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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
___________________________________
Section Contents
Subpart A—General Information
§ 27.1 Basis and purpose.
§ 27.2 Permissible communications.
§ 27.3 Other applicable rule parts.
§ 27.4 Terms and definitions.
§ 27.5 Frequencies.
§ 27.6 Service areas.
Subpart B—Applications and Licenses
§ 27.10 Regulatory status.
§ 27.11 Initial authorization.
§ 27.12 Eligibility.
§ 27.13 License period.
§ 27.14 Construction requirements; Criteria for renewal.
§ 27.15 Geographic partitioning and spectrum disaggregation.
§ 27.16 xxx
Subpart C—Technical Standards
§ 27.50 Power and antenna height limits.
§ 27.51 Equipment authorization.
§ 27.52 RF safety.
§ 27.53 Emission limits.
§ 27.54 Frequency stability.
§ 27.55 Signal strength limits.
§ 27.56 Antenna structures; air navigation safety.
§ 27.57 International coordination.
§ 27.58 Interference to BRS/EBS receivers.
§ 27.59 [Reserved]
§ 27.60 TV/DTV interference protection criteria.
§§ 27.61-27.62 [Reserved]
§ 27.63 Disturbance of AM broadcast station antenna patterns.
§ 27.64 Protection from interference.
§ 27.66 Discontinuance, reduction, or impairment of service.
§ 27.70 Information exchange.
Subpart D—Competitive Bidding Procedures for the 2305–2320 MHz and 2345–2360
MHz Bands
§ 27.201 WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to
competitive bidding.
§§ 27.202-27.208 [Reserved]
§ 27.209 Designated entities; bidding credits; unjust enrichment.
§ 27.210 Definitions
Subpart E—Application, Licensing, and Processing Rules for WCS
§ 27.301 [Reserved]
§ 27.302 Eligibility.
§ 27.303 Upper 700 MHz commercial and public safety coordination zone.
§§ 27.304-27.307 [Reserved]
§ 27.308 Technical content of applications.
§§ 27.310-27.320 [Reserved]
§ 27.321 Mutually exclusive applications.
§§ 27.322-27.325 [Reserved]
Subpart F—Competitive Bidding Procedures for the 698–806 MHz Band
§ 27.501 746–764 MHz and 776–794 MHz bands subject to competitive bidding.
§ 27.502 Designated entities.
Subpart G—Guard Band Service (746–747/776–777 MHz and 762–764/792–794 MHz
Bands)
§ 27.601 Authority and coordination requirements.
§ 27.602 Lease agreements.
§ 27.604 Limitation on licenses won at auction.
§ 27.607 Performance requirements and annual reporting requirement.
Subpart H—Competitive Bidding Procedures for the 698–746 MHz Band
§ 27.701 698–746 MHz bands subject to competitive bidding.
§ 27.702 Designated entities.
Subpart I—1.4 GHz Band
§ 27.801 Scope.
§ 27.802 Permissible communications.
§ 27.803 Coordination requirements.
§ 27.804 Field strength limits at WMTS facility.
§ 27.805 Geographic partitioning and spectrum disaggregation.
§ 27.806 1.4 GHz service licenses subject to competitive bidding.
§ 27.807 Designated entities.
Subpart J—1670–1675 MHz Band
§ 27.901 Scope.
§ 27.902 Permissible communications.
§ 27.903 Coordination requirements.
§ 27.904 Geographic partitioning and spectrum disaggregation.
§ 27.905 1670–1675 MHz service licenses subject to competitive bidding.
§ 27.906 Designated entities.
Subpart K [Reserved]
Subpart L—1710–1755 MHz, 2110–2155 MHz, 2160–2180 MHz Bands
Licensing and Competitive Bidding Provisions
§ 27.1101 1710–1755 MHz and 2110–2155 MHz bands subject to competitive
bidding.
§ 27.1102 Designated Entities in the 1710–1755 MHz and 2110–2155 MHz
bands.
Relocation of Incumbents
§ 27.1111 Relocation of fixed microwave service licensees in the 2110–2150
MHz band.
Protection of Incumbent Operations
§ 27.1131 Protection of Part 101 operations.
§ 27.1132 Protection of incumbent operations in the 2150–2160/62 MHz band.
§ 27.1133 Protection of Part 74 and Part 78 operations.
§ 27.1134 Protection of Federal Government operations.
§ 27.1135 Protection of non-Federal Government Meteorological-Satellite
operations.
Cost-Sharing Policies Governing Microwave Relocation From the 2110–2150 MHz
and 2160–2200 MHz Bands
§ 27.1160 Cost-sharing requirements for AWS.
§ 27.1162 Administration of the Cost-Sharing Plan.
§ 27.1164 The cost-sharing formula.
§ 27.1166 Reimbursement under the Cost-Sharing Plan.
§ 27.1168 Triggering a Reimbursement Obligation.
§ 27.1170 Payment Issues.
§ 27.1172 Dispute Resolution Under the Cost-Sharing Plan.
§ 27.1174 Termination of Cost-Sharing Obligations.
Cost-Sharing Policies Governing Broadband Radio Service Relocation From the
2150–2160/62 MHz Band
§ 27.1176 Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.
§ 27.1178 Administration of the Cost-Sharing Plan.
§ 27.1180 The cost-sharing formula.
§ 27.1182 Reimbursement under the Cost-Sharing Plan.
§ 27.1184 Triggering a reimbursement obligation.
§ 27.1186 Payment issues.
§ 27.1188 Dispute resolution under the Cost-Sharing Plan.
§ 27.1190 Termination of cost-sharing obligations.
Subpart M—Broadband Radio Service and Educational Broadband Service
§ 27.1200 Change to BRS and EBS.
§ 27.1201 EBS eligibility.
§ 27.1202 Cable/BRS cross-ownership.
§ 27.1203 EBS programming requirements.
§ 27.1206 Geographic Service Area.
§ 27.1207 BTA license authorization.
§ 27.1208 Service areas.
§ 27.1209 Conversion of incumbent EBS and BRS stations to geographic area
licensing.
§ 27.1210 Remote control operation.
§ 27.1211 Unattended operation.
§ 27.1212 License term.
§ 27.1213 Designated entity provisions for BRS in Commission auctions
commencing prior to January 1, 2004.
§ 27.1214 EBS spectrum leasing arrangements and grandfathered leases.
§ 27.1215 BRS grandfathered leases.
§ 27.1216 Grandfathered E and F group EBS licenses.
Technical Standards
§ 27.1220 Transmission standards.
§ 27.1221 Interference protection.
§ 27.1222 Operations in the 2568–2572 and 2614–2618 bands.
Policies Governing the Transition of the 2500–2690 MHz Band for BRS and EBS
§ 27.1230 Conversion of the 2500–2690 MHz band.
§ 27.1231 Initiating the transition.
§ 27.1232 Planning the transition.
§ 27.1233 Reimbursement costs of transitioning.
§ 27.1234 Terminating existing operations in transitioned markets.
§ 27.1235 Post-transition notification.
§ 27.1236 Self-transitions.
§ 27.1237 Pro rata allocation of transition costs.
§ 27.1238 Eligible costs.
§ 27.1239 Reimbursement obligation.
Relocation Procedures for the 2150–2160/62 MHz Band
§ 27.1250 Transition of the 2150–2160/62 MHz band from the Broadband Radio
Service to the Advanced Wireless Service.
§ 27.1251 Mandatory Negotiations.
§ 27.1252 Involuntary Relocation Procedures.
§ 27.1253 Sunset Provisions.
§ 27.1254 Eligibility.
§ 27.1255 Relocation Criteria for Broadband Radio Service Licensees in the
2150–2160/62 MHz band.
Subpart N—xxx
___________________________________
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337
unless otherwise noted.
Source: 62 FR 9658 , Mar. 3, 1997, unless otherwise noted.
Subpart A—General Information
top
§ 27.1 Basis and purpose.
top
Link to an amendment published at 72 FR 48843 , Aug. 24, 2007.
This section contains the statutory basis for this part of the rules and
provides the purpose for which this part is issued.
(a) Basis. The rules for miscellaneous wireless communications services
(WCS) in this part are promulgated under the provisions of the
Communications Act of 1934, as amended, that vest authority in the Federal
Communications Commission to regulate radio transmission and to issue
licenses for radio stations.
(b) Purpose. This part states the conditions under which spectrum is made
available and licensed for the provision of wireless communications services
in the following bands.
(1) 2305–2320 MHz and 2345–2360 MHz.
(2) 746–764 MHz and 776–794 MHz.
(3) 698–746 MHz.
(4) 1390–1392 MHz.
(5) 1392–1395 MHz and 1432–1435 MHz.
(6) 1670–1675 MHz.
(7) [Reserved]
(8) 1710–1755 MHz and 2110–2155 MHz.
(9) 2495–2690 MHz.
(c) Scope. The rules in this part apply only to stations authorized under
this part.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 65 FR 3144 , Jan. 20, 2000; 65 FR 17601 , Apr. 4, 2000; 67 FR 5510 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002;
69 FR 5714 , Feb. 6, 2004; 69 FR 72031 , Dec. 10, 2004; 69 FR 77949 , Dec. 29,
2004]
§ 27.2 Permissible communications.
top
Link to an amendment published at 72 FR 48843 , Aug. 24, 2007.
(a) Miscellaneous wireless communications services. Except as provided in
paragraph (b) of this section and subject to technical and other rules
contained in this part, a licensee in the frequency bands specified in §27.5
may provide any services for which its frequency bands are allocated, as set
forth in the non-Federal Government column of the Table of Allocations in
§2.106 of this chapter (column 5).
(b) 746–747 MHz, 776–777 MHz, 762–764 MHz and 792–794 MHz bands. Operators
in the 746–747 MHz, 776–777 MHz, 762–764 MHz and 792–794 MHz bands may not
employ a cellular system architecture. A cellular system architecture is
defined, for purposes of this part, as one that consists of many small areas
or cells (segmented from a larger geographic service area), each of which
uses its own base station, to enable frequencies to be reused at relatively
short distances.
(c) Satellite DARS. Satellite digital audio radio service (DARS) may be
provided using the 2310–2320 and 2345–2360 MHz bands. Satellite DARS service
shall be provided in a manner consistent with part 25 of this chapter.
[ 65 FR 3144 , Jan. 20, 2000, as amended at 65 FR 17601 , Apr. 4, 2000]
§ 27.3 Other applicable rule parts.
top
Other FCC rule parts applicable to the Wireless Communications Service
include the following:
(a) Part 0. This part describes the Commission's organization and
delegations of authority. Part 0 of this chapter also lists available
Commission publications, standards and procedures for access to Commission
records, and location of Commission Field Offices.
(b) Part 1. This part includes rules of practice and procedure for license
applications, adjudicatory proceedings, procedures for reconsideration and
review of the Commission's actions; provisions concerning violation notices
and forfeiture proceedings; competitive bidding procedures; and the
environmental requirements that, if applicable, must be complied with prior
to the initiation of construction. Subpart F includes the rules for the
Wireless Telecommunications Services and the procedures for filing
electronically via the ULS.
(c) Part 2. This part contains the Table of Frequency Allocations and
special requirements in international regulations, recommendations,
agreements, and treaties. This part also contains standards and procedures
concerning the marketing and importation of radio frequency devices, and for
obtaining equipment authorization.
(d) Part 5. This part contains rules prescribing the manner in which parts
of the radio frequency spectrum may be made available for experimentation.
(e) Part 15. This part sets forth the requirements and conditions applicable
to certain radio frequency devices.
(f) Part 17. This part contains requirements for construction, marking and
lighting of antenna towers.
(g) Part 20. This part sets forth the requirements and conditions applicable
to commercial mobile radio service providers.
(h) Part 22. This part sets forth the requirements and conditions applicable
to public mobile services.
(i) Part 24. This part sets forth the requirements and conditions applicable
to personal communications services.
(j) Part 25. This part contains the requirements for satellite
communications, including satellite DARS.
(k) Part 51. This part contains general duties of telecommunications
carriers to provide for interconnection with other telecommunications
carriers.
(l) Part 64. This part sets forth the requirements and conditions applicable
to telecommunications carriers under the Communications Assistance for Law
Enforcement Act.
(m) Part 68. This part contains technical standards for connection of
terminal equipment to the telephone network.
(n) Part 73. This part sets forth the requirements and conditions applicable
to radio broadcast services.
(o) Part 74 . This part sets forth the requirements and conditions
applicable to experimental radio, auxiliary, special broadcast and other
program distributional services.
(p) Part 90. This part sets forth the requirements and conditions applicable
to private land mobile radio services.
(q) Part 101. This part sets forth the requirements and conditions
applicable to fixed microwave services.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3144 , Jan. 20, 2000; 67 FR 5510 , Feb. 6, 2002; 69 FR 5714 , Feb. 6, 2004; 69 FR 72031 , Dec. 10, 2004; 70 FR 61059 , Oct. 20, 2005]
§ 27.4 Terms and definitions.
top
Link to an amendment published at 72 FR 48843 , Aug. 24, 2007.
Advanced wireless service (AWS). A radiocommunication service licensed
pursuant to this part for the frequency bands specified in §27.5(h).
Affiliate. This term shall have the same meaning as that for “affiliate” in
part 1, §1.2110(b)(5) of this chapter.
Assigned frequency. The center of the frequency band assigned to a station.
Attended operation. Operation of a station by a designated person on duty at
the place where the transmitting apparatus is located with the transmitter
in the person's plain view.
Authorized bandwidth. The maximum width of the band of frequencies permitted
to be used by a station. This is normally considered to be the necessary or
occupied bandwidth, whichever is greater.
Average terrain. The average elevation of terrain between 3 and 16
kilometers from the antenna site.
Base station . A land station in the land mobile service.
Booster service area. A geographic area to be designated by an applicant for
a booster station, within which the booster station shall be entitled to
protection against interference as set forth in this part. The booster
service area must be specified by the applicant so as not to overlap the
booster service area of any other booster authorized to or proposed by the
applicant. However, a booster station may provide service to receive sites
outside of its booster service area, at the licensee's risk of interference.
The booster station must be capable of providing substantial service within
the designated booster service area.
Broadband Radio Service (BRS). A radio service using certain frequencies in
the 2150–2162 and 2496–2690 MHz bands which can be used to provide fixed and
mobile services, except for aeronautical services.
Broadcast services. This term shall have the same meaning as that for
“broadcasting” in section 3(6) of the Communications Act of 1934, i.e., “the
dissemination of radio communications intended to be received by the public,
directly or by the intermediary of relay stations.” 47 U.S.C. 153(6).
Commercial EBS licensee. A licensee authorized to operate on EBS channels
pursuant to the provisions of §27.1201(c) contained in the edition of 47 CFR
parts 20 to 39, revised as of October 1, 2005, or §§74.990 through 74.992
contained in the edition of 47 CFR parts 70 to 79, revised as of October 1,
2004, of this chapter, and that does not meet the eligibility requirements
of §27.1201(a).
Documented complaint. A complaint that a party is suffering from
non-consensual interference. A documented complaint must contain a
certification that the complainant has contacted the operator of the
allegedly offending facility and tried to resolve the situation prior to
filing. The complaint must then specify the nature of the interference,
whether the interference is constant or intermittent, when the interference
began and the site(s) most likely to be causing the interference. The
complaint should be accompanied by a videotape or other evidence showing the
effects of the interference. The complaint must contain a motion for a
temporary order to have the interfering station cease transmitting. The
complaint must be filed with the Secretary's office and served on the
allegedly offending party.
Educational Broadband Service (EBS). A fixed or mobile service, the
licensees of which are educational institutions or non-profit educational
organizations, and intended primarily for video, data, or voice
transmissions of instructional, cultural, and other types of educational
material to one or more receiving locations.
Effective Radiated Power (ERP) (in a given direction). The product of the
power supplied to the antenna and its gain relative to a half-wave dipole in
a given direction.
Equivalent Isotropically Radiated Power (EIRP). The product of the power
supplied to the antenna and the antenna gain in a given direction relative
to an isotropic antenna.
Fixed service. A radio communication service between specified fixed points.
Fixed station. A station in the fixed service.
Land mobile service. A mobile service between base stations and land mobile
stations, or between land mobile stations.
Land mobile station. A mobile station in the land mobile service capable of
surface movement within the geographic limits of a country or continent.
Land station. A station in the mobile service not intended to be used while
in motion.
Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of channels
in the frequencies 2496–2572 MHz.
Middle Band Segment (MBS). Segment of the BRS/EBS band consisting of
channels in the frequencies 2572–2614 MHz.
Mobile service. A radio communication service between mobile and land
stations, or between mobile stations.
Mobile station. A station in the mobile service intended to be used while in
motion or during halts at unspecified points.
National Geodetic Reference System (NGRS). The name given to all geodetic
control data contained in the National Geodetic Survey (NGS) data base.
(Source: National Geodetic Survey, U.S. Department of Commerce)
Point-to-point Broadband station. A Broadband station that transmits a
highly directional signal from a fixed transmitter location to a fixed
receive location.
Portable device . Transmitters designed to be used within 20 centimeters of
the body of the user.
Radiodetermination. The determination of the position, velocity and/or other
characteristics of an object, or the obtaining of information relating to
these parameters, by means of the propagation properties of radio waves.
Radiolocation. Radiodetermination used for purposes other than those of
radionavigation.
Radiolocation land station . A station in the radiolocation service not
intended to be used while in motion.
Radiolocation mobile station . A station intended to be used while in motion
or during halts at unspecified points.
Radionavigation. Radiodetermination used for the purpose of navigation,
including obstruction warning.
Remote control. Operation of a station by a designated person at a control
position from which the transmitter is not visible but where suitable
control and telemetering circuits are provided which allow the performance
of the essential functions that could be performed at the transmitter.
Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication
service in which compact disc quality programming is digitally transmitted
by one or more space stations.
Sectorization. The use of an antenna system at any broadband station,
booster station and/or response station hub that is capable of
simultaneously transmitting multiple signals over the same frequencies to
different portions of the service area and/or simultaneously receiving
multiple signals over the same frequencies from different portions of the
service area.
Studio to transmitter link (STL). A directional path used to transmit a
signal from a station's studio to its transmitter.
Temporary fixed broadband station. A broadband station used for the
transmission of material from temporary unspecified points to a broadband
station.
Time division multiple access (TDMA) . A multiple access technique whereby
users share a transmission medium by being assigned and using
(one-at-a-time) for a limited number of time division mulitplexed channels;
implies that several transmitters use one channel for sending several bit
streams.
Time division multiplexing (TDM) . A multiplexing technique whereby two or
more channels are derived from a transmission medium by dividing access to
the medium into sequential intervals. Each channel has access to the entire
bandwidth of the medium during its interval. This implies that one
transmitter uses one channel to send several bit streams of information.
Unattended operation. Operation of a station by automatic means whereby the
transmitter is turned on and off and performs its functions without
attention by a designated person.
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.
Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of channels
in the frequencies 2614–2690 MHz
Wireless communications service. A radiocommunication service licensed
pursuant to this part for the frequency bands specified in §27.5.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 62 FR 16497 , Apr. 7, 1997; 63 FR 68954 , Dec. 14, 1998; 65 FR 3145 , Jan. 20, 2000; 65 FR 17602 , Apr. 4, 2000;
67 FR 41854 , June 20, 2002; 68 FR 66286 , Nov. 25, 2003; 69 FR 5714 , Feb. 6,
2004; 69 FR 72031 , Dec. 10, 2004; 71 FR 35189 , June 19, 2006; 72 FR 27709 ,
May 16, 2007]
§ 27.5 Frequencies.
top
Link to an amendment published at 72 FR 48844 , Aug. 24, 2007.
