications.
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Offshore central stations must communicate only with subscriber stations
(fixed, temporary-fixed, mobile and airborne). Offshore subscriber stations
must normally communicate only with and through offshore central stations.
Stations in the Offshore Radiotelephone Service may communicate through
relay stations authorized in this service.
§ 22.1031 Temporary fixed stations.
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The FCC may, upon proper application therefor, authorize the construction
and operation of temporary fixed stations in the Offshore Radiotelephone
service to be used only when the service of permanent fixed stations is
disrupted by storms or emergencies or is otherwise unavailable.
(a) Six month limitation. If it is necessary for a temporary fixed station
to remain at the same location for more than six months, the licensee of
that station must apply for authorization to operate the station at the
specific location at least 30 days before the end of the six month period.
(b) International communications. Communications between the United States
and Mexico must not be carried using a temporary fixed station without prior
authorization from the FCC. Licensees desiring to carry such communications
should apply sufficiently in advance to allow for the time necessary to
coordinate with Canada or Mexico.
§ 22.1035 Construction period.
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The construction period (see §22.142) for offshore stations is 18 months.
§ 22.1037 Application requirements for offshore stations.
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Applications for new Offshore Radiotelephone Service stations must contain
an exhibit showing that:
(a) The applicant has notified all licensees of offshore stations located
within 321.8 kilometers (200 miles) of the proposed offshore station, by
providing the following data, at least 30 days before filing the
application:
(1) The name, business address, channel coordinator, and telephone number of
the applicant;
(2) The location and geographical coordinates of the proposed station;
(3) The channel and type of emission;
(4) The height and type of antenna;
(5) The bearing of the main lobe of the antenna; and,
(6) The effective radiated power.
(b) The proposed station will not interfere with the primary ORS channels by
compliance with the following separations:
(1) Co-channel to a distance of 241.4 kilometers (150 miles).
(2) If interstitial channels are used, adjacent channels (±12.5 kHz) to a
distance of 80.5 kilometers (50 miles).
(3) Third order intermodulation channels (±12.5 kHz) to a distance of 32.2
kilometers (20 miles).
(4) If the proposed transmitting antenna site is located west of longitude
W.93°40', and within 32.2 kilometers (20 miles) of the shoreline, and
proposed use of the channels listed in §22.1007(b), no third-order
intermodulation interference would be caused to any base or mobile station
using the channels between 488 and 494 MHz.
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