(a) 2305–2320 MHz and 2345–2360 MHz bands. The following frequencies are
available for WCS in the 2305–2320 MHz and 2345–2360 MHz bands:
(1) Two paired channel blocks are available for assignment on a Major
Economic Area basis as follows:
Block A: 2305–2310 and 2350–2355 MHz; and
Block B: 2310–2315 and 2355–2360 MHz.
(2) Two unpaired channel blocks are available for assignment on a Regional
Economic Area Grouping basis as follows:
Block C: 2315–2320 MHz; and
Block D: 2345–2350 MHz.
(b) 746–764 MHz and 776–794 MHz bands. The following frequencies are
available for licensing pursuant to this part in the 746–764 MHz and 776–794
MHz bands:
(1) Two paired channels of 1 megahertz each are available for assignment
solely to Guard band managers. Block A: 746–747 MHz and 776–777 MHz.
(2) Two paired channels of 2 megahertz each are available for assignment
solely to Guard band managers. Block B: 762–764 MHz and 792–794 MHz.
(3) Two paired channels of 5 megahertz each are available for assignment.
Block C: 747–752 MHz and 777–782 MHz.
(4) Two paired channels of 10 megahertz each are available for assignment.
Block D: 752–762 MHz and 782–792 MHz.
(c) 698–746 MHz band. The following frequencies are available for licensing
pursuant to this part in the 698–746 MHz band:
(1) Three paired channel blocks of 12 megahertz each are available for
assignment as follows:
Block A: 698–704 MHz and 728–734 MHz;
Block B: 704–710 MHz and 734–740 MHz; and
Block C: 710–716 MHz and 740–746 MHz.
(2) Two unpaired channel blocks of 6 megahertz each are available for
assignment as follows:
Block D: 716–722 MHz; and
Block E: 722–728 MHz.
(d) 1390–1392 MHz band. The 1390–1392 MHz band is available for assignment
on a Major Economic Area basis.
(e) The paired 1392–1395 and 1432–1435 MHz bands. The paired 1392–1395 MHz
and 1432–1435 MHz bands are available for assignment on an Economic Area
Grouping basis as follows: Block A: 1392–1393.5 MHz and 1432–1433.5 MHz; and
Block B: 1393.5–1395 MHz and 1433.5–1435 MHz.
(f) 1670–1675 MHz band. The 1670–1675 MHz band is available for assignment
on a nationwide basis.
(g) [Reserved]
(h) 1710–1755 MHz and 2110–2155 MHz bands. The following frequencies are
available for licensing pursuant to this part in the 1710–1755 MHz and
2110–2155 MHz bands:
(1) Three paired channel blocks of 10 megahertz each are available for
assignment as follows:
Block A: 1710–1720 MHz and 2110–2120 MHz;
Block B: 1720–1730 MHz and 2120–2130 MHz; and
Block F: 1745–1755 MHz and 2145–2155 MHz.
(2) Three paired channel blocks of 5 megahertz each are available for
assignment as follows:
Block C: 1730–1735 MHz and 2130–2135 MHz;
Block D: 1735–1740 MHz and 2135–2140 MHz; and
Block E: 1740–1745 MHz and 2140–2145 MHz.
(i) Frequency assignments for the BRS/EBS band. (1) Pre-transition frequency
assignments.
RS Channel 1: 2150–2156 MHz or 2496–2500 MHz
BRS Channel 2: 2156–2162 MHz or 2686–2690 MHz
BRS Channel 2A: 2156–2160 MHz
EBS Channel A1: 2500–2506 MHz
EBS Channel B1: 2506–2512 MHz
EBS Channel A2: 2512–2518 MHz
EBS Channel B2: 2518–2524 MHz
EBS Channel A3: 2524–2530 MHz
EBS Channel B3: 2530–2536 MHz
EBS Channel A4: 2536–2542 MHz
EBS Channel B4: 2542–2548 MHz
EBS Channel C1: 2548–2554 MHz
EBS Channel D1: 2554–2560 MHz
EBS Channel C2: 2560–2566 MHz
EBS Channel D2: 2566–2572 MHz
EBS Channel C3: 2572–2578 MHz
EBS Channel D3: 2578–2584 MHz
EBS Channel C4: 2584–2590 MHz
EBS Channel D4: 2590–2596 MHz
BRS Channel E1: 2596–2602 MHz
BRS Channel F1: 2602–2608 MHz
BRS Channel E2: 2608–2614 MHz
BRS Channel F2: 2614–2620 MHz
BRS Channel E3: 2620–2626 MHz
BRS Channel F3: 2626–2632 MHz
BRS Channel E4: 2632–2638 MHz
BRS Channel F4: 2638–2644 MHz
EBS Channel G1: 2644–2650 MHz
BRS Channel H1: 2650–2656 MHz
EBS Channel G2: 2656–2662 MHz
BRS Channel H2: 2662–2668 MHz
EBS Channel G3: 2668–2674 MHz
BRS Channel H3: 2674–2680 MHz
EBS Channel G4: 2680–2686 MHz
I Channels: 2686–2690 MHz
(2) Post transition frequency assignments. The frequencies available in the
Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are
listed in this section in accordance with the frequency allocations table of
§2.106 of this chapter.
(i) Lower Band Segment (LBS): The following channels shall constitute the
Lower Band Segment:
BRS Channel 1: 2496–2502 MHz
EBS Channel A1: 2502–2507.5 MHz
EBS Channel A2: 2507.5–2513 MHz
EBS Channel A3: 2513–2518.5 MHz
EBS Channel B1: 2518.5–2524 MHz
EBS Channel B2: 2524–2529.5 MHz
EBS Channel B3: 2529.5–2535 MHz
EBS Channel C1: 2535–2540.5 MHz
EBS Channel C2: 2540.5–2546 MHz
EBS Channel C3: 2546–2551.5 MHz
EBS Channel D1: 2551.5–2557 MHz
EBS Channel D2: 2557–2562.5 MHz
EBS Channel D3: 2562.5–2568 MHz
EBS Channel JA1: 2568.00000–2568.33333 MHz
EBS Channel JA2: 2568.33333–2568.66666 MHz
EBS Channel JA3: 2568.66666–2569.00000 MHz
EBS Channel JB1: 2569.00000–2569.33333 MHz
EBS Channel JB2: 2569.33333–2569.66666 MHz
EBS Channel JB3: 2569.66666–2570.00000 MHz
EBS Channel JC1: 2570.00000–2570.33333 MHz
EBS Channel JC2: 2570.33333–2570.66666 MHz
EBS Channel JC3: 2570.66666–2571.00000 MHz
EBS Channel JD1: 2571.00000–2571.33333 MHz
EBS Channel JD2: 2571.33333–2571.66666 MHz
EBS Channel JD3: 2571.66666–2572.00000 MHz
(ii) Middle Band Segment (MBS): The following channels shall constitute the
Middle Band Segment:
EBS Channel A4: 2572–2578 MHz
EBS Channel B4: 2578–2584 MHz
EBS Channel C4: 2584–2590 MHz
EBS Channel D4: 2590–2596 MHz
EBS Channel G4: 2596–2602 MHz
BRS/EBS Channel F4: 2602–2608 MHz
BRS/EBS Channel E4: 2608–2614 MHz
(iii) Upper Band Segment (UBS): The following channels shall constitute the
Upper Band Segment:
BRS Channel KH1: 2614.00000–2614.33333 MHz
BRS Channel KH2: 2614.33333–2614.66666 MHz
BRS Channel KH3: 2614.66666–2615.00000 MHz
EBS Channel KG1: 2615.00000–2615.33333 MHz
EBS Channel KG2: 2615.33333–2616.66666 MHz
EBS Channel KG3: 2615.66666–2616.00000 MHz
BRS Channel KF1: 2616.00000–2616.33333 MHz
BRS Channel KF2: 2616.33333–2616.66666MHz
BRS Channel KF3: 2616.66666–2617.00000 MHz
BRS Channel KE1: 2617.00000–2617.33333 MHz
BRS Channel KE2: 2617.33333–2617.66666 MHz
BRS Channel KE3: 2617.66666–2618.00000 MHz
BRS Channel 2: 2618–2624 MHz
BRS/EBS Channel E1: 2624–2629.5 MHz
BRS/EBS Channel E2: 2629.5–2635 MHz
BRS/EBS Channel E3: 2635–2640.5 MHz
BRS/EBS Channel F1: 2640.5–2646 MHz
BRS/EBS Channel F2: 2646–2651.5 MHz
BRS/EBS Channel F3: 2651.5–2657 MHz
BRS Channel H1: 2657–2662.5 MHz
BRS Channel H2: 2662.5–2668 MHz
BRS Channel H3: 2668–2673.5 MHz
BRS Channel G1: 2673.5–2679 MHz
BRS Channel G2: 2679–2684.5 MHz
BRS Channel G3: 2684.5–2690 MHz
Note to paragraph(i)(2): No 125 kHz channels are provided for channels in
operation in this service. The 125 kHz channels previously associated with
these channels have been reallocated to Channel G3 in the upper band
segment.
(3) During the transition (see §§27.1230–27.1239) EBS and BRS licensees may
exchange channels to effectuate the transition of the 2.5 GHz band in a
given BTA.
(4) A temporary fixed broadband station may use any available broadband
channel on a secondary basis, except that operation of temporary fixed
broadband stations is not allowed within 56.3 km (35 miles) of Canada.
(5)(i) A point-to-point EBS station on the E and F-channel frequencies, may
be involuntarily displaced by a BRS applicant or licensee, provided that
suitable alternative spectrum is available and that the BRS entity bears the
expenses of the migration. Suitability of spectrum will be determined on a
case-by-base basis; at a minimum, the alternative spectrum must be
licensable by broadband operators on a primary basis (although it need not
be specifically allocated to the broadband service), and must provide a
signal that is equivalent to the prior signal in picture quality and
reliability, unless the broadband licensee will accept an inferior signal.
Potential expansion of the BRS licensee may be considered in determining
whether alternative available spectrum is suitable.
(ii) If suitable alternative spectrum is located pursuant to paragraph
(h)(6)(i) of this section, the initiating party must prepare and file the
appropriate application for the new spectrum, and must simultaneously serve
a copy of the application on the EBS licensee to be moved. The initiating
party will be responsible for all costs connected with the migration,
including purchasing, testing and installing new equipment, labor costs,
reconfiguration of existing equipment, administrative costs, legal and
engineering expenses necessary to prepare and file the migration
application, and other reasonable documented costs. The initiating party
must secure a bond or establish an escrow account to cover reasonable
incremental increase in ongoing expenses that may fall upon the migrated
licensee. The bond or escrow account should also account for the possibility
that the initiating party subsequently becomes bankrupt. If it becomes
necessary for the Commission to assess the sufficiency of a bond or escrow
amount, it will take into account such factors as projected incremental
increase in electricity or maintenance expenses, or relocation expenses, as
relevant in each case.
(iii) The EBS licensee to be moved will have a 60-day period in which to
oppose the involuntary migration. The broadband party should state its
opposition to the migration with specificity, including engineering and
other challenges, and a comparison of the present site and the proposed new
site. If involuntary migration is granted, the new facilities must be
operational before the initiating party will be permitted to begin its new
or modified operations. The migration must not disrupt the broadband
licensee's provision of service, and the broadband licensee has the right to
inspect the construction or installation work.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 65 FR 3145 , Jan. 20, 2000; 65 FR 17602 , Apr. 4, 2000; 67 FR 5510 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002;
69 FR 5714 , Feb. 6, 2004; 69 FR 72032 , Dec. 10, 2004; 69 FR 77950 , Dec. 29,
2004; 70 FR 58064 , Oct. 5, 2005; 71 FR 35189 , June 19, 2006]
§ 27.6 Service areas.
top
Link to an amendment published at 72 FR 48844 , Aug. 24, 2007.
(a) WCS service areas are Major Economic Areas (MEAs) and Regional Economic
Area Groupings (REAGs) as defined in the Table immediately following
paragraph (a)(1) of this section. Both MEAs and REAGs are based on the U.S.
Department of Commerce's 172 Economic Areas (Eas). See 60 FR 13114 (March
10, 1995). In addition, the Commission shall separately license Guam and the
Northern Mariana Islands, Puerto Rico and the United States Virgin Islands,
American Samoa, and the Gulf of Mexico, which have been assigned
Commission-created EA numbers 173–176, respectively. Maps of the EAs, MEAs,
and REAGs and theFederal RegisterNotice that established the 172 EAs are
available for public inspection and copying at the Reference Information
Center, Consumer and Governmental Affairs Bureau, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554.
(1) The 52 MEAs are composed of one or more EAs and the 12 REAGs are
composed of one or more MEAs, as defined in the table below:
REAGs MEAs EAs
1 (Northeast) 1 (Boston) 1–3.
2 (New York City) 4–7, 10.
3 (Buffalo) 8.
4 (Philadelphia) 11–12.
2 (Southeast) 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.
3 (Great Lakes) 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.
4 (Mississippi Valley) 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.
5 (Central) 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.
6 (West) 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.
7 (Alaska) 47 (Alaska) 171.
8 (Hawaii) 48 (Hawaii) 172.
9 (Guam and the Northern Mariana Islands) 49 (Guam and the Northern Mariana
Islands) 173.
10 (Puerto Rico and U.S. Virgin Islands) 50 (Puerto Rico and U.S. Virgin
Islands) 174.
11 (American Samoa) 51 (American Samoa) 175.
12 (Gulf of Mexico) 52 (Gulf of Mexico) 176.
(2) The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf
coast outward into the Gulf.
(b) 746–764 MHz and 776–794 MHz bands. WCS service areas for the 746–764 MHz
and 776–794 MHz bands are as follows.
(1) Service areas for Block A in the 746–747 and 776–777 MHz bands and Block
B in the 762–764 and 792–794 MHz bands are based on Major Economic Areas
(MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section.
(2) Service areas for Blocks C and D in the 747–762 MHz and 777–792 MHz
bands are based on Economic Area Groupings (EAGs) as defined by the Federal
Communications Commission. See 62 FR 15978 (April 3, 1997) extended with the
Gulf of Mexico. See also paragraphs (a)(1) and (a)(2) of this section and 62 FR 9636 (March 3, 1997), in which the Commission created an additional four
economic area-like areas for a total of 176. Maps of the EAGs and theFederal
RegisterNotice that established the 172 Economic Areas (EAs) are available
for public inspection and copying at the Reference Center, Room CY A–257,
445 12th St., S.W., Washington, DC 20554. These maps and data are also
available on the FCC website at www.fcc.gov/oet/info/maps/areas/.
(i) There are 6 EAGs, which are composed of multiple EAs as defined in the
table below:
Economic area groupings Name Economic areas
EAG001 Northeast 1–11, 54
EAG002 Mid-Atlantic 12–26, 41, 42, 44–53, 70
EAG003 Southeast 27–40, 43, 69, 71–86, 88–90, 95, 96, 174, 176(part)
EAG004 Great Lakes 55–68, 97, 100–109
EAG005 Central/Mountain 87, 91–94, 98, 99, 110–146, 148, 149, 152, 154–159,
176(part)
EAG006 Pacific 147, 150, 151, 153, 160–173, 175
Note 1 to paragraph(b)(2)(i): Economic Area Groupings are defined by the
Federal Communications Commission; see 62 FR 15978 (April 3, 1997) extended
with the Gulf of Mexico.
Note 2 to paragraph(b)(2)(i): Economic Areas are defined by the Regional
Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of
Commerce February 1995 and extended by the Federal Communications
Commission, see 62 FR 9636 (March 3, 1997).
(ii) For purposes of paragraph (b)(2)(i) of this section, EA 176 (the Gulf
of Mexico) will be divided between EAG003 (the Southeast EAG) and EAG005
(the Central/Mountain EAG) in accordance with the configuration of the
Eastern/ Central and Western Planning Area established by the Mineral
Management Services Bureau of the Department of the Interior (MMS). That
portion of EA 176 contained in the Eastern and Central Planning Areas as
defined by MMS will be included in EAG003; that portion of EA 176 contained
in the Western Planning Area as defined by MMS will be included in EAG005.
Maps of these areas may be found on the following MMS website:
www.gomr.mms.gov/homepg/offshore/offshore.html.
(c) 698–746 MHz band. WCS service areas for the 698–746 MHz band are as
follows.
(1) Service areas for Blocks A, B, D, and E in the 698–746 MHz band are
based on Economic Area Groupings (EAGs) as defined in paragraph (b)(2) of
this section.
(2) Service areas for Block C in the 698–746 MHz band are based on cellular
markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service
Areas (RSAs) as defined by 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), with the
following modifications:
(i) The service areas of cellular markets that border the U.S. coastline of
the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline.
(ii) The service area of cellular market 306 that comprises the water area
of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast
outward into the Gulf.
(d) 1390–1392 MHz band. Service areas for the 1390–1392 MHz band is based on
Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of
this section.
(e) The paired 1392–1395 and 1432–1435 MHz bands. Service areas for the
paired 1392–1395 and 1432–1435 MHz bands are as follows. Service areas for
Block A in the 1392–1393.5 MHz and 1432–1433.5 MHz bands and Block B in the
1393.5–1395 MHz and 1433.5–1435 MHz bands are based on Economic Area
Groupings (EAGs) as defined in paragraph (b)(2) of this section.
(f) 1670–1675 MHz band. Service areas for the 1670–1675 MHz band are
available on a nationwide basis.
(g) [Reserved]
(h) 1710–1755 and 2110–2155 MHz bands. AWS service areas for the 1710–1755
MHz and 2110–2155 MHz bands are as follows:
(1) Service areas for Block A (1710–1720 MHz and 2110–2120 MHz) are based on
cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural
Service Areas (RSAs) as defined by 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), with the
following modifications:
(i) The service areas of cellular markets that border the U.S. coastline of
the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline.
(ii) The service area of cellular market 306 that comprises the water area
of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast
outward into the Gulf.
(2) Service areas for Blocks B (1720–1730 MHz and 2120–2130 MHz) and C
(1730–1735 MHz and 2130–2135 MHz) are based on Economic Areas (EAs) as
defined in paragraph (a) of this section.
(3) Service areas for blocks D (1735–1740 MHz and 2135–2140 MHz), E
(1740–1745 MHz and 2140–2145 MHz) and F (1745–1755 MHz and 2145–2155 MHz)
are based on Regional Economic Area Groupings (REAGs) as defined by
paragraph (a) of this section.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 64 FR 60726 , Nov. 8, 1999; 65 FR 3145 , Jan. 20, 2000; 65 FR 17602 , Apr. 4, 2000; 65 FR 60113 , Oct. 10, 2000;
67 FR 13225 , Mar. 21, 2002; 67 FR 5510 , Feb. 6, 2002; 67 FR 41854 , June 20,
2002; 69 FR 5714 , Feb. 6, 2004; 69 FR 77950 , Dec. 29, 2004; 70 FR 58065 ,
Oct. 5, 2005]
Subpart B—Applications and Licenses
top
§ 27.10 Regulatory status.
top
The following rules apply concerning the regulatory status in the frequency
bands specified in §27.5.
(a) Single authorization. Authorization will be granted to provide any or a
combination of the following services in a single license: common carrier,
non-common carrier, private internal communications, and broadcast services.
A licensee may render any kind of communications service consistent with the
regulatory status in its license and with the Commission's rules applicable
to that service. An applicant or licensee may submit a petition at any time
requesting clarification of the regulatory status for which authorization is
required to provide a specific communications service.
(b) Designation of regulatory status in initial application. An applicant
shall specify in its initial application if it is requesting authorization
to provide common carrier, non-common carrier, private internal
communications, or broadcast services, or a combination thereof.
(c) Amendment of pending applications. The following rules apply to
amendments of a pending application.
(1) Any pending application may be amended to:
(i) Change the carrier regulatory status requested, or
(ii) Add to the pending request in order to obtain common carrier,
non-common carrier, private internal communications, or broadcast services
status, or a combination thereof, in a single license.
(2) Amendments to change, or add to, the carrier regulatory status in a
pending application are minor amendments filed under §1.927 of this chapter.
(d) Modification of license. The following rules apply to amendments of a
license.
(1) A licensee may modify a license to:
(i) Change the regulatory status authorized, or
(ii) Add to the status authorized in order to obtain a combination of
services of different regulatory status in a single license.
(2) Applications to change, or add to, the carrier status in a license are
modifications not requiring prior Commission authorization. The licensee
must notify the Commission within 30 days of the change. If the change
results in the discontinuance, reduction, or impairment of an existing
service, the licensee is subject to the provisions of §27.66.
[ 65 FR 3146 , Jan. 20, 2000, as amended at 65 FR 17602 , Apr. 4, 2000; 67 FR 5510 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002; 68 FR 66286 , Nov. 25, 2003;
72 FR 27709 , May 16, 2007]
§ 27.11 Initial authorization.
top
Link to an amendment published at 72 FR 48845 , Aug. 24, 2007.
(a) An applicant must file a single application for an initial authorization
for all markets won and frequency blocks desired. Initial authorizations
shall be granted in accordance with §27.5. Applications for individual sites
are not required and will not be accepted, except where required for
environmental assessments, in accordance with §§1.1301 through 1.1319 of
this chapter.
(b) 2305–2320 MHz and 2345–2360 MHz bands. Initial authorizations for the
2305–2320 MHz and 2345–2360 MHz bands shall be for 10 megahertz of spectrum
in accordance with §27.5(a).
(1) Authorizations for Blocks A and B will be based on Major Economic Areas
(MEAs), as specified in §27.6(a)(1).
(2) Authorizations for Blocks C and D will be based on Regional Economic
Area Groupings (REAGs), as specified in §27.6(a)(2).
(c) 746–764 MHz and 776–794 MHz bands. Initial authorizations for the
746–764 MHz and 776–794 MHz blocks shall be for 1, 2, 5, or 10 megahertz of
spectrum in accordance with §27.5(b).
(1) Authorizations for Block A, consisting of two paired channels of 1
megahertz each, will be based on those geographic areas specified in
§27.6(b)(1).
(2) Authorizations for Block B, consisting of two paired channels of 2
megahertz each, will be based on those geographic areas specified in
§27.6(b)(1).
(3) Authorizations for Block C, consisting of two paired channels of 5
megahertz each, will be based on Economic Area Groupings (EAGs), as
specified in §27.6(b)(2).
(4) Authorizations for Block D, consisting of two paired channels of 10
megahertz each, will be based on EAGs, as specified in §27.6(b)(2).
(d) 698–746 MHz band. Initial authorizations for the 698–746 MHz band shall
be for 6 or 12 megahertz of spectrum in accordance with §27.5(c).
(1) Authorizations for Blocks A and B, consisting of two paired channels of
6 megahertz each, will be based on those geographic areas specified in
§27.6(c)(1).
(2) Authorizations for Block C, consisting of two paired channels of 6
megahertz each, will be based on those geographic areas specified in
§27.6(c)(2).
(3) Authorizations for Blocks D and E, consisting of an unpaired channel
block of 6 megahertz each, will be based on those geographic areas specified
in §27.6(c)(1).
(e) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band
shall be for 2 megahertz of spectrum in accordance with §27.5(d).
Authorizations will be based on Major Economic Areas (MEAs), as specified in
§27.6(d).
(f) The paired 1392–1395 MHz and 1432–1435 MHz bands. Initial authorizations
for the paired 1392–1395 MHz and 1432–1435 MHz bands shall be for 3
megahertz of paired spectrum in accordance with §27.5(e). Authorization for
Blocks A and B will be based on Economic Areas Groupings (EAGs), as
specified in §27.6(e).
(g) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band
shall be for 5 megahertz of spectrum in accordance with §27.5(f).
Authorizations will be on a nationwide basis.
(h) [Reserved]
(i) 1710–1755 MHz and 2110–2155 MHz bands. Initial authorizations for the
1710–1755 MHz and 2110–2155 MHz bands shall be for 5 or 10 megahertz of
spectrum in each band in accordance with §27.5(h) of this part.
(1) Authorizations for Block A, consisting of two paired channels of 10
megahertz each, will be based on those geographic areas specified in
§27.6(h)(1).
(2) Authorizations for Block B, consisting of two paired channels of 10
megahertz each, will be based on those geographic areas specified in
§27.6(h)(2).
(3) Authorizations for Block C, consisting of two paired channels of 5
megahertz each, will be based on those geographic areas specified in
§27.6(h)(2).
(4) Authorizations for Blocks D, consisting of two paired channels of 5
megahertz each, will be based on those geographic areas specified in
§27.6(h)(3).
(5) Authorizations for Blocks E, consisting of two paired channels of 5
megahertz each, will be based on those geographic areas specified in
§27.6(h)(3).
(6) Authorizations for Block F, consisting of two paired channels of 10
megahertz each, will be based on those geographic areas specified in
§27.6(h)(3).
[ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3146 , Jan. 20, 2000; 67 FR 5511 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002;
69 FR 5715 , Feb. 6, 2004; 69 FR 39867 , July 1, 2004; 69 FR 77950 , Dec. 29,
2004; 70 FR 58065 , Oct. 5, 2005]
§ 27.12 Eligibility.
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Except as provided in §§27.604, 27.1201, and 27.1202, 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.
[ 69 FR 72033 , Dec. 10, 2004]
§ 27.13 License period.
top
Link to an amendment published at 72 FR 48845 , Aug. 24, 2007.
(a) 2305–2320 MHz and 2345–2360 MHz bands. Initial WCS authorizations for
the 2305–2320 MHz and 2345–2360 MHz bands will have a term not to exceed ten
years from the date of original issuance or renewal.
(b) 698–764 MHz and 776–794 MHz bands . Initial authorizations for the
698–764 MHz, 747–762 MHz, and 777–792 MHz bands, will extend for a term not
to exceed ten years from February 17, 2009, except that initial
authorizations for a part 27 licensee that provides broadcast services,
whether exclusively or in combination with other services, will not exceed
eight years. Initial authorizations for the 746–747 MHz, 776–777 MHz,
762–764 MHz, and 792–794 MHz bands shall not exceed January 1, 2015.
Subsequent license terms shall be for a term not to exceed ten years.
Licensees that initiate the provision of a broadcast service, whether
exclusively or in combination with other services, may not provide this
service for more than eight years or beyond the end of the license term if
no broadcast service had been provided, whichever period is shorter in
length.
(c) 1390–1392 MHz band. Initial authorizations for the 1390–1392 MHz band
will have a term not to exceed ten years from the date of initial issuance
or renewal.
(d) The paired 1392–1395 and 1432–1435 MHz bands. Initial WCS authorizations
for the paired 1392–1395 MHz and 1432–1435 MHz bands will have a term not to
exceed ten years from the date of initial issuance or renewal.
(e) 1670–1675 MHz band. Initial authorizations for the 1670–1675 MHz band
will have a term not to exceed ten years from the date of initial issuance
or renewal.
(f) [Reserved]
(g) 1710–1755 MHz and 2110–2155 MHz bands. Authorizations for the 1710–1755
MHz and 2110–2155 MHz bands will have a term not to exceed ten years from
the date of initial issuance or renewal, except that authorizations issued
on or before December 31, 2009, shall have a term of fifteen years.
[ 65 FR 3146 , Jan. 20, 2000; 65 FR 12483 , Mar. 9, 2000, as amended at 65 FR 17602 , Apr. 4, 2000; 65 FR 57267 , Sept. 21, 2000; 67 FR 5511 , Feb. 6, 2002;
67 FR 41855 , June 20, 2002; 69 FR 5715 , Feb. 6, 2004; 69 FR 77950 , Dec. 29,
2004; 72 FR 27709 , May 16, 2007]
§ 27.14 Construction requirements; Criteria for renewal.
top
Link to an amendment published at 72 FR 48846 , Aug. 24, 2007.
(a) AWS and WCS licensees must make a showing of “substantial service” in
their license area within the prescribed license term set forth in §27.13.
“Substantial” service is defined as service which is sound, favorable, and
substantially above a level of mediocre service which just might minimally
warrant renewal. Failure by any licensee to meet this requirement will
result in forfeiture of the license and the licensee will be ineligible to
regain it.
(b) A renewal applicant involved in a comparative renewal proceeding shall
receive a preference, commonly referred to as a renewal expectancy, which is
the most important comparative factor to be considered in the proceeding, if
its past record for the relevant license period demonstrates that:
(1) The renewal applicant has provided “substantial” service during its past
license term; and
(2) The renewal applicant has substantially complied with applicable FCC
rules, policies and the Communications Act of 1934, as amended.
(c) In order to establish its right to a renewal expectancy, a WCS 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:
(1) A description of its current service in terms of geographic coverage and
population served;
(2) An explanation of its record of expansion, including a timetable of new
construction to meet changes in demand for service;
(3) A description of its investments in its WCS system; and
(4) 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.
(d) 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.
(e) Comparative renewal proceedings do not apply to WCS licensees holding
authorizations for the 698–746 MHz, 747–762 MHz, and 777–792 MHz bands.
These licensees must file a renewal application in accordance with the
provisions set forth in §1.949 of this chapter.
(f) BRS and EBS licensees must make a showing of “substantial service” no
later than May 1, 2011. Incumbent BRS licensees must file their “substantial
service” showing with their renewal application. “Substantial service” is
defined as service which is sound, favorable, and substantially above a
level of mediocre service which just might minimally warrant renewal.
Substantial service for BRS and EBS licensees is satisfied if a licensee
meets the requirements of paragraph (e)(1) or (e)(2) of this section. If a
licensee has not met the requirements of paragraph (e)(1) or (e)(2) of this
section, then demonstration of “substantial service” shall proceed on a
case-by-case basis. All substantial service determinations will be made on a
license-by-license basis. Except for BTA licenses, BRS licensees must file
their “substantial service” showing with their renewal applications. Failure
by any licensee to meet this requirement will result in forfeiture of the
license and the licensee will be ineligible to regain it.
(1) A BRS or EBS licensee has provided “substantial service” by:
(i) Constructing six permanent links per one million people for licensees
providing fixed point-to-point services;
(ii) Providing coverage of at least 30 percent of the population of the
licensed area for licensees providing mobile services or fixed
point-to-multipoint services;
(iii) Providing service to “rural areas” (a county (or equivalent) with a
population density of 100 persons per square mile or less, based upon the
most recently available Census data) and areas with limited access to
telecommunications services:
(A) For mobile service, where coverage is provided to at least 75% of the
geographic area of at least 30% of the rural areas within its service area;
or
(B) For fixed service, where the BRS or EBS licensee has constructed at
least one end of a permanent link in at least 30% of the rural areas within
its licensed area.
(iv) Providing specialized or technologically sophisticated service that
does not require a high level of coverage to benefit consumers; or
(v) Providing service to niche markets or areas outside the areas served by
other licensees.
(2) An EBS licensee has provided “substantial service” when:
(i) The EBS licensee is using its spectrum (or spectrum to which the EBS
licensee's educational services are shifted) to provide educational services
within the EBS licensee's GSA;
(ii) The EBS licensee's license is actually being used to serve the
educational mission of one or more accredited public or private schools,
colleges or universities providing formal educational and cultural
development to enrolled students; or
(iii) The level of service provided by the EBS licensee meets or exceeds the
minimum usage requirements specified in §27.1214.
(3) An EBS or BRS licensee may be deemed to provide substantial service
through a leasing arrangement if the lessee is providing substantial service
under paragraph (e)(1) of this section. The EBS licensee must also be
otherwise in compliance with this chapter (including the programming
requirements in §27.1203).
[ 62 FR 9658 , Mar. 3, 1997, as amended at 65 FR 3146 , Jan. 20, 2000; 69 FR 5715 , Feb. 6, 2004; 71 FR 35189 , June 19, 2006; 72 FR 27709 , May 16, 2007]
§ 27.15 Geographic partitioning and spectrum disaggregation.
top
Link to an amendment published at 72 FR 48848 , Aug. 24, 2007.
(a) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request from the Commission an authorization for
partial assignment of a license pursuant to §1.948.
(2) AWS and WCS licensees may apply to partition their licensed geographic
service area or disaggregate their licensed spectrum at any time following
the grant of their licenses.
(b) Technical Standards —(1) Partitioning. In the case of partitioning,
applicants and licensees must file FCC Form 603 pursuant to section 1.948
and list the partitioned service area on a schedule to the application. The
geographic coordinates must be specified in degrees, minutes, and seconds to
the nearest second of latitude and longitude and must be based upon the 1983
North American Datum (NAD83).
(2) Disaggregation. Spectrum may be disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will consider
requests for partial assignment of licenses that propose combinations of
partitioning and disaggregation.
(4) Signal levels. For purposes of partitioning and disaggregation, part 27
systems must be designed so as not to exceed the signal level specified for
the particular spectrum block in §27.55 at the licensee's service area
boundary, unless the affected adjacent service area licensees have agreed to
a different signal level.
(c) 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 §27.13.
(d) Compliance with construction requirements. The following rules apply for
purposes of implementing the construction requirements set forth in §27.14.
(1) Partitioning. Parties to partitioning agreements have two options for
satisfying the construction requirements set forth in §27.14. Under the
first option, the partitioner and partitionee each certifies that it will
independently satisfy the substantial service requirement for its respective
partitioned area. If a licensee subsequently fails to meet its substantial
service requirement, its license will be subject to automatic cancellation
without further Commission action. Under the second option, the partitioner
certifies that it has met or will meet the substantial service requirement
for the entire, pre-partitioned geographic service area. If the partitioner
subsequently fails to meet its substantial service requirement, only its
license will be subject to automatic cancellation without further Commission
action.
(2) Disaggregation. Parties to disaggregation agreements have two options
for satisfying the construction requirements set forth in §27.14. Under the
first option, the disaggregator and disaggregatee each certifies that it
will share responsibility for meeting the substantial service requirement
for the geographic service area. If the parties choose this option and
either party subsequently fails to satisfy its substantial service
responsibility, both parties' licenses will be subject to forfeiture without
further Commission action. Under the second option, both parties certify
either that the disaggregator or the disaggregatee will meet the substantial
service requirement for the geographic service area. If the parties choose
this option, and the party responsible subsequently fails to meet the
substantial service requirement, only that party's license will be subject
to forfeiture without further Commission action.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3146 , Jan. 20, 2000; 65 FR 57268 , Sept. 21, 2000; 67 FR 45373 , July 9, 2002;
69 FR 5715 , Feb. 6, 2004]
§ 27.16 xxx
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Link to an amendment published at 72 FR 48849 , Aug. 24, 2007.
Subpart C—Technical Standards
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§ 27.50 Power and antenna height limits.
top
Link to an amendment published at 72 FR 48849 , Aug. 24, 2007.
(a) The following power limits apply to the 2305–2320 MHz and 2345–2360 MHz
bands:
(1) Fixed, land, and radiolocation land stations transmitting are limited to
2000 watts peak equivalent isotropically radiated power (EIRP).
(2) Mobile and radiolocation mobile stations transmitting are limited to 20
watts EIRP peak power.
(b) The following power and antenna height limits apply to transmitters
operating in the 746–764 MHz and 776–794 MHz bands:
(1) Fixed and base stations transmitting a signal in the 746–747 and 762–764
MHz bands must not exceed an effective radiated power (ERP) of 1000 watts
and an antenna height of 305 m height above average terrain (HAAT), except
that antenna heights greater than 305 m HAAT are permitted if power levels
are reduced below 1000 watts ERP in accordance with Table 1 of this section;
(2) Fixed and base stations transmitting a signal in the 747–762 MHz and
777–792 MHz bands with an emission bandwidth of 1 MHz or less must not
exceed an ERP of 1000 watts and an antenna height of 305 m HAAT, except that
antenna heights greater than 305 m HAAT are permitted if power levels are
reduced below 1000 watts ERP in accordance with Table 1 of this section;
(3) Fixed and base stations located in a county with population density of
100 or fewer persons per square mile, based upon the most recently available
population statistics from the Bureau of the Census, and transmitting a
signal in the 747–762 MHz and 777–792 MHz bands with an emission bandwidth
of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height
of 305 m HAAT, except that antenna heights greater than 305 m HAAT are
permitted if power levels are reduced below 2000 watts ERP in accordance
with Table 2 of this section;
(4) Fixed and base stations transmitting a signal in the 747–762 MHz and
777–792 MHz bands with an emission bandwidth greater than 1 MHz must not
exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except
that antenna heights greater than 305 m HAAT are permitted if power levels
are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this
section;
(5) Fixed and base stations located in a county with population density of
100 or fewer persons per square mile, based upon the most recently available
population statistics from the Bureau of the Census, and transmitting a
signal in the 747–762 MHz and 777–792 MHz bands with an emission bandwidth
greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna
height of 305 m HAAT, except that antenna heights greater than 305 m HAAT
are permitted if power levels are reduced below 2000 watts/MHz ERP in
accordance with Table 4 of this section;
(6) Licensees of fixed or base stations transmitting a signal in the 747–762
or 777–792 MHz bands at an ERP greater than 1000 watts must comply with the
provisions set forth in paragraph (b)(8) of this section and §27.55(c);
(7) Licensees seeking to operate a fixed or base station located in a county
with population density of 100 or fewer persons per square mile, based upon
the most recently available population statistics from the Bureau of the
Census, and transmitting a signal in the 747–762 MHz or 777–792 MHz bands at
an ERP greater than 1000 watts must:
(i) Coordinate in advance with all licensees authorized to operate in the
698–764 MHz and 776–794 MHz bands within 120 kilometers (75 miles) of the
base or fixed station; and
(ii) Coordinate in advance with all regional planning committees, as
identified in §90.527 of this chapter, with jurisdiction within 120
kilometers (75 miles) of the base or fixed station;
(8) Licensees authorized to transmit in the 747–762 or 777–792 MHz bands and
intending to operate a base or fixed station at a power level permitted
under the provisions of paragraph (b)(6) of this section must provide
advanced notice of such operation to the Commission and to licensees
authorized in their area of operation. Licensees who must be notified are
all licensees authorized to operate in the 764–776 MHz and 794–806 MHz bands
under part 90 of this chapter within 75 km of the base or fixed station and
all regional planning committees, as identified in §90.527 of this chapter,
with jurisdiction within 75 km of the base or fixed station. Notifications
must provide the location and operating parameters of the base or fixed
station, including the station's ERP, antenna coordinates, antenna height
above ground, and vertical antenna pattern, and such notifications must be
provided at least 90 days prior to the commencement of station operation;
(9) Control stations and mobile stations transmitting in the 747–762 MHz
band and the 776–794 MHz band and fixed stations transmitting in the 776–777
MHz band and the 792–794 MHz band are limited to 30 watts ERP;
(10) Portable stations (hand-held devices) transmitting in the 747–762 MHz
band and the 776–794 MHz band are limited to 3 watts ERP;
(11) For transmissions in the 746–747 MHz, 762–764 MHz, 776–777 MHz, and
792–794 MHz bands, maximum composite transmit power shall be measured over
any interval of continuous transmission using instrumentation calibrated in
terms of RMS-equivalent voltage. The measurement results shall be properly
adjusted for any instrument limitations, such as detector response times,
limited resolution bandwidth capability when compared to the emission
bandwidth, etc., so as to obtain a true maximum composite measurement for
the emission in question over the full bandwidth of the channel; and
(12) For transmissions in the 747–762 MHz and 777–792 MHz bands, licensees
may employ equipment operating in compliance with either the measurement
techniques described in paragraph (b)(11) of this section or a
Commission-approved average power technique. In both instances, equipment
employed must be authorized in accordance with the provisions of §27.51.
(c) The following power and antenna height requirements apply to stations
transmitting in the 698–746 MHz band:
(1) Fixed and base stations transmitting a signal with an emission bandwidth
of 1 MHz or less must not exceed an effective radiated power (ERP) of 1000
watts and an antenna height of 305 m height above average terrain (HAAT),
except that antenna heights greater than 305 m HAAT are permitted if power
levels are reduced below 1000 watts ERP in accordance with Table 1 of this
section;
(2) Fixed and base stations located in a county with population density of
100 or fewer persons per square mile, based upon the most recently available
population statistics from the Bureau of the Census, and transmitting a
signal with an emission bandwidth of 1 MHz or less must not exceed an ERP of
2000 watts and an antenna height of 305 m HAAT, except that antenna heights
greater than 305 m HAAT are permitted if power levels are reduced below 2000
watts ERP in accordance with Table 2 of this section;
(3) Fixed and base stations transmitting a signal with an emission bandwidth
greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna
height of 305 m HAAT, except that antenna heights greater than 305 m HAAT
are permitted if power levels are reduced below 1000 watts/MHz ERP in
accordance with Table 3 of this section;
(4) Fixed and base stations located in a county with population density of
100 or fewer persons per square mile, based upon the most recently available
population statistics from the Bureau of the Census, and transmitting a
signal with an emission bandwidth greater than 1 MHz must not exceed an ERP
of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna
heights greater than 305 m HAAT are permitted if power levels are reduced
below 2000 watts/MHz ERP in accordance with Table 4 of this section;
(5) Licensees seeking to operate a fixed or base station located in a county
with population density of 100 or fewer persons per square mile, based upon
the most recently available population statistics from the Bureau of the
Census, and transmitting a signal at an ERP greater than 1000 watts must:
(i) Coordinate in advance with all licensees authorized to operate in the
698–764 MHz and 776–794 MHz bands within 120 kilometers (75 miles) of the
base or fixed station;
(ii) Coordinate in advance with all regional planning committees, as
identified in §90.527 of this chapter, with jurisdiction within 120
kilometers (75 miles) of the base or fixed station;
(6) Licensees of fixed or base stations transmitting a signal at an ERP
greater than 1000 watts and greater than 1000 watts/MHz must comply with the
provisions of paragraph (c)(8) of this section and §27.55(b), except that
licensees of fixed or base stations located in a county with population
density of 100 or fewer persons per square mile, based upon the most
recently available population statistics from the Bureau of the Census, must
comply with the provisions of paragraph (c)(8) of this section and §27.55(b)
only if transmitting a signal at an ERP greater than 2000 watts and greater
than 2000 watts/MHz;
(7) A licensee authorized to operate in the 710–716, 716–722, or 740–746 MHz
bands, or in any unpaired spectrum blocks within the 698–746 MHz band, may
operate a fixed or base station at an ERP up to a total of 50 kW within its
authorized, 6 MHz spectrum block if the licensee complies with the
provisions of §27.55(b). The antenna height for such stations is limited
only to the extent required to satisfy the requirements of §27.55(b);
(8) Licensees intending to operate a base or fixed station at a power level
permitted under the provisions of paragraph (c)(6) of this section must
provide advanced notice of such operation to the Commission and to licensees
authorized in their area of operation. Licensees who must be notified are
all licensees authorized under this part to operate on an adjacent spectrum
block within 75 km of the base or fixed station. Notifications must provide
the location and operating parameters of the base or fixed station,
including the station's ERP, antenna coordinates, antenna height above
ground, and vertical antenna pattern, and such notifications must be
provided at least 90 days prior to the commencement of station operation;
(9) Control and mobile stations are limited to 30 watts ERP;
(10) Portable stations (hand-held devices) are limited to 3 watts ERP; and
(11) Licensees may employ equipment operating in compliance with either the
measurement techniques described in paragraph (b)(11) of this section or a
Commission-approved average power technique. In both instances, equipment
employed must be authorized in accordance with the provisions of §27.51.
(d) The following power and antenna height requirements apply to stations
transmitting in the 1710–1755 MHz and 2110–2155 MHz bands:
(1) The power of each fixed or base station transmitting in the 2110–2155
MHz band and located in any county with population density of 100 or fewer
persons per square mile, based upon the most recently available population
statistics from the Bureau of the Census, is limited to a peak equivalent
isotropically radiated power (EIRP) of 3280 watts. The power of each fixed
or base station transmitting in the 2110–2155 MHz band from any other
location is limited to a peak EIRP of 1640 watts. A licensee operating a
base or fixed station utilizing a power of more than 1640 watts EIRP must
coordinate such operations in advance with all Government and non-Government
satellite entities in the 2025–2110 MHz band. Operations above 1640 watts
EIRP must also be coordinated in advance with the following licensees within
120 kilometers (75 miles) of the base or fixed station: all Broadband Radio
Service (BRS) licensees authorized under part 27 in the 2155–2160 MHz band
and all AWS licensees in the 2110–2155 MHz band.
(2) Fixed, mobile, and portable (hand-held) stations operating in the
1710–1755 MHz band are limited to a peak EIRP of 1 watt. Fixed stations
operating in this band are limited to a maximum antenna height of 10 meters
above ground, and mobile and portable stations must employ a means for
limiting power to the minimum necessary for successful communications.
(e) The following power limits apply to the paired 1392–1395 MHz and
1432–1435 MHz bands as well as the unpaired 1390–1392 MHz band (1.4 GHz
band):
(1) Fixed stations transmitting in the 1390–1392 MHz and 1432–1435 MHz bands
are limited to 2000 watts EIRP peak power. Fixed stations transmitting in
the 1392–1395 MHz band are limited to 100 watts EIRP peak power.
(2) Mobile stations transmitting in the 1390–1392 MHz and 1432–1435 MHz
bands are limited to 4 watts EIRP peak power. Mobile stations transmitting
in the1392–1395 MHz band are limited to 1 watt EIRP peak power.
(f) The following power limits apply to the 1670–1675 MHz band:
(1) Fixed and base stations are limited to 2000 watts EIRP peak power.
(2) Mobile stations are limited to 4 watts EIRP peak power.
(g) [Reserved]
(h) The following power limits shall apply in the BRS and EBS:
(1) Main, booster and base stations. (i) The maximum EIRP of a main, booster
or base station shall not exceed 33 dBW + 10log(X/Y) dBW, where X is the
actual channel width in MHz and Y is either 6 MHz if prior to transition or
the station is in the MBS following transition or 5.5 MHz if the station is
in the LBS and UBS following transition, except as provided in paragraph
(h)(1)(ii) of this section.
(ii) If a main or booster station sectorizes or otherwise uses one or more
transmitting antennas with a non-omnidirectional horizontal plane radiation
pattern, the maximum EIRP in dBW in a given direction shall be determined by
the following formula: EIRP = 33 dBW + 10 log(X/Y) dBW + 10
log(360/beamwidth) dBW, where X is the actual channel width in MHz, Y is
either (i) 6 MHz if prior to transition or the station is in the MBS
following transition or (ii) 5.5 MHz if the station is in the LBS and UBS
following transition, and beamwidth is the total horizontal plane beamwidth
of the individual transmitting antenna for the station or any sector
measured at the half-power points.
(2) Mobile and other user stations. Mobile stations are limited to 2.0 watts
EIRP. All user stations are limited to 2.0 watts transmitter output power.
(3) For television transmission, the peak power of the accompanying aural
signal must not exceed 10 percent of the peak visual power of the
transmitter. The Commission may order a reduction in aural signal power to
diminish the potential for harmful interference.
(4) For main, booster and response stations utilizing digital emissions with
non-uniform power spectral density ( e.g. unfiltered QPSK), the power
measured within any 100 kHz resolution bandwidth within the 6 MHz channel
occupied by the non-uniform emission cannot exceed the power permitted
within any 100 kHz resolution bandwidth within the 6 MHz channel if it were
occupied by an emission with uniform power spectral density, i.e. , if the
maximum permissible power of a station utilizing a perfectly uniform power
spectral density across a 6 MHz channel were 2000 watts EIRP, this would
result in a maximum permissible power flux density for the station of
2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission
were substituted at the station, station power would still be limited to a
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz channel,
irrespective of the fact that this would result in a total 6 MHz channel
power of less than 2000 watts EIRP.
(i) Peak transmit power shall be measured over any interval of continuous
transmission using instrumentation calibrated in terms of rms-equivalent
voltage. The measurement results shall be properly adjusted for any
instrument limitations, such as detector response times, limited resolution
bandwidth capability when compared to the emission bandwidth, etc., so as to
obtain a true peak measurement for the emission in question over the full
bandwidth of the channel.
Table 1—Permissible Power and Antenna Heights for Base and Fixed Stations in
the 746–747 MHz and 762–764 MHz Bands and for Base and Fixed Stations in the
698–746 MHz, 747–762 MHz, and 777–792 MHz Bands Transmitting a Signal With
an Emission Bandwidth of 1 MHz or Less
Antenna height (AAT) in meters
(feet) Effective radiated power (ERP)
(watts)
Above 1372 (4500) 65
Above 1220 (4000) To 1372 (4500) 70
Above 1067 (3500) To 1220 (4000) 75
Above 915 (3000) To 1067 (3500) 100
Above 763 (2500) To 915 (3000) 140
Above 610 (2000) To 763 (2500) 200
Above 458 (1500) To 610 (2000) 350
Above 305 (1000) To 458 (1500) 600
Up to 305 (1000) 1000
Table 2—Permissible Power and Antenna Heights for Base and Fixed Stations in
the 698–746 MHz, 747–762 MHz, and 777–792 MHz Bands Transmitting a Signal
With an Emission Bandwidth of 1 MHz or Less
Antenna height (AAT) in meters
(feet) Effective radiated power (ERP)
(watts)
Above 1372 (4500) 130
Above 1220 (4000) To 1372 (4500) 140
Above 1067 (3500) To 1220 (4000) 150
Above 915 (3000) To 1067 (3500) 200
Above 763 (2500) To 915 (3000) 280
Above 610 (2000) To 763 (2500) 400
Above 458 (1500) To 610 (2000) 700
Above 305 (1000) To 458 (1500) 1200
Up to 305 (1000) 2000
Table 3—Permissible Power and Antenna Heights for Base and Fixed Stations in
the 698–746 MHz, 747–762 MHz and 777–792 MHz Bands Transmitting a Signal
With an Emission Bandwidth Greater Than 1 MHz
Antenna height (AAT) in meters
(feet) Effective radiated power (ERP) per MHz
(watts/MHz)
Above 1372 (4500) 65
Above 1220 (4000) To 1372 (4500) 70
Above 1067 (3500) To 1220 (4000) 75
Above 915 (3000) To 1067 (3500) 100
Above 763 (2500) To 915 (3000) 140
Above 610 (2000) To 763 (2500) 200
Above 458 (1500) To 610 (2000) 350
Above 305 (1000) To 458 (1500) 600
Up to 305 (1000) 1000
Table 4—Permissible Power and Antenna Heights for Base and Fixed Stations in
the 698–746 MHz, 747–762 MHz and 777–792 MHz Bands Transmitting a Signal
With an Emission Bandwidth Greater Than 1 MHz
Antenna height (AAT) in meters
(feet) Effective radiated power (ERP) per MHz
(watts/MHz)
Above 1372 (4500) 130
Above 1220 (4000) To 1372 (4500) 140
Above 1067 (3500) To 1220 (4000) 150
Above 915 (3000) To 1067 (3500) 200
Above 763 (2500) To 915 (3000) 280
Above 610 (2000) To 763 (2500) 400
Above 458 (1500) To 610 (2000) 700
Above 305 (1000) To 458 (1500) 1200
Up to 305 (1000) 2000
[ 62 FR 16497 , Apr. 7, 1997, as amended at 65 FR 3147 , Jan. 20, 2000; 65 FR 17602 , Apr. 4, 2000; 65 FR 42882 , July 12, 2000; 65 FR 57267 , Sept. 21,
2000; 67 FR 5511 , Feb. 6, 2002; 67 FR 41855 , June 20, 2002; 69 FR 5715 , Feb.
6, 2004; 69 FR 72033 , Dec. 10, 2004; 69 FR 75172 , Dec. 15, 2004; 69 FR 77950 , Dec. 29, 2004; 70 FR 1190 , Jan. 6, 2005; 70 FR 58065 , Oct. 5, 2005;
72 FR 27709 ]
Effective Date Note: At 72 FR 27709 , May 15, 2007, §27.50 was amended, in
part, by revising paragraph (c). Paragraphs (c) (5) and (8) contain
information collection and recordkeeping requirements and will not become
effective until approval has been given by the Office of Management and
Budget.
§ 27.51 Equipment authorization.
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(a) Each transmitter utilized for operation under this part must be of a
type that has been authorized by the Commission under its certification
procedure.
(b) Any manufacturer of radio transmitting equipment to be used in these
services may request equipment authorization following the procedures set
forth in subpart J of part 2 of this chapter. Equipment authorization for an
individual transmitter may be requested by an applicant for a station
authorization by following the procedures set forth in part 2 of this
chapter.
[ 65 FR 3147 , Jan. 20, 2000]
§ 27.52 RF safety.
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Licensees and manufacturers are subject to the radio frequency radiation
exposure requirements specified in sections 1.1307(b), 2.1091, and 2.1093 of
this chapter, as appropriate. Applications for equipment authorization of
mobile or portable devices operating under this section must contain a
statement confirming compliance with these requirements for both fundamental
emissions and unwanted emissions. Technical information showing the basis
for this statement must be submitted to the Commission upon request.
§ 27.53 Emission limits.
top
Link to an amendment published at 72 FR 48851 , Aug. 24, 2007.
(a) For operations in the bands 2305–2320 MHz and 2345–2360 MHz, the power
of any emission outside the licensee's frequency band(s) of operation shall
be attenuated below the transmitter power (P) within the licensed band(s) of
operation, measured in watts, by the following amounts:
(1) For fixed, land, and radiolocation land stations: By a factor not less
than 80 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz;
(2) For mobile and radiolocation mobile stations: By a factor not less than
110 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz;
(3) For fixed, land, mobile, radiolocation land and radiolocation mobile
stations: By a factor not less than 70 + 10 log (p) dB on all frequencies
below 2300 MHz and on all frequencies above 2370 MHz; and not less than 43 +
10 log (p) dB on all frequencies between 2300 and 2320 MHz and on all
frequencies between 2345 and 2370 MHz that are outside the licensed bands of
operation;
(4) Compliance with these provisions is based on the use of measurement
instrumentation employing a resolution bandwidth of 1 MHz or less, but at
least one percent of the emission bandwidth of the fundamental emission of
the transmitter, provided the measured energy is integrated over a 1 MHz
bandwidth;
(5) In complying with the requirements in §27.53(a)(1) and §27.53(a)(2), WCS
equipment that uses opposite sense circular polarization from that used by
Satellite DARS systems in the 2320–2345 MHz band shall be permitted an
allowance of 10 dB;
(6) When measuring the emission limits, the nominal carrier frequency shall
be adjusted as close to the edges, both upper and lower, of the licensee's
bands of operation as the design permits;
(7) The measurements of emission power can be expressed in peak or average
values, provided they are expressed in the same parameters as the
transmitter power;
(8) Waiver requests of any of the out-of-band emission limits in paragraphs
(a)(1) through (a)(7) of this section shall be entertained only if
interference protection equivalent to that afforded by the limits is shown;
(9) In the 2305–2315 MHz band, if portable devices comply with all of the
following requirements, then paragraph (a)(2) of this section shall not
apply to portable devices, which instead shall attenuate all emissions into
the 2320–2345 MHz band by a factor of not less than 93 + 10 log (p) dB:
(i) The portable device has a duty cycle of 12.5% or less, with at most a
312.5 microsecond pulse every 2.5 milliseconds;
(ii) The portable device must employ time division multiple access (TDMA)
technology;
(iii) The nominal peak transmit output power of the portable device is no
more than 200 milliwatts (25 milliwatts average power);
(iv) The portable device operates with the minimum power necessary for
successful communications;
(v) The nominal average base station transmit output power is no more than
800 milliwatts when the base station antennas is located at a height of at
least 8 meters (26.25 feet) above the ground;
(vi) Only fixed and portable devices and services may be provided:
vehicle-mounted units are not permitted; and
(vii) Transmitting antennas shall employ linear polarization or another
polarization that provides equivalent of better discrimination with respect
to a DARS antenna;
(10) The out-of-band emissions limits in paragraphs (a)(1) through (a)(9) of
this section may be modified by the private contractual agreement of all
affected licensees, who shall maintain a copy of the agreement in their
station files and disclose it to prospective assignees or transferees and,
upon request, to the Commission.
(b) For WCS Satellite DARS operations: The limits set forth in §25.202(f) of
this chapter shall apply, except that Satellite DARS operations shall be
limited to a maximum power flux density of −197 dBW/m^2 /4 kHz in the
2370–2390 MHz band at Arecibo, Puerto Rico.
(c) For operations in the 747 to 762 MHz band and the 777 to 792 MHz band,
the power of any emission outside the licensee's frequency band(s) of
operation shall be attenuated below the transmitter power (P) within the
licensed band(s) of operation, measured in watts, in accordance with the
following:
(1) On any frequency outside the 747 to 762 MHz band, the power of any
emission shall be attenuated outside the band below the transmitter power
(P) by at least 43 + 10 log (P) dB;
(2) On any frequency outside the 777 to 792 MHz band, the power of any
emission shall be attenuated outside the band below the transmitter power
(P) by at least 43 + 10 log (P) dB;
(3) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by a
factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base
and fixed stations;
(4) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by a
factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for
mobile and portable stations;
(5) Compliance with the provisions of paragraphs (c)(1) and (c)(2) of this
section is based on the use of measurement instrumentation employing a
resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands
immediately outside and adjacent to the frequency block, a resolution
bandwidth of at least 30 kHz may be employed;
(6) Compliance with the provisions of paragraphs (c)(3) and (c)(4) of this
section is based on the use of measurement instrumentation such that the
reading taken with any resolution bandwidth setting should be adjusted to
indicate spectral energy in a 6.25 kHz segment.
(d) For operations in the 746–747 MHz, 762–764 MHz, 776–777 MHz, and 792–794
MHz bands, transmitters must meet the following emission limitations:
(1) The adjacent channel power (ACP) requirements for transmitters designed
for various channel sizes are shown in the following tables. Mobile station
requirements apply to handheld, car mounted and control station units. The
tables specify a value for the ACP as a function of the displacement from
the channel center frequency and measurement bandwidth. In the following
tables, “(s)” indicates a swept measurement may be used.
6.25 kHz Mobile Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
6.25 6.25 −40
12.5 6.25 −60
18.75 6.25 −60
25.00 6.25 −65
37.50 25.00 −65
62.50 25.00 −65
87.50 25.00 −65
150.00 100.00 −65
250.00 100.00 −65
350.00 100.00 −65
>400 kHz to 12 MHz 30(s) −75
12 MHz to paired receive band 30(s) −75
In the paired receive band 30(s) −100
12.5 kHz Mobile Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
9.375 6.25 −40
15.625 6.25 −60
21.875 6.25 −60
37.50 25.00 −60
62.50 25.00 −65
87.50 25.00 −65
150.00 100 −65
250.00 100 −65
350.00 100 −65
>400 to 12 MHz 30(s) −75
12 MHz to paired receive band 30(s) −75
In the paired receive band 30(s) −100
25 kHz Mobile Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
15.625 6.25 −40
21.875 6.25 −60
37.50 25 −60
62.50 25 −65
87.50 25 −65
150.00 100 −65
250.00 100 −65
350.00 100 −65
>400 kHz to 12 MHz 30(s) −75
12 MHz to paired receive band 30(s) −75
In the paired receive band 30(s) −100
150 kHz Mobile Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP relative (dBc)
100 50 −40
200 50 −50
300 50 −50
400 50 −50
600–1000 30(s) −60
1000 to receive band 30(s) −70
In the receive band 30(s) −100
6.25 kHz Base Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
6.25 6.25 −40
12.50 6.25 −60
18.75 6.25 −60
25.00 6.25 −65
37.50 25 −65
62.50 25 −65
87.50 25 −65
150.00 100 −65
250.00 100 −65
350.00 100 −65
>400 kHz to 12 MHz 30(s) −80
12 MHz to paired receive band 30(s) −80
In the paired receive band 30(s) −100
12.5 kHz Base Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
9.375 6.25 −40
15.625 6.25 −60
21.875 6.25 −60
37.5 25 −60
62.5 25 −65
87.5 25 −65
150 100 −65
250 100 −65
350.00 100 −65
>400 kHz to 12 MHz 30(s) −80
12 MHz to paired receive band 30(s) −80
In the paired receive band 30(s) −100
25 kHz Base Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
15.625 6.25 −40
21.875 6.25 −60
37.5 25 −60
62.5 25 −65
87.5 25 −65
150 100 −65
250 100 −65
350 100.00 −65
>400 kHz to 12 MHz 30(s) −80
12 MHz to paired receive band 30(s) −80
In the paired receive band 30(s) −100
150 kHz Base Transmitter ACP Requirements
Offset from center
frequency
(kHz) Measurement bandwidth
(kHz) Maximum ACP
(dBc)
100 50 −40
200 50 −50
300 50 −55
400 50 −60
600–1000 30(s) −65
1000 to receive band 30(s) −75 (continues at −6dB/oct
In the receive band 30(s) −100
(2) ACP measurement procedure. The following procedures are to be followed
for making ACP transmitter measurements. For time division multiple access
(TDMA) systems, the measurements are to be made under TDMA operation only
during time slots when the transmitter is on. All measurements must be made
at the input to the transmitter's antenna. Measurement bandwidth used below
implies an instrument that measures the power in many narrow bandwidths (
e.g., 300 Hz) and integrates these powers across a larger band to determine
power in the measurement bandwidth.
(i) Setting reference level. Using a spectrum analyzer capable of ACP
measurements, set the measurement bandwidth to the channel size. For
example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25
kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz.
Set the frequency offset of the measurement bandwidth to zero and adjust the
center frequency of the spectrum analyzer to give the power level in the
measurement bandwidth. Record this power level in dBm as the “reference
power level”.
(ii) Non-swept power measurement. Using a spectrum analyzer capable of ACP
measurements, set the measurement bandwidth as shown in the tables above.
Measure the ACP in dBm. These measurements should be made at maximum power.
Calculate the coupled power by subtracting the measurements made in this
step from the reference power measured in the previous step. The absolute
ACP values must be less than the values given in the table for each
condition above.
(iii) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution
bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep ±MHz from
the carrier frequency. Set the reference level to the RMS value of the
transmitter power and note the absolute power. The response at frequencies
greater than 600 kHz must be less than the values in the tables above.
(3) Out-of-band emission limit. On any frequency outside of the frequency
ranges covered by the ACP tables in this section, the power of any emission
must be reduced below the unmodulated carrier power (P) by at least 43 + 10
log (P) dB.
(4) Authorized bandwidth. Provided that the ACP requirements of this section
are met, applicants may request any authorized bandwidth that does not
exceed the channel size.
(e) For operations in the 746–764 MHz and 776–794 MHz bands, emissions in
the band 1559–1610 MHz shall be limited to −70 dBW/MHz equivalent
isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP
for discrete emissions of less than 700 Hz bandwidth. For the purpose of
equipment authorization, a transmitter shall be tested with an antenna that
is representative of the type that will be used with the equipment in normal
operation.
(f) For operations in the 698–746 MHz band, the power of any emission
outside a licensee's frequency band(s) of operation shall be attenuated
below the transmitter power (P) within the licensed band(s) of operation,
measured in watts, by at least 43 + 10 log (P) dB. Compliance with this
provision is based on the use of measurement instrumentation employing a
resolution bandwidth of 100 kilohertz or greater. However, in the 100
kilohertz bands immediately outside and adjacent to a licensee's frequency
block, a resolution bandwidth of at least 30 kHz may be employed.
(g) For operations in the 1710–1755 MHz and 2110–2155 MHz bands, the power
of any emission outside a licensee's frequency block shall be attenuated
below the transmitter power (P) by at least 43 + 10 log[10](P) dB.
(1) Compliance with this provision is based on the use of measurement
instrumentation employing a resolution bandwidth of 1 megahertz or greater.
However, in the 1 megahertz bands immediately outside and adjacent to the
licensee's frequency block, a resolution bandwidth of at least one percent
of the emission bandwidth of the fundamental emission of the transmitter may
be employed. 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.
(2) When measuring the emission limits, the nominal carrier frequency shall
be adjusted as close to the licensee's frequency block edges, both upper and
lower, as the design permits.
(3) The measurements of emission power can be expressed in peak or average
values, provided they are expressed in the same parameters as the
transmitter power.
(h) When an emission outside of the authorized bandwidth causes harmful
interference, the Commission may, at its discretion, require greater
attenuation than specified in this section.
(i) For operations in the unpaired 1390–1392 MHz band and the paired
1392–1395 MHz and 1432–1435 MHz bands, the power of any emission outside the
licensee's frequency band(s) of operation shall be attenuated below the
transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these
provisions is based on the procedures described in paragraph (a)(4) of this
section.
(j) For operations in the 1670–1675 MHz band, the power of any emission
outside the licensee's frequency band(s) of operation shall be attenuated
below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance
with these provisions is based on the procedures described in paragraph
(a)(4) of this section.
(k) [Reserved]
(l) For BRS and EBS stations, the power of any emissions outside the
licensee's frequency bands of operation shall be attenuated below the
transmitter power (P) measured in watts. BRS and EBS stations that are not
in compliance with the standards below, after receiving a documented
interference complaint from an adjacent channel licensee, have 60 days to
coordinate with the affected licensee and meet a mutual resolution before
both parties employ a more rigorous emission mask.
(1) Prior to the transition, and thereafter, solely within the MBS, for
analog operations with an EIRP in excess of −9 dBW, the signal shall be
attenuated at the channel edges by at least 38 dB relative to the peak
visual carrier, then linearly sloping from that level to at least 60 dB of
attenuation at 1 MHz below the lower band edge and 0.5 MHz above the upper
band edge, and attenuated at least 60 dB at all other frequencies.
(2) For fixed and temporary fixed digital stations, the attenuation shall be
not less than 43 + 10 log (P) dB, unless a documented interference complaint
is received from an adjacent channel licensee. Provided that the complaint
cannot be mutually resolved between the parties, both licensees of existing
and new systems shall reduce their out-of-band emissions by at least 67 + 10
log (P) dB measured at 3 MHz from their channel's edges for distances
between stations exceeding 1.5 km. For stations separated by less than 1.5
km, the new licensee shall reduce attenuation at least 67 + 10 log (P) − 20
log(D[km]/1.5), or when colocated, limit the undesired signal level at the
affected licensee's base station receiver(s) at the colocation site to no
more than −107 dBm. Mobile Service Satellite licensees operating on
frequencies below 2495 MHz may also submit a documented interference
complaint against BRS licensees operating on channel BRS1 on the same terms
and conditions as adjacent channel BRS or EBS licensees.
(3) Prior to transition and thereafter solely within the MBS, and
notwithstanding paragraph (l)(2) of this section, the maximum out-of-band
power of a digital transmitter operating on a single 6 MHz channel with an
EIRP in excess of −9 dBW employing digital modulation for the primary
purpose of transmitting video programming shall be attenuated at the 6 MHz
channel edges at least 25 dB relative to the licensed average 6 MHz channel
power level, then attenuated along a linear slope to at least 40 dB at 250
kHz beyond the nearest channel edge, then attenuated along a linear slope
from that level to at least 60 dB at 3 MHz above the upper and below the
lower licensed channel edges, and attenuated at least 60 dB at all other
frequencies.
(4) For mobile digital stations, the attenuation factor shall be not less
than 43 + 10 log (P) dB at the channel edge and 55 + 10 log (P) dB at 5.5
MHz from the channel edges. Mobile Service Satellite licensees operating on
frequencies below 2495 MHz may also submit a documented interference
complaint against BRS licensees operating on channel BRS1 on the same terms
and conditions as adjacent channel BRS or EBS licensees.
(5) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) of this
section, prior to transition, a licensee may continue to operate facilities
deployed as of January 10, 2005 provided that such facilities operate in
compliance with the emission mask applicable to those services prior to
January 10, 2005.
(6) Measurement procedure. Compliance with these rules is based on the use
of measurement instrumentation employing a resolution bandwidth of 1 MHz or
greater. However, 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. 1 MHz 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. With
respect to television operations, measurements must be made of the separate
visual and aural operating powers at sufficiently frequent intervals to
ensure compliance with the rules.
(7) 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.
(m) When an emission outside of the authorized bandwidth causes harmful
interference, the Commission may, at its discretion, require greater
attenuation than specified in this section.
[ 62 FR 16497 , Apr. 7, 1997, as amended at 65 FR 3147 , Jan. 20, 2000; 65 FR 17602 , Apr. 4, 2000; 65 FR 42883 , July 12, 2000; 67 FR 5511 , Feb. 6, 2002;
67 FR 41855 , June 20, 2002; 69 FR 5715 , Feb. 6, 2004; 69 FR 72033 , Dec. 10,
2004; 69 FR 77950 , Dec. 29, 2004; 70 FR 1190 , Jan. 6, 2005; 70 FR 21664 ,
Apr. 27, 2005; 71 FR 35190 , June 19, 2006]
§ 27.54 Frequency stability.
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The frequency stability shall be sufficient to ensure that the fundamental
emissions stay within the authorized bands of operation.
§ 27.55 Signal strength limits.
top
Link to an amendment published at 72 FR 48852 , Aug. 24, 2007.
(a) Field strength limits. For the following bands, the predicted or
measured median field strength at any location on the geographical border of
a licensee's service area shall not exceed the value specified unless the
adjacent affected service area licensee(s) agree(s) to a different field
strength. This value applies to both the initially offered service areas and
to partitioned service areas.
(1) 2110–2155, 2305–2320 and 2345–2360 MHz bands: 47 dBµV/m.
(2) 698–764 and 776–794 MHz bands: 40 dBµV/m.
(3) The paired 1392–1395 MHz and 1432–1435 MHz bands and the unpaired
1390–1392 MHz band (1.4 GHz band): 47 dBµV/m.
(4) BRS and EBS: The predicted or measured median field strength at any
location on the geographical border of a licensee's service area shall not
exceed the value specified unless the adjacent affected service area
licensee(s) agree(s) to a different field strength. This value applies to
both the initially offered services areas and to partitioned services areas.
Licensees may exceed this signal level where there is no affected licensee
that is constructed and providing service. Once the affected licensee is
providing service, the original licensee will be required to take whatever
steps necessary to comply with the applicable power level at its GSA
boundary, absent consent from the affected licensee.
(i) Prior to transition, the signal strength at any point along the
licensee's GSA boundary does not exceed the greater of that permitted under
the licensee's Commission authorizations as of January 10, 2005 or 47 dB
[mµ]V/m.
(ii) Following transition, for stations in the LBS and UBS, the signal
strength at any point along the licensee's GSA boundary must not exceed 47
dB[mµ]V/m. This field strength is to be measured at 1.5 meters above the
ground over the channel bandwidth ( i.e. , each 5.5 MHz channel for
licensees that hold a full channel block, and for the 5.5 MHz channel for
licensees that hold individual channels).
(iii) Following transition, for stations in the MBS, the signal strength at
any point along the licensee's GSA boundary must not exceed −73.0 +
10log(X/6) dBW/m^2 , where X is the bandwidth in MHz of the channel.
(b) Power flux density limit for stations operating in the 698–746 MHz
bands. For base and fixed stations operating in the 698–746 MHz band in
accordance with the provisions of §27.50(c)(6), the power flux density that
would be produced by such stations through a combination of antenna height
and vertical gain pattern must not exceed 3000 microwatts per square meter
on the ground over the area extending to 1 km from the base of the antenna
mounting structure.
(c) Power flux density limit for stations operating in the 747–762 and
777–792 MHz bands . For base and fixed stations operating in the 747–762 and
777–792 MHz bands in accordance with the provisions of §27.50(b)(6), the
power flux density that would be produced by such stations through a
combination of antenna height and vertical gain pattern must not exceed 3000
microwatts per square meter on the ground over the area extending to 1 km
from the base of the antenna mounting structure.
[ 69 FR 5715 , Feb. 6, 2004, as amended at 69 FR 72034 , Dec. 10, 2004; 72 FR 27712 , May 16, 2007]
§ 27.56 Antenna structures; air navigation safety.
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A licensee that owns its antenna structure(s) must not allow such antenna
structure(s) 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, the 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. For any
construction or alteration that would exceed the requirements of section
17.7 of this chapter, licensees must notify the appropriate Regional Office
of the Federal Aviation Administration (FAA Form 7460–1) and file a request
for antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC, WTB, 1270 Fairfield Road,
Gettysburg, PA 17325.
(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.
§ 27.57 International coordination.
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Link to an amendment published at 72 FR 48852 , Aug. 24, 2007.
(a) WCS operations in the border areas shall be subject to coordination with
those countries and provide protection to non-U.S. operations in the
2305–2320 and 2345–2360 MHz bands as appropriate. In addition, satellite
DARS operations in WCS spectrum shall be subject to international satellite
coordination procedures.
(b) Operation in the 698–764 MHz and 776–794 MHz bands is subject to
international agreements between Mexico and Canada. Unless otherwise
modified by international treaty, licenses must not cause interference to,
and must accept harmful interference from, television broadcast operations
in Mexico and Canada.
(c) Operation in the 1710–1755 MHz and 2110–2155 MHz bands is subject to
international agreements with Mexico and Canada.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 67 FR 5511 , Feb. 6, 2002; 69 FR 5715 , Feb. 6, 2004]
§ 27.58 Interference to BRS/EBS receivers.
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(a) WCS licensees shall bear full financial obligation to remedy
interference to BRS/EBS block downconverters if all of the following
conditions are met:
(1) The complaint is received by the WCS licensee prior to February 20,
2002;
(2) The BRS/EBS downconverter was installed prior to August 20, 1998;
(3) The WCS fixed or land station transmits at 50 or more watts peak EIRP;
(4) The BRS/EBS downconverter is located within a WCS transmitter's free
space power flux density contour of −34 dBW/m^2 ; and
(5) The BRS/EBS customer or licensee has informed the WCS licensee of the
interference within one year from the initial operation of the WCS
transmitter or within one year from any subsequent power increases at the
WCS station.
(b) Resolution of the complaint shall be at no cost to the complainant.
(c) Two or more WCS licensees collocating their antennas on the same tower
shall assume shared responsibility for remedying interference complaints
within the area determined by paragraph (a)(4) of this section unless an
offending station can be readily determined and then that station shall
assume full financial responsibility.
(d) If the WCS licensee cannot otherwise eliminate interference caused to
BRS/EBS reception, then that licensee must cease operations from the
offending WCS facility.
(e) At least 30 days prior to commencing operations from any new WCS
transmission site or with increased power from any existing WCS transmission
site, a WCS licensee shall notify all BRS/EBS licensees in or through whose
licensed service areas they intend to operate of the technical parameters of
the WCS transmission facility. WCS and BRS/EBS licensees are expected to
coordinate voluntarily and in good faith to avoid interference problems and
to allow the greatest operational flexibility in each other's operations.
[ 62 FR 16498 , Apr. 7, 1997, as amended at 69 FR 72034 , Dec. 10, 2004]
§ 27.59 [Reserved]
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§ 27.60 TV/DTV interference protection criteria.
top
Link to an amendment published at 72 FR 48852 , Aug. 24, 2007.
Base, fixed, control, and mobile transmitters in the 698–764 MHz and 776–794
MHz frequency bands must be operated only in accordance with the rules in
this section to reduce the potential for interference to public reception of
the signals of existing TV and DTV broadcast stations transmitting on TV
Channels 51 through 68.
(a) D/U ratios. Licensees must choose site locations that are a sufficient
distance from co-channel and adjacent channel TV and DTV stations, and/or
must use reduced transmitting power or transmitting antenna height such that
the following minimum desired signal-to-undesired signal ratios (D/U ratios)
are met.
(1) The minimum D/U ratio for co-channel stations is:
(i) 40 dB at the hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers
(55 miles)) of the TV station;
(ii) For transmitters operating in the 698–746 MHz frequency band, 23 dB at
the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of
the DTV station; or
(iii) For transmitters operating in the 746–764 MHz and 776–794 MHz
frequency bands, 17 dB at the equivalent Grade B contour (41 dBµV/m) (88.5
kilometers (55 miles)) of the DTV station.
(2) The minimum D/U ratio for adjacent channel stations is 0 dB at the
hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers (55 miles)) of the
TV station or −23 dB at the equivalent Grade B contour (41 dBµV/m) (88.5
kilometers (55 miles)) of the DTV station.
(b) TV stations and calculation of contours. The methods used to calculate
TV contours and antenna heights above average terrain are given in §§73.683
and 73.684 of this chapter. Tables to determine the necessary minimum
distance from the 698–764 MHz or 776–794 MHz station to the TV/DTV station,
assuming that the TV/DTV station has a hypothetical or equivalent Grade B
contour of 88.5 kilometers (55 miles), are located in §90.309 of this
chapter and labeled as Tables B, D, and E. Values between those given in the
tables may be determined by linear interpolation. Distances for station
parameters greater than those indicated in the tables should be calculated
in accordance with the required D/U ratios, as provided in paragraph (a) of
this section. The locations of existing and proposed TV/DTV stations during
the period of transition from analog to digital TV service are given in part
73 of this chapter and in the final proceedings of MM Docket No. 87–268.
(1) Licensees of stations operating within the ERP and HAAT limits of §27.50
must select one of four methods to meet the TV/DTV protection requirements,
subject to Commission approval:
(i) Utilize the geographic separation specified in Tables B, D, and E of
§90.309 of this chapter, as appropriate;
(ii) When station parameters are greater than those indicated in the tables,
calculate geographic separation in accordance with the required D/U ratios,
as provided in paragraph (a) of this section;
(iii) Submit an engineering study justifying the proposed separations based
on the parameters of the land mobile station and the parameters, including
authorized and/or applied for facilities, of the TV/DTV station(s) it is
trying to protect; or,
(iv) Obtain written concurrence from the applicable TV/DTV station(s). If
this method is chosen, a copy of the agreement must be submitted with the
application.
(2) The following is the method for geographic separations.
(i) Base and fixed stations that operate in the 746–764 MHz and 777–792 MHz
bands having an antenna height (HAAT) less than 152 m. (500 ft.) shall
afford protection to co-channel and adjacent channel TV/DTV stations in
accordance with the values specified in Table B (co-channel frequencies
based on 40 dB protection) and Table E (adjacent channel frequencies based
on 0 dB protection) in §90.309 of this chapter. Base and fixed stations that
operate in the 698–746 MHz band having an antenna height (HAAT) less than
152 m. (500 ft.) shall afford protection to adjacent channel DTV stations in
accordance with the values specified in Table E in §90.309 of this chapter,
shall afford protection to co-channel DTV stations by providing 23 dB
protection to such stations' equivalent Grade B contour (41 dBµV/m), and
shall afford protection to co-channel and adjacent channel TV stations in
accordance with the values specified in Table B (co-channel frequencies
based on 40 dB protection) and Table E (adjacent channel frequencies based
on 0 dB protection) in §90.309 of this chapter. For base and fixed stations
having an antenna height (HAAT) between 152–914 meters (500–3,000 ft.) the
effective radiated power must be reduced below 1 kilowatt in accordance with
the values shown in the power reduction graph in Figure B in §90.309 of this
chapter. For heights of more than 152 m. (500 ft.) above average terrain,
the distance to the radio path horizon will be calculated assuming smooth
earth. If the distance so determined equals or exceeds the distance to the
hypothetical or equivalent Grade B contour of a co-channel TV/DTV station (
i.e. , it exceeds the distance from the appropriate Table in §90.309 of this
chapter to the relevant TV/DTV station), an authorization will not be
granted unless it can be shown in an engineering study ( see paragraph
(b)(1)(iii) of this section) that actual terrain considerations are such as
to provide the desired protection at the actual Grade B contour (64 dBµV/m
for TV and 41 dBµV/m for DTV stations) or unless the effective radiated
power will be further reduced so that, assuming free space attenuation, the
desired protection at the actual Grade B contour (64 dBµV/m for TV and 41
dBµV/m coverage contour for DTV stations) will be achieved. Directions for
calculating powers, heights, and reduction curves are listed in §90.309 of
this chapter for land mobile stations. Directions for calculating coverage
contours are listed in §§73.683 through 73.685 of this chapter for TV
stations and in §73.625 of this chapter for DTV stations.
(ii) Control, fixed, and mobile stations (including portables) that operate
in the 776–777 MHz and 792–794 MHz bands and control and mobile stations
(including portables) that operate in the 698–746 MHz, 747–762 MHz and
777–792 MHz bands are limited in height and power and therefore shall afford
protection to co-channel and adjacent channel TV/DTV stations in the
following manner:
(A) For control, fixed, and mobile stations (including portables) that
operate in the 776–777 MHz and 792–794 MHz bands and control and mobile
stations (including portables) that operate in the 747–762 MHz and 777–792
MHz band, co-channel protection shall be afforded in accordance with the
values specified in Table D (co-channel frequencies based on 40 dB
protection for TV stations and 17 dB for DTV stations) in §90.309 of this
chapter.
(B) For control and mobile stations (including portables) that operate in
the 698–746 MHz band, co-channel protection shall be afforded to TV stations
in accordance with the values specified in Table D (co-channel frequencies
based on 40 dB protection) and to DTV stations by providing 23 dB protection
to such stations' equivalent Grade B contour (41 dBµV/m).
(C) For control, fixed, and mobile stations (including portables) that
operate in the 776–777 MHz and 792–794 MHz bands and control and mobile
stations (including portables) that operate in the 698–746 MHz, 747–762 MHz,
and 777–792 MHz band, adjacent channel protection shall be afforded by
providing a minimum distance of 8 kilometers (5 miles) from all adjacent
channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent
channel frequencies based on 0 dB protection for TV stations and −23 dB for
DTV stations).
(D) Since control, fixed, and mobile stations may affect different TV/DTV
stations than the associated base or fixed station, particular care must be
taken by applicants/licensees to ensure that all appropriate TV/DTV stations
are considered (e.g., a base station may be operating within TV Channel 62
and the mobiles within TV Channel 67, in which case TV Channels 61, 62, 63,
66, 67 and 68 must be protected). Control, fixed, and mobile stations shall
keep a minimum distance of 96.5 kilometers (60 miles) from all adjacent
channel TV/DTV stations. Since mobiles and portables are able to move and
communicate with each other, licensees must determine the areas where the
mobiles can and cannot roam in order to protect the TV/DTV stations.
Note to §27.60: The 88.5 km (55 mi) Grade B service contour (64 dBµV/m) is
based on a hypothetical TV station operating at an effective radiated power
of one megawatt, a transmitting antenna height above average terrain of 610
meters (2000 feet) and the Commission's R–6602 F(50,50) curves. See §73.699
of this chapter. Maximum facilities for TV stations operating in the UHF
band are 5 megawatts effective radiated power at an antenna HAAT of 610
meters (2,000 feet). See §73.614 of this chapter. The equivalent contour for
DTV stations is based on a 41 dBµV/m signal strength and the distance to the
F (50,90) curve. See §73.625 of this chapter.
[ 65 FR 3148 , Jan. 20, 2000, as amended at 65 FR 17605 , Apr. 4, 2000; 65 FR 42883 , July 12, 2000; 67 FR 5511 , Feb. 6, 2002; 69 FR 59535 , Oct. 4, 2004]
§§ 27.61-27.62 [Reserved]
top
§ 27.63 Disturbance of AM broadcast station antenna patterns.
top
AWS and WCS 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 AWS or WCS 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 would affect the AM station antenna pattern. The AWS or WCS
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 AWS or WCS 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 would affect the AM station antenna pattern. The AWS or WCS
licensee is responsible for the installation and continued maintenance of
any detuning apparatus necessary to restore proper performance of the AM
station array.
[ 69 FR 5715 , Feb. 6, 2004]
§ 27.64 Protection from interference.
top
Wireless Communications Service (WCS) stations operating in full 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 which significantly interrupts or
degrades a radio service is being caused, it may, after notice and an
opportunity for a hearing, require modifications to any WCS 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) Interference 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.
§ 27.66 Discontinuance, reduction, or impairment of service.
top
(a) Involuntary act. If the service provided by a fixed common carrier
licensee, or a fixed common carrier operating on spectrum licensed to a
Guard Band Manager, is involuntarily discontinued, reduced, or impaired for
a period exceeding 48 hours, the licensee must promptly notify the
Commission, in writing, as to the reasons for discontinuance, reduction, or
impairment of service, including a statement when normal service is to be
resumed. When normal service is resumed, the licensee must promptly notify
the Commission.
(b) Voluntary act by common carrier. If a fixed common carrier licensee, or
a fixed common carrier operating on spectrum licensed to a Guard Band
Manager, voluntarily discontinues, reduces, or impairs service to a
community or part of a community, it must obtain prior authorization as
provided under §63.71 of this chapter. An application will be granted within
31 days after filing if no objections have been received.
(c) Voluntary act by non-common carrier. If a fixed non-common carrier
licensee, or a fixed non-common carrier operating on spectrum licensed to a
Guard Band Manager, voluntarily discontinues, reduces, or impairs service to
a community or part of a community, it must given written notice to the
Commission within seven days.
(d) Notifications and requests. Notifications and requests identified in
paragraphs(a) through (c) of this section should be sent to: Federal
Communications Commission, Common Carrier Radio Services, 1270 Fairfield
Road, Gettysburg, Pennsylvania, 17325.
[ 65 FR 3149 , Jan. 20, 2000; 65 FR 12483 , Mar. 9, 2000, as amended at 65 FR 17605 , Apr. 4, 2000; 65 FR 57267 , Sept. 21, 2000]
§ 27.70 Information exchange.
top
Link to an amendment published at 72 FR 48853 , Aug. 24, 2007.
(a) Prior notification. Public safety licensees authorized to operate in the
764–776 MHz and 794–806 MHz bands may notify any licensee authorized to
operate in the 747–762 or 777–792 MHz bands that they wish to receive prior
notification of the activation or modification of the licensee's base or
fixed stations in their area. Thereafter, the 747–762 or 777–792 MHz band
licensee must provide the following information to the public safety
licensee at least 10 business days before a new base or fixed station is
activated or an existing base or fixed station is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna height; and
(4) Channels available for use.
(b) Purpose of prior notification. The prior coordination of base or fixed
stations is for informational purposes only. Public safety licensees are not
afforded the right to accept or reject the activation of a proposed base or
fixed station 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 747–762 or 777–792 MHz band
licensee whether it believes a proposed base or fixed station will generate
unacceptable interference;
(2) Permit 747–762 and 777–792 MHz band licensees to make voluntary changes
in base or fixed station parameters when a public safety licensee alerts
them to possible interference; and
(3) Rapidly identify the source if interference is encountered when the base
or fixed station is activated.
[ 72 FR 27712 , May 16, 2007]
Subpart D—Competitive Bidding Procedures for the 2305–2320 MHz and 2345–2360
MHz Bands
top
§ 27.201 WCS in the 2305–2320 MHz and 2345–2360 MHz bands subject to
competitive bidding.
top
Mutually exclusive initial applications for WCS licenses in the 2305–2320
MHz and 2345–2360 MHz bands 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 45373 , July 9, 2002]
§§ 27.202-27.208 [Reserved]
top
§ 27.209 Designated entities; bidding credits; unjust enrichment.
top
(a) Designated entities entitled to preferences in the WCS in the 2305–2320
and 2345–2360 bands auction are small businesses and very small businesses
as defined in §27.110(b). Designated entities will be eligible for bidding
credits, as defined in paragraphs (b) and (c) of this section.
(b) A winning bidder that qualifies as a small business may use a bidding
credit of 25 percent to lower the cost of its winning bid.
(c) A winning bidder that qualifies as a very small business may use a
bidding credit of 35 percent to lower the cost of its winning bid.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 2349 , Jan. 15, 1998; 65 FR 57268 , Sept. 21, 2000; 67 FR 45373 , July 9, 2002]
§ 27.210 Definitions
top
(a) Scope. The definitions in this section apply to §27.209, unless
otherwise specified in those sections.
(b) Small and very small business . (1) A small business is an entity that,
together with its affiliates and controlling interests, has average annual
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
and controlling interests, has average annual gross revenues that are not
more than $15 million for the preceding three years.
[ 67 FR 45373 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003]
Subpart E—Application, Licensing, and Processing Rules for WCS
top
§ 27.301 [Reserved]
top
§ 27.302 Eligibility.
top
(a) General. Authorizations will be granted upon proper application if:
(1) The applicant is qualified under the applicable laws and the
regulations, policies and decisions issued under those laws, including
§27.12;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a
grant.
(b) Alien Ownership. A WCS authorization may not be granted to or held by an
entity not meeting the requirements of section 310 of the Communications Act
of 1934, as amended, 47 U.S.C. section 310 insofar as applicable to the
particular service in question.
§ 27.303 Upper 700 MHz commercial and public safety coordination zone.
top
Link to an amendment published at 72 FR 48853 , Aug. 24, 2007.
(a) General. CMRS operators are required, prior to commencing operations on
fixed or base station transmitters on the 777–792 MHz band that are located
within 500 meters of existing or planned public safety base station
receivers, to submit a description of their proposed facility to a
Commission-approved public safety coordinator.
(1) The description must include, at a minimum;
(i) The frequency or frequencies on which the facility will operate;
(ii) Antenna location and height;
(iii) Type of emission;
(iv) Effective radiated power;
(v) A description of the area served and the operator's name.
(2) It is the CMRS operator's responsibility to determine whether referral
is required for stations constructed in its area of license. Public safety
base stations are considered “planned” when public safety operators have
notified, or initiated coordination with, a Commission-approved public
safety coordinator.
(b) CMRS operators must wait at least 10 business days after submission of
the required description before commencing operations on the referenced
facility, or implementing modifications to an existing facility.
(c) The potential for harmful interference between the CMRS and public
safety facilities will be evaluated by the public safety coordinator.
(1) With regard to existing public safety facilities, the coordinator's
determination to disapprove a proposed CMRS facility (or modification) to be
located within 500 meters of the public safety facilities will be presumed
correct, but the CMRS operator may seek Commission review of such
determinations. Pending Commission review, the CMRS operator will not
activate the facility or implement proposed modifications.
(2) With regard to proposed public safety facilities, the coordinator's
determination to disapprove a proposed CMRS facility (or modification) to be
located within 500 meters of the public safety facilities will be presumed
correct, but the CMRS operator may seek Commission review and, pending
completion of review, operate the facility during construction of the public
safety facilities. If coordination or Commission review has not been
completed when the public safety facilities are ready to operate, the CMRS
operator must cease operations pending completion of coordination or
Commission review. Such interim operation of the CMRS facility within the
coordination zone (or implementation of modifications) will not be relied on
by the Commission in its subsequent review and determination of measures
necessary to control interference, including relocation or modification of
the CMRS facility.
(d) If, in the event of harmful interference between facilities located
within 500 meters proximity, the parties are unable, with the involvement of
the coordinator, to resolve the problem by mutually satisfactory
arrangements, the Commission may impose restrictions on the operations of
any of the parties involved.
[ 67 FR 49245 , July 30, 2002]
§§ 27.304-27.307 [Reserved]
top
§ 27.308 Technical content of applications.
top
All applications required by this part shall contain all technical
information required by the application forms or associated public
notice(s). Applications other than initial applications for a WCS license
must also comply with all technical requirements of the rules governing the
applicable frequency band (see subparts C, D, F, and G of this part, as
appropriate).
[ 65 FR 57268 , Sept. 21, 2000]
§§ 27.310-27.320 [Reserved]
top
§ 27.321 Mutually exclusive applications.
top
(a) 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 the Commission's rules governing the Wireless Communications
Services involved. The Commission uses the general procedures in this
section for processing mutually exclusive applications in the Wireless
Communications Services.
(b) An application will be entitled to comparative consideration with one or
more conflicting applications only if the Commission determines that such
comparative consideration will serve the public interest.
§§ 27.322-27.325 [Reserved]
top
Subpart F—Competitive Bidding Procedures for the 698–806 MHz Band
top
Source: 65 FR 3149 , Jan. 20, 2000, unless otherwise noted.
§ 27.501 746–764 MHz and 776–794 MHz bands subject to competitive bidding.
top
Link to an amendment published at 72 FR 48853 , Aug. 24, 2007.
Mutually exclusive initial applications for licenses in the 746–764 MHz and
776–794 MHz bands 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.
[ 68 FR 43000 , July 21, 2003]
§ 27.502 Designated entities.
top
Eligibility for small business provisions.
(a) A small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding $40
million for the preceding three years.
(b) A very small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding $15
million for the preceding three years.
[ 67 FR 45374 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003]
Subpart G—Guard Band Service (746–747/776–777 MHz and 762–764/792–794 MHz
Bands)
top
Source: 65 FR 17605 , Apr. 4, 2000, unless otherwise noted.
§ 27.601 Authority and coordination requirements.
top
Link to an amendment published at 72 FR 48853 , Aug. 24, 2007.
(a) Subject to the provisions of §27.2(b), a Guard Band licensee may allow a
spectrum lessee, pursuant to a spectrum lease arrangement under part 1,
subpart X of this chapter, to construct and operate stations at any
available site within the licensed area and on any channel for which the
Guard Band licensee is licensed, provided such stations comply with
Commission Rules and coordination requirements.
(b) Subject to the provisions of §27.2(b), a Guard Band licensee may allow a
spectrum lessee, pursuant to a spectrum lease arrangement under part 1,
subpart X of this chapter, to delete, move or change the operating
parameters of any of the user's stations that are covered under the Guard
Band licensee's authorization without prior Commission approval, provided
such stations comply with Commission Rules and coordination requirements.
(c) Frequency Coordination.
(1) A Guard Band licensee, or a spectrum lessee operating pursuant to a
spectrum lease arrangement under §§1.9030 and 1.9035 of this chapter, must
notify Commission-recognized public safety frequency coordinators for the
700 MHz Public Safety band and adjacent-area Guard Band licensees within one
business day after the licensee or the spectrum lessee has:
(i) Coordinated a new station or modification of an existing station; or
(ii) Filed an application for an individual station license with the
Commission.
(2) The notification required in paragraph (c)(1) of this section must
include, at a minimum—
(i) The frequency or frequencies coordinated;
(ii) Antenna location and height;
(iii) Type of emission;
(iv) Effective radiated power;
(v) A description of the service area, date of coordination, and user name
or, in the alternative, a description of the type of operation.
(3) In the event a licensee partitions its service area or disaggregates its
spectrum, it is required to submit the notification required in paragraph
(c)(1) of this section to other Guard Band licensees in the same geographic
area.
(4) Entities coordinated by a Guard Band licensee, or a spectrum lessee
operating pursuant to a spectrum lease arrangement under §§1.9030 and 1.9035
of this chapter, must wait at least 10 business days after the notification
required in paragraph (c)(1) of this section before operating under the
license.
(d) Where a deletion, move or change authorized under paragraph (b) of this
section constitutes a discontinuance, reduction, or impairment of service
under §27.66 or where discontinuance, reduction or impairment of service
results from an involuntary act subject to §27.66(a), the licensee must
comply with the notification and authorization requirements set forth in
that section.
[ 72 FR 27712 , May 16, 2007]
§ 27.602 Lease agreements.
top
Guard Band licensees may enter into spectrum leasing arrangements under part
1, subpart X of this chapter regarding the use of their licensed spectrum by
spectrum lessees, subject to the following conditions:
(a) The spectrum lease agreement between the licensee and the spectrum
lessee must specify in detail the operating parameters of the spectrum
lessee's system, including power, maximum antenna heights, frequencies of
operation, base station location(s), area(s) of operation, and other
parameters specified in Commission rules for the use of spectrum identified
in §27.5(b)(1) and (b)(2).
(b) The spectrum lease agreement must require the spectrum lessee to use
Commission-approved equipment where appropriate and to complete
post-construction proofs of system performance prior to system activation.
[ 72 FR 27713 , May 16, 2007]
§ 27.604 Limitation on licenses won at auction.
top
(a) For the first auction of licenses in Blocks A and B, as defined in
§27.5, no applicant may be deemed the winning bidder of both a Block A and a
Block B license in a single geographic service area.
(b) For purposes of paragraph (a) of this section, licenses will be deemed
to be won by the same bidder if an entity that wins one license at the
auction is an affiliate of any other entity that wins a license at the
auction.
§ 27.607 Performance requirements and annual reporting requirement.
top
(a) Guard Band licensees are subject to the performance requirements
specified in §27.14(a).
(b) Guard Band licensees are required to file an annual report providing the
Commission with information about the manner in which their spectrum is
being utilized. Such reports shall be filed with the Commission on a
calendar year basis, no later than the March 1 following the close of each
calendar year, unless another filing date is specified by Public Notice.
(c) Guard Band licensees must, at a minimum, include the following
information in their annual reports:
(1) The total number of spectrum lessees;
(2) The amount of the licensee's spectrum being used pursuant to spectrum
lease agreements;
(3) The nature of the spectrum use of the licensee's customers; and,
(4) The length of term of each spectrum lease agreement, and whether the
agreement is a spectrum manager lease agreement, or a de facto transfer
lease agreement.
(d) The specific information that licensees will provide and the procedures
that they will follow in submitting their annual reports will be announced
in a Public Notice issued by the Wireless Telecommunications Bureau.
[ 72 FR 27713 , May 16, 2007]
Subpart H—Competitive Bidding Procedures for the 698–746 MHz Band
top
Source: 67 FR 5512 , Feb. 6, 2002, unless otherwise noted.
§ 27.701 698–746 MHz bands subject to competitive bidding.
top
Mutually exclusive initial applications for licenses in the 698–746 MHz band
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 45374 , July 9, 2002]
§ 27.702 Designated entities.
top
(a) Eligibility for small business provisions. (1) An entrepreneur is an
entity that, together with its controlling interests and affiliates, has
average gross revenues not exceeding $3 million for the preceding three
years. This definition applies only with respect to licenses in Block C
(710–716 MHz and 740–746 MHz) as specified in §27.5(c)(1).
(2) A very small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding $15
million for the preceding three years.
(3) A small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding $40
million for the preceding three years.
(b) Bidding credits . 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)(i) of this chapter. 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)(ii) 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)(iii) of this chapter.
[ 67 FR 5512 , Feb. 6, 2002, as amended at 68 FR 43000 , July 21, 2003]
Subpart I—1.4 GHz Band
top
Source: 67 FR 41855 , June 20, 2002, unless otherwise noted.
§ 27.801 Scope.
top
This subpart sets out the regulations governing service in the paired
1392–1395 MHz and 1432–1435 MHz bands as well as the unpaired 1390–1392 MHz
band (1.4 GHz band).
§ 27.802 Permissible communications.
top
Licensees in the paired 1392–1395 MHz and 1432–1435 MHz bands and unpaired
1390–1392 MHz band are authorized to provide fixed or mobile service, except
aeronautical mobile service, subject to the technical requirements of this
subpart.
§ 27.803 Coordination requirements.
top
(a) Licensees in the 1.4 GHz band will be issued geographic area licenses in
accordance with the service areas listed in §27.6(d) and (e).
(b) Licensees in the 1.4 GHz Service must file a separate station
application with the Commission and obtain an individual station license,
prior to construction or operation, of any station:
(1) That requires submission of an Environmental Assessment under part 1,
§1.1307 of this chapter;
(2) That requires international coordination;
(3) That operates in areas listed in part 1, §1.924 of this chapter; or
(4) That requires approval of the Frequency Advisory Subcommittee (FAS) of
the Interdepartment Radio Advisory Committee (IRAC). Stations that require
FAS approval are as follows:
(i) Licensees in the 1390–1392 MHz and 1392–1395 MHz band must receive FAS
approval prior to operation of fixed sites or mobile units within the NTIA
recommended protection radii of the Government sites listed in footnote
US351 of §2.106 of this chapter.
(ii) Licensees in the 1432–1435 MHz band must receive FAS approval, prior to
operation of fixed sites or mobile units within the NTIA recommended
protection radii of the Government sites listed in footnote US361 of §2.106
of this chapter.
(c) Prior to construction of a station, a licensee in the 1.4 GHz Band must
register with the Commission any station antenna structure for which
notification to the Federal Aviation Administration is required by part 17
of this chapter.
(d) It is the licensee's responsibility to determine whether an individual
station needs referral to the Commission.
(e) The application required in paragraph (b) of this chapter must be filed
on the Universal Licensing System.
[ 67 FR 41855 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004]
§ 27.804 Field strength limits at WMTS facility.
top
For any operation in the 1392–1395 MHz band, the predicted or measured field
strength—into the WMTS band at 1395–1400 MHz—shall not exceed 150 uV/m at
the location of any registered WMTS healthcare facility. When performing
measurements to determine compliance with this provision, measurement
instrumentation employing an average detector and a resolution bandwidth of
1 MHz may be used, provided it accurately represents the true interference
potential of the equipment.
§ 27.805 Geographic partitioning and spectrum disaggregation.
top
An entity that acquires a portion of a 1.4 GHz band licensee's geographic
area or spectrum subject to a geographic partitioning or spectrum
disaggregation agreement under §27.15 must function as a 1.4 GHz band
licensee and is subject to the obligations and restrictions on the 1.4 GHz
band license as set forth in this subpart.
§ 27.806 1.4 GHz service licenses subject to competitive bidding.
top
Mutually exclusive initial applications for 1.4 GHz Band licenses in the
paired 1392–1395 MHz and 1432–1435 MHz bands as well as the unpaired
1390–1392 MHz band 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.
§ 27.807 Designated entities.
top
(a) Eligibility for small business provisions for 1.4 GHz band licenses in
the paired 1392–1395 MHz and 1432–1435 MHz bands and the unpaired 1390–1392
MHz band.
(1) A very 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.
(2) A small business 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)(ii) 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)(iii) of this chapter.
[ 67 FR 41855 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003]
Subpart J—1670–1675 MHz Band
top
Source: 67 FR 41856 , June 20, 2002, unless otherwise noted.
§ 27.901 Scope.
top
This subpart sets out the regulations governing service in the 1670–1675 MHz
band (1670–1675 MHz band).
§ 27.902 Permissible communications.
top
Licensees in the 1670–1675 MHz band are authorized to provide fixed or
mobile service, except aeronautical mobile service, subject to the technical
requirements of this subpart.
§ 27.903 Coordination requirements.
top
(a) The licensee in the 1670–1675 MHz band will be issued a geographic area
license on a nationwide basis in accordance with §27.6(f).
(b) Licensees in the 1670–1675 MHz band must file a separate station
application with the Commission and obtain an individual station license,
prior to construction or operation, of any station:
(1) That requires submission of an Environmental Assessment under part 1,
§1.1307 of this chapter;
(2) That requires international coordination;
(3) That operates in areas listed under part 1, §1.924 of this chapter.
(c) The application required in paragraph (b) of this section must be filed
on the Universal Licensing System.
(d) Prior to construction of a station, a licensee must register with the
Commission any station antenna structure for which notification to the
Federal Aviation Administration is required by part 17 of this chapter.
(e) It is the licensee's responsibility to determine whether an individual
station requires referral to the Commission.
[ 67 FR 41856 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004]
§ 27.904 Geographic partitioning and spectrum disaggregation.
top
An entity that acquires a portion of a 1670–1675 MHz band licensee's
geographic area or spectrum subject to a geographic partitioning or spectrum
disaggregation agreement under §27.15 must function as a 1670–1675 MHz
licensee and is subject to the obligations and restrictions on the 1670–1675
MHz license as set forth in this subpart.
§ 27.905 1670–1675 MHz service licenses subject to competitive bidding.
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Mutually exclusive initial applications for the 1670–1675 MHz Band license
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.
§ 27.906 Designated entities.
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(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 $15 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
$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)(ii) 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)(iii) of this chapter.
[ 67 FR 41856 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003]
Subpart K [Reserved]
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Subpart L—1710–1755 MHz, 2110–2155 MHz, 2160–2180 MHz Bands
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Source: 69 FR 5716 , Feb. 6, 2004, unless otherwise noted.
Licensing and Competitive Bidding Provisions
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§ 27.1101 1710–1755 MHz and 2110–2155 MHz bands subject to competitive
bidding.
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Mutually exclusive initial applications for 1710–1755 MHz and 2110–2155 MHz
band licenses are subject to competitive bidding. The general competitive
bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless
otherwise provided in this subpart.
§ 27.1102 Designated Entities in the 1710–1755 MHz and 2110–2155 MHz bands.
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(a) Eligibility for small business provisions. (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. (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 any of the licenses
in this part.
(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 any of the licenses in this part.
Relocation of Incumbents
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§ 27.1111 Relocation of fixed microwave service licensees in the 2110–2150
MHz band.
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Part 22, subpart E and part 101, subpart B of this chapter contain
provisions governing the relocation of incumbent fixed microwave service
licensees in the 2110–2150 MHz band.
[ 71 FR 29835 , May 24, 2006]
Protection of Incumbent Operations
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§ 27.1131 Protection of Part 101 operations.
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All AWS licensees, prior to initiating operations from any base or fixed
station, must coordinate their frequency usage with co-channel and adjacent
channel incumbent, Part 101 fixed-point-to-point microwave licensees
operating in the 2110–2155 MHz band. Coordination shall be conducted in
accordance with the provisions of §24.237 of this chapter.
§ 27.1132 Protection of incumbent operations in the 2150–2160/62 MHz band.
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All AWS licensees, prior to initiating operations from any base or fixed
station, shall follow the provisions of §27.1255 of this part.
[ 71 FR 29835 , May 24, 2006]
§ 27.1133 Protection of Part 74 and Part 78 operations.
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AWS operators must protect previously licensed Broadcast Auxiliary Service
(BAS) or Cable Television Radio Service (CARS) operations in the adjacent
2025–2110 MHz band. In satisfying this requirement AWS licensees must,
before constructing and operating any base or fixed station, determine the
location and licensee of all BAS or CARS stations authorized in their area
of operation, and coordinate their planned stations with those licensees. In
the event that mutually satisfactory coordination agreements cannot be
reached, licensees may seek the assistance of the Commission, and the
Commission may, at its discretion, impose requirements on one or both
parties.
§ 27.1134 Protection of Federal Government operations.
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(a) Protection of Department of Defense operations in the 1710–1755 MHz
band. The Department of Defense (DoD) operates communications systems in the
1710–1755 MHz band at 16 protected facilities, nationwide. AWS licensees
must accept any interference received from these facilities and must protect
the facilities from interference. AWS licensees shall protect the facilities
from interference by restricting the operation of their base and fixed
stations from any locations that could potentially permit AWS mobile, fixed,
and portable stations transmitting in the 1710–1755 MHz band to cause
interference to government operations within the radii of operation of the
16 facilities (the radii of operation of each facility is indicated in the
third column of Table 1 immediately following paragraph (a)(3) of this
section). In addition, AWS licensees shall be required to coordinate any
operations that could permit mobile, fixed, and portable stations to operate
in the specified areas of the 16 facilities, as defined in paragraph (a)(3)
of this section. Protection of these facilities in this manner shall take
place under the following conditions:
(1) At the Yuma, Arizona and Cherry Point, North Carolina facilities, all
operations shall be protected indefinitely.
(2) At the remaining 14 facilities, airborne and military test range
operations shall be protected until such time as these systems are relocated
to other spectrum, and precision guided munitions (PGM) operations shall be
protected until such time as these systems are relocated to other spectrum
or until PGM inventory at each facility is exhausted, whichever occurs
first.
(3) AWS licensees whose transmit operations in the 1710–1755 MHz band
consist of fixed or mobile operations with nominal transmit EIRP values of
100 mW or less and antenna heights of 1.6 meters above ground or less shall
coordinate their services around the 16 sites at the distance specified in
row a. of Table 2. AWS licensees whose transmit operations in the 1710–1755
MHz band consist of fixed or mobile operations with nominal transmit EIRP
values of 1 W or less and antenna heights of 10 meters above ground or less
shall coordinate their services around the 16 sites at the distance
specified in row b. of Table 2. These coordination distances shall be
measured from the edge of the operational distances indicated in the third
column of Table 1, and coordination with each affected DoD facility shall be
accomplished through the Commander of the facility.
Table 1—Protected Department of Defense Facilities
Location Coordinates Radius of
operation
Cherry Point, NC 34°58' N 076°56' W 100
Yuma, AZ 32°32' N 113°58' W 120
China Lake, CA 35°41' N 117°41' W 120
Eglin AFB, FL 30°29' N 086°31' W 120
Pacific Missile Test Range/Point Mugu, CA 34°07' N 119°30' W 80
Nellis AFB, NV 36°14' N 115°02' W 160
Hill AFB, UT 41°07' N 111°58' W 160
Patuxent River, MD 38°17' N 076°25' W 80
White Sands Missile Range, NM 33°00' N 106°30' W 80
Fort Irwin, CA 35°16' N 116°41' W 50
Fort Rucker, AL 31°13' N 085°49' W 50
Fort Bragg, NC 35°09' N 079°01' W 50
Fort Campbell, KY 36°41' N 087°28' W 50
Fort Lewis, WA 47°05' N 122°36' W 50
Fort Benning, GA 32°22' N 084°56' W 50
Fort Stewart, GA 31°52' N 081°37' W 50
Table 2—Coordination Distances for the Protected Department Of Defense
Facilities
1710–1755 MHz transmit operations Coordination
distance
(km)
a. EIRP <=100 mW, antenna height <=1.6 m AG 35
b. EIRP <=1 W, antenna height <=10 m AG 55
(b) Protection of non-DoD operations in the 1710–1755 MHz and 1755–1761 MHz
bands. Until such time as non-DoD systems operating in the 1710–1755 MHz and
1755–1761 MHz bands are relocated to other spectrum, AWS licensees shall
protect such systems by satisfying the appropriate provisions of TIA
Telecommunications Systems Bulletin 10–F, “Interference Criteria for
Microwave Systems,” May, 1994 (TSB 10–F).
(c) Protection of Federal Government operations below 1710 MHz. AWS
licensees operating fixed stations in the 1710–1755 MHz band, if notified
that such stations are causing interference to radiosonde receivers
operating in the Meteorological Aids Service in the 1675–1700 MHz band or a
meteorological-satellite earth receiver operating in the
Meteorological-Satellite Service in the 1675–1710 MHz band, shall be
required to modify the stations' location and/or technical parameters as
necessary to eliminate the interference.
(d) Recognition of NASA Goldstone facility operations in the 2110–2120 MHz
band. The National Aeronautics and Space Administration (NASA) operates the
Deep Space Network (DSN) in the 2110–2120 MHz band at Goldstone, California
( see Table 3). NASA will continue its operations of high power transmitters
(nominal EIRP of 105.5 dBW with EIRP up to 119.5 dBW used under emergency
conditions) in this band at this location. AWS licensees must accept any
interference received from the Goldstone DSN facility in this band.
Table 3—Location of the NASA Goldstone Deep Space Facility
Location Coordinates Maximum
transmitter
output power
Goldstone, California 35°18' N 116°54' W 500 kW
§ 27.1135 Protection of non-Federal Government Meteorological-Satellite
operations.
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AWS licensees operating fixed stations in the 1710–1755 MHz band, if
notified that such stations are causing interference to
meteorological-satellite earth receivers operating in the
Meteorological-Satellite Service in the 1675–1710 MHz band, shall be
required to modify the stations' location and/or technical parameters as
necessary to eliminate the interference.
Cost-Sharing Policies Governing Microwave Relocation From the 2110–2150 MHz and
2160–2200 MHz Bands
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Source: Sections 27.1160 through 27.1174 appear at 71 FR 29835 , May 24,
2006, unless otherwise noted.
§ 27.1160 Cost-sharing requirements for AWS.
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Frequencies in the 2110–2150 MHz and 2160–2180 MHz bands listed in §101.147
of this chapter have been reallocated from Fixed Microwave Services (FMS) to
use by AWS (as reflected in §2.106) of this chapter. In accordance with
procedures specified in §22.602 and §§101.69 through 101.82 of this chapter,
AWS entities are required to relocate the existing microwave licensees in
these bands if interference to the existing microwave licensee would occur.
All AWS entities that benefit from the clearance of this spectrum by other
AWS entities or by a voluntarily relocating microwave incumbent must
contribute to such relocation costs. AWS entities may satisfy their
reimbursement requirement by entering into private cost-sharing agreements
or agreeing to terms other than those specified in §27.1164. However, AWS
entities are required to reimburse other AWS entities or voluntarily
relocating microwave incumbents that incur relocation costs and are not
parties to the alternative agreement. In addition, parties to a private
cost-sharing agreement may seek reimbursement through the clearinghouse (as
discussed in §27.1162) from AWS entities or other Emerging Technologies (ET)
entities, including Mobile Satellite Service (MSS) operators (for Ancillary
Terrestrial Component (ATC) base stations), that are not parties to the
agreement. The cost-sharing plan is in effect during all phases of microwave
relocation specified in §22.602 and 101.69 of this chapter. If an AWS
licensee enters into a spectrum leasing arrangement (as set forth in part 1,
subpart X of this chapter) and the spectrum lessee triggers a cost-sharing
obligation, the licensee is the AWS entity responsible for satisfying the
cost-sharing obligations under §§27.1160–27.1174.
§ 27.1162 Administration of the Cost-Sharing Plan.
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The Wireless Telecommunications Bureau, under delegated authority, will
select one or more entities to operate as a neutral, not-for-profit
clearinghouse(s). This clearinghouse(s) will administer the cost-sharing
plan by, inter alia, determining the cost-sharing obligation of AWS and
other ET entities for the relocation of FMS incumbents from the 2110–2150
MHz and 2160–2200 MHz bands. The clearinghouse filing requirements (see
§§27.1166(a), 27.1170) will not take effect until an administrator is
selected.
§ 27.1164 The cost-sharing formula.
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An AWS relocator who relocates an interfering microwave link, i.e. , one
that is in all or part of its market area and in all or part of its
frequency band or a voluntarily relocating microwave incumbent, is entitled
to pro rata reimbursement based on the following formula:
[er24my06.007.gif]
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(a) R Nequals the amount of reimbursement.
(b) C equals the actual cost of relocating the link(s). Actual relocation
costs include, but are not limited to, such items as: Radio terminal
equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers
and/or modifications; back-up power equipment; monitoring or control
equipment; engineering costs (design/path survey); installation; systems
testing; FCC filing costs; site acquisition and civil works; zoning costs;
training; disposal of old equipment; test equipment (vendor required); spare
equipment; project management; prior coordination notification under
§101.103(d) of this chapter; site lease renegotiation; required antenna
upgrades for interference control; power plant upgrade (if required);
electrical grounding systems; Heating Ventilation and Air Conditioning
(HVAC) (if required); alternate transport equipment; and leased facilities.
Increased recurring costs represent part of the actual cost of relocation
and, even if the compensation to the incumbent is in the form of a
commitment to pay five years of charges, the AWS or MSS/ATC relocator is
entitled to seek immediate reimbursement of the lump sum amount based on
present value using current interest rates, provided it has entered into a
legally binding agreement to pay the charges. C also includes voluntarily
relocating microwave incumbent's independent third party appraisal of its
compensable relocation costs and incumbent transaction expenses that are
directly attributable to the 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. C may not exceed $250,000 per paired link, with an
additional $150,000 permitted if a new or modified tower is required.
(c) N equals the number of AWS and MSS/ATC entities that have triggered a
cost-sharing obligation. For the AWS relocator, N =1. For the next AWS
entity triggering a cost-sharing obligation, N =2, and so on. In the case of
a voluntarily relocating microwave incumbent, N =1 for the first AWS entity
triggering a cost-sharing obligation. For the next AWS or MSS/ATC entity
triggering a cost-sharing obligation, N =2, and so on.
(d) T mequals the number of months that have elapsed between the month the
AWS or MSS/ATC relocator or voluntarily relocating microwave incumbent
obtains reimbursement rights for the link and the month in which an AWS
entity triggers a cost-sharing obligation. An AWS or MSS/ATC relocator
obtains reimbursement rights for the link on the date that it signs a
relocation agreement with a microwave incumbent. A voluntarily relocating
microwave incumbent obtains reimbursement rights for the link on the date
that the incumbent notifies the Commission that it intends to discontinue,
or has discontinued, the use of the link, pursuant to §101.305 of the
Commission's rules.
§ 27.1166 Reimbursement under the Cost-Sharing Plan.
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(a) Registration of reimbursement rights . Claims for reimbursement under
the cost-sharing plan are limited to relocation expenses incurred on or
after the date when the first AWS license is issued in the relevant AWS band
(start date). If a clearinghouse is not selected by that date (see §27.1162)
claims for reimbursement (see §27.1166) and notices of operation (see
§27.1170) for activities that occurred after the start date but prior to the
clearinghouse selection must be submitted to the clearinghouse within 30
calendar days of the selection date.
(1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator must
submit documentation of the relocation agreement to the clearinghouse within
30 calendar days of the date a relocation agreement is signed with an
incumbent. In the case of involuntary relocation, an AWS relocator or
MSS/ATC relocator must submit documentation of the relocated system within
30 calendar days after the end of the relocation.
(2) To obtain reimbursement, a voluntarily relocating microwave incumbent
must submit documentation of the relocation of the link to the clearinghouse
within 30 calendar days of the date that the incumbent notifies the
Commission that it intends to discontinue, or has discontinued, the use of
the link, pursuant to §101.305 of the Commission's rules.
(b) Documentation of expenses . Once relocation occurs, the AWS relocator,
MSS/ATC relocator, or the voluntarily relocating microwave incumbent, must
submit documentation itemizing the amount spent for items specifically
listed in §27.1164(b), as well as any reimbursable items not specifically
listed in §27.1164(b) that are directly attributable to actual relocation
costs. Specifically, the AWS relocator, MSS/ATC relocator, or the
voluntarily relocating microwave incumbent must submit, in the first
instance, only the uniform cost data requested by the clearinghouse along
with a copy, without redaction, of either the relocation agreement, if any,
or the third party appraisal described in (b)(1), if relocation was
undertaken by the microwave incumbent. AWS relocators, MSS/ATC relocators
and voluntarily relocating microwave incumbents must maintain documentation
of cost-related issues until the applicable sunset date and provide such
documentation upon request, to the clearinghouse, the Commission, or
entrants that trigger a cost-sharing obligation. If an AWS relocator pays a
microwave incumbent a monetary sum to relocate its own facilities, the AWS
relocator must estimate the costs associated with relocating the incumbent
by itemizing the anticipated cost for items listed in §27.1164(b). If the
sum paid to the incumbent cannot be accounted for, the remaining amount is
not eligible for reimbursement.
(1) Third party appraisal . The voluntarily relocating microwave incumbent,
must also submit an independent third party appraisal of its compensable
relocation costs. The appraisal should be based on the actual cost of
replacing the incumbent's system with comparable facilities and should
exclude the cost of any equipment upgrades or items outside the scope of
§27.1164(b).
(2) Identification of links . The AWS relocator, MSS/ATC relocator, or the
voluntarily relocating microwave incumbent, must identify the particular
link associated with appropriate expenses ( i.e. , costs may not be averaged
over numerous links). Where the AWS relocator, MSS/ATC relocator, or
voluntarily relocating microwave incumbent relocates both paths of a paired
channel microwave link ( e.g. , 2110–2130 MHz with 2160–2180 MHz and
2130–2150 MHz with 2180–2200 MHz), the AWS relocator, MSS/ATC relocator, or
voluntarily relocating microwave incumbent must identify the expenses
associated with each paired microwave link.
(c) Full Reimbursement . An AWS relocator who relocates a microwave link
that is either fully outside its market area or its licensed frequency band
may seek full reimbursement through the clearinghouse of compensable costs,
up to the reimbursement cap as defined in §27.1164(b). Such reimbursement
will not be subject to depreciation under the cost-sharing formula.
(d) Good Faith Requirement . New entrants and incumbent licensees are
expected to act in good faith in satisfying the cost-sharing obligations
under §§27.1160 through 27.1174. The requirement to act in good faith
extends to, but is not limited to, the preparation and submission of the
documentation required in paragraph (b) of this section.
(e) MSS Participation in the Clearinghouse . MSS operators are not required
to submit reimbursements to the clearinghouse for links relocated due to
interference from MSS space-to-Earth downlink operations, but may elect to
do so, in which case the MSS operator must identify the reimbursement claim
as such and follow the applicable procedures governing reimbursement in part
27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth
downlink operations are governed by §101.82 of this chapter.
(f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz and
2180–2200 MHz bands . Where a voluntarily relocating microwave incumbent
relocates a paired microwave link with paths in the 2130–2150 MHz and
2180–2200 MHz bands, it may not seek reimbursement from MSS operators
(including MSS/ATC operators), but is entitled to partial reimbursement from
the first AWS beneficiary, equal to fifty percent of its actual costs for
relocating the paired link, or half of the reimbursement cap in §27.1164(b),
whichever is less. This amount is subject to depreciation as specified
§27.1164(b). An AWS licensee who is obligated to reimburse relocation costs
under this rule is entitled to obtain reimbursement from other AWS
beneficiaries in accordance with §§27.1164 and 27.1168. For purposes of
applying the cost-sharing formula relative to other AWS licensees that
benefit from the self-relocation, the fifty percent attributable to the AWS
entrant shall be treated as the entire cost of the link relocation, and
depreciation shall run from the date on which the clearinghouse issues the
notice of an obligation to reimburse the voluntarily relocating microwave
incumbent. The cost-sharing obligations for MSS operators in the 2180–2200
MHz band are governed by §101.82 of this chapter.
§ 27.1168 Triggering a Reimbursement Obligation.
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(a) The clearinghouse will apply the following test to determine when an AWS
entity or MSS/ATC entity has triggered a cost-sharing obligation and
therefore must pay an AWS relocator, MSS relocator (including MSS/ATC), or a
voluntarily relocating microwave incumbent in accordance with the formula
detailed in §27.1164:
(1) All or part of the relocated microwave link was initially co-channel
with the licensed AWS band(s) of the AWS entity or the selected assignment
of the MSS operator that seeks and obtains ATC authority (see
§25.149(a)(2)(i) of this chapter);
(2) An AWS relocator, MSS relocator (including MSS/ATC) or a voluntarily
relocating microwave incumbent has paid the relocation costs of the
microwave incumbent; and
(3) The AWS or MSS entity is operating or preparing to turn on a fixed base
station (including MSS/ATC) at commercial power and the fixed base station
is located within a rectangle (Proximity Threshold) described as follows:
(i) The length of the rectangle shall be x where x is a line extending
through both nodes of the microwave link to a distance of 48 kilometers (30
miles) beyond each node. The width of the rectangle shall be y where y is a
line perpendicular to x and extending for a distance of 24 kilometers (15
miles) on both sides of x . Thus, the rectangle is represented as follows:
[er24my06.008.gif]
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(ii) If the application of the Proximity Threshold Test indicates that a
reimbursement obligation exists, the clearinghouse will calculate the
reimbursement amount in accordance with the cost-sharing formula and notify
the AWS or MSS/ATC entity of the total amount of its reimbursement
obligation.
(b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC entity
may not avoid paying its cost-sharing obligation by deconstructing or
modifying its facilities.
§ 27.1170 Payment Issues.
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Prior to initiating operations for a newly constructed site or modified
existing site, an AWS entity or MSS/ATC entity is required to file a notice
containing site-specific data with the clearinghouse. The notice regarding
the new or modified site must provide a detailed description of the proposed
site's spectral frequency use and geographic location, including but not
limited to the applicant's name and address, the name of the transmitting
base station, the geographic coordinates corresponding to that base station,
the frequencies and polarizations to be added, changed or deleted, and the
emission designator. If a prior coordination notice (PCN) under §101.103(d)
of this chapter is prepared, AWS entities can satisfy the site-data filing
requirement by submitting a copy of their PCN to the clearinghouse. AWS
entities or MSS/ATC entities that file either a notice or a PCN have a
continuing duty to maintain the accuracy of the site-specific data on file
with the clearinghouse. Utilizing the site-specific data, the clearinghouse
will determine if any reimbursement obligation exists and notify the AWS
entity or MSS/ATC entity in writing of its repayment obligation, if any.
When the AWS entity or MSS/ATC entity receives a written copy of such
obligation, it must pay directly to the relocator the amount owed within 30
calendar days.
§ 27.1172 Dispute Resolution Under the Cost-Sharing Plan.
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(a) Disputes arising out of the cost-sharing plan, such as disputes over the
amount of reimbursement required, must be brought, in the first instance, to
the clearinghouse for resolution. To the extent that disputes cannot be
resolved by the clearinghouse, parties are encouraged to use expedited
Alternative Dispute Resolution (ADR) procedures, such as binding
arbitration, mediation, or other ADR techniques.
(b) Evidentiary requirement. Parties of interest contesting the
clearinghouse's determination of specific cost-sharing obligations must
provide evidentiary support to demonstrate that their calculation is
reasonable and made in good faith. Specifically, these parties are expected
to exercise due diligence to obtain the information necessary to prepare an
independent estimate of the relocation costs in question and to file the
independent estimate and supporting documentation with the clearinghouse.
§ 27.1174 Termination of Cost-Sharing Obligations.
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The cost-sharing plan will sunset for all AWS and MSS (including MSS/ATC)
entities on the same date on which the relocation obligation for the subject
AWS band ( i.e. , 2110–2150 MHz, 2160–2175 MHz, or 2175–2180 MHz) in which
the relocated FMS link was located terminates. AWS or MSS (including
MSS/ATC) entrants that trigger a cost-sharing obligation prior to the sunset
date must satisfy their payment obligation in full.
Cost-Sharing Policies Governing Broadband Radio Service Relocation From the
2150–2160/62 MHz Band
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Source: Sections 27.1176 through 27.1190 appear at 71 FR 29835 , May 24,
2006, unless otherwise noted.
§ 27.1176 Cost-sharing requirements for AWS in the 2150–2160/62 MHz band.
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(a) Frequencies in the 2150–2160/62 MHz band have been reallocated from the
Broadband Radio Service (BRS) to AWS. All AWS entities who benefit from
another AWS entity's clearance of BRS incumbents from this spectrum,
including BRS incumbents occupying the 2150–2162 MHz band on a primary
basis, must contribute to such relocation costs. Only AWS entrants that
relocate BRS incumbents are entitled to such reimbursement.
(b) AWS entities may satisfy their reimbursement requirement by entering
into private cost-sharing agreements or agreeing to terms other than those
specified in §27.1180. However, AWS entities are required to reimburse other
AWS entities that incur relocation costs and are not parties to the
alternative agreement. In addition, parties to a private cost-sharing
agreement may seek reimbursement through the clearinghouse (as discussed in
§27.1178) from AWS entities that are not parties to the agreement. The
cost-sharing plan is in effect during all phases of BRS relocation until the
end of the period specified in §27.1190. If an AWS licensee enters into a
spectrum leasing arrangement and the spectrum lessee triggers a cost-sharing
obligation, the licensee is the AWS entity responsible for satisfying
cost-sharing obligations under these rules.
§ 27.1178 Administration of the Cost-Sharing Plan.
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The Wireless Telecommunications Bureau, under delegated authority, will
select one or more entities to operate as a neutral, not-for-profit
clearinghouse(s). This clearinghouse(s) will administer the cost-sharing
plan by, inter alia, determining the cost-sharing obligations of AWS
entities for the relocation of BRS incumbents from the 2150–2162 MHz band.
The clearinghouse filing requirements ( see §§27.1182(a), 27.1186) will not
take effect until an administrator is selected.
§ 27.1180 The cost-sharing formula.
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(a) An AWS licensee that relocates a BRS system with which it interferes is
entitled to pro rata reimbursement based on the cost-sharing formula
specified in §27.1164, except that the depreciation factor shall be
[180−T[m]]/180, and the variable C shall be applied as set forth in
paragraph (b) of this section.
(b) C is the actual cost of relocating the system, and includes, but is not
limited to, such items as: Radio terminal equipment (TX and/or RX—antenna,
necessary feed lines, MUX/Modems); towers and/or modifications; back-up
power equipment; monitoring or control equipment; engineering costs
(design/path survey); installation; systems testing; FCC filing costs; site
acquisition and civil works; zoning costs; training; disposal of old
equipment; test equipment (vendor required); spare equipment; project
management; site lease renegotiation; required antenna upgrades for
interference control; power plant upgrade (if required); electrical
grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if
required); alternate transport equipment; leased facilities; and end user
units served by the base station that is being relocated. In addition to
actual costs, C may include the cost of an independent third party appraisal
conducted pursuant to §27.1182(a)(3) and incumbent transaction expenses that
are directly attributable to the 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. There is no cap on the actual costs of relocation.
(c) An AWS system shall be considered an interfering system for purposes of
this rule if the AWS system is in all or part of the BRS frequency band and
operates within line of sight to BRS operations under the applicable test
specified in §27.1184. An AWS relocator that relocates a BRS system with
which it does not interfere is entitled to full reimbursement, as specified
in §27.1182(c).
§ 27.1182 Reimbursement under the Cost-Sharing Plan.
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(a) Registration of reimbursement rights. (1) To obtain reimbursement, an
AWS relocator must submit documentation of the relocation agreement to the
clearinghouse within 30 calendar days of the date a relocation agreement is
signed with an incumbent. In the case of involuntary relocation, an AWS
relocator must submit documentation of the relocated system within 30
calendar days after the end of the one-year trial period.
(2) Registration of any BRS system shall include:
(i) A description of the system's frequency use;
(ii) If the system exclusively provides one-way transmissions to
subscribers, the Geographic Service Area of the system; and
(iii) If the system does not exclusively provide one-way transmission to
subscribers, the system hub antenna's geographic location and the above
ground level height of the system's receiving antenna centerline.
(3) The AWS relocator must also include with its system registration an
independent third party appraisal of the compensable relocation costs. The
appraisal should be based on the actual cost of replacing the incumbent's
system with comparable facilities and should exclude the cost of any
equipment upgrades that are not necessary to the provision of comparable
facilities. An AWS relocator may submit registration without a third party
appraisal if it consents to binding resolution by the clearinghouse of any
good faith cost disputes regarding the reimbursement claim, under the
following standard: The relocator shall bear the burden of proof, and be
required to demonstrate by clear and convincing evidence that its request
does not exceed the actual cost of relocating the relevant BRS system or
systems to comparable facilities. Failure to satisfy this burden of proof
will result in loss of rights to subsequent reimbursement of the disputed
costs from any AWS licensee.
(b) Documentation of expenses. Once relocation occurs, the AWS relocator
must submit documentation itemizing the amount spent for items specifically
listed in §27.1180(b), as well as any reimbursable items not specifically
listed in §27.1180(b) that are directly attributable to actual relocation
costs. Specifically, the AWS relocator must submit, in the first instance,
only the uniform cost data requested by the clearinghouse along with copies,
without redaction, of the relocation agreement, if any, and the third party
appraisal described in (a)(3), of this section, if prepared. The AWS
relocator must identify the particular system associated with appropriate
expenses ( i.e. , costs may not be averaged over numerous systems). If an
AWS relocator pays a BRS incumbent a monetary sum to relocate its own
facilities in whole or in part, the AWS relocator must itemize the actual
costs to the extent determinable, and otherwise must estimate the actual
costs associated with relocating the incumbent and itemize these costs. If
the sum paid to the incumbent cannot be accounted for, the remaining amount
is not eligible for reimbursement. All AWS relocators seeking reimbursement
through the clearinghouse have an ongoing duty to maintain all relevant
records of BRS relocation-related expenses until the sunset of cost-sharing
obligations, and to provide, upon request, such documentation, including a
copy of the independent appraisal if one was conducted, to the
clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing
obligation.
(c) Full reimbursement. An AWS relocator who relocates a BRS system that is
either:
(1) Wholly outside its frequency band; or
(2) Not within line of sight of the relocator's transmitting base station
may seek full reimbursement through the clearinghouse of compensable costs.
Such reimbursement will not be subject to depreciation under the
cost-sharing formula.
(d) Good Faith Requirement. New entrants and incumbent licensees are
expected to act in good faith in satisfying the cost-sharing obligations
under §§27.1176 through 27.1190. The requirement to act in good faith
extends to, but is not limited to, the preparation and submission of the
documentation required in paragraph (b) of this section.
§ 27.1184 Triggering a reimbursement obligation.
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(a) The clearinghouse will apply the following test to determine when an AWS
entity has triggered a cost-sharing obligation and therefore must pay an AWS
relocator of a BRS system in accordance with the formula detailed in
§27.1180:
(1) All or part of the relocated BRS system was initially co-channel with
the licensed AWS band(s) of the AWS entity;
(2) An AWS relocator has paid the relocation costs of the BRS incumbent; and
(3) The other AWS entity has turned on or is preparing to turn on a fixed
base station at commercial power and the incumbent BRS system would have
been within the line of sight of the AWS entity's fixed base station,
defined as follows.
(i) For a BRS system using the 2150–2160/62 MHz band exclusively to provide
one-way transmissions to subscribers, the clearinghouse will determine
whether there is an unobstructed signal path (line of sight) to the
incumbent licensee's geographic service area (GSA), based on the following
criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use
of the actual transmitting antenna height and terrain elevation, and
assumption of 4/3 Earth radius propagation conditions. Terrain elevation
data must be obtained from the U.S. Geological Survey (USGS) 3-second
database. All coordinates used in carrying out the required analysis shall
be based upon use of NAD–83.
(ii) For all other BRS systems using the 2150–2160/62 MHz band, the
clearinghouse will determine whether there is an unobstructed signal path
(line of sight) to the incumbent licensee's receive station hub using the
method prescribed in “Methods for Predicting Interference from Response
Station Transmitters and to Response Station Hubs and for Supplying Data on
Response Station Systems. MM Docket 97–217,” in Amendment of 47 CFR parts 1,
21 and 74 to Enable Multipoint Distribution Service and Instructional
Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions,
MM Docket No. 97–217, Report and Order on Further Reconsideration and
Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix
D.
(b) If the application of the trigger test described in paragraphs (a)(3)(i)
and (ii) of this section, indicates that a reimbursement obligation exists,
the clearinghouse will calculate the reimbursement amount in accordance with
the cost-sharing formula and notify the subsequent AWS entity of the total
amount of its reimbursement obligation.
(c) Once a reimbursement obligation is triggered, the AWS entity may not
avoid paying its cost-sharing obligation by deconstructing or modifying its
facilities.
§ 27.1186 Payment issues.
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Payment of cost-sharing obligations for the relocation of BRS systems in the
2150–60/62 MHz band is subject to the rules set forth in §27.1170. If an AWS
licensee is initiating operations for a newly constructed site or modified
existing site in licensed bands overlapping the 2150–2160/62 MHz band, the
AWS licensee must file with the clearinghouse, in addition to the
site-specific data required by §27.1170, the above ground level height of
the transmitting antenna centerline. AWS entities have a continuing duty to
maintain the accuracy of the site-specific data on file with the
clearinghouse.
[At 71 FR 29835 , May 24, 2006, as amended at 72 FR 41939 , Aug. 1, 2007]
§ 27.1188 Dispute resolution under the Cost-Sharing Plan.
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(a) Disputes arising out of the cost-sharing plan, such as disputes over the
amount of reimbursement required, must be brought, in the first instance, to
the clearinghouse for resolution. To the extent that disputes cannot be
resolved by the clearinghouse, parties are encouraged to use expedited
Alternative Dispute Resolution (ADR) procedures, such as binding
arbitration, mediation, or other ADR techniques.
(b) Evidentiary requirement. Parties of interest contesting the
clearinghouse's determination of specific cost-sharing obligations must
provide evidentiary support to demonstrate that their calculation is
reasonable and made in good faith. Specifically, these parties are expected
to exercise due diligence to obtain the information necessary to prepare an
independent estimate of the relocation costs in question and to file the
independent estimate and supporting documentation with the clearinghouse.
§ 27.1190 Termination of cost-sharing obligations.
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The plan for cost-sharing in connection with BRS relocation will sunset for
all AWS entities fifteen years after the relocation sunset period for BRS
relocation commences, i.e. , fifteen years after the first AWS licenses are
issued in any part of the 2150–2162 MHz band. AWS entrants that trigger a
cost-sharing obligation prior to the sunset date must satisfy their payment
obligation in full.
Subpart M—Broadband Radio Service and Educational Broadband Service
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Source: 69 FR 72034 , Dec. 10, 2004, unless otherwise noted.
§ 27.1200 Change to BRS and EBS.
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(a) As of January 10, 2005, licensees assigned to the Multipoint
Distribution Service (MDS) and the Multichannel Multipoint Distribution
Service (MMDS) shall be reassigned to the Broadband Radio Service (BRS) and
licensees in the Instructional Television Fixed Service (ITFS) shall be
reassigned to the Educational Broadband Service (EBS).
§ 27.1201 EBS eligibility.
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(a) A license for an Educational Broadband Service station will be issued
only to an accredited institution or to a governmental organization engaged
in the formal education of enrolled students or to a nonprofit organization
whose purposes are educational and include providing educational and
instructional television material to such accredited institutions and
governmental organizations, and which is otherwise qualified under the
statutory provisions of the Communications Act of 1934, as amended.
(1) A publicly supported educational institution must be accredited by the
appropriate State department of education.
(2) A privately controlled educational institution must be accredited by the
appropriate State department of education or the recognized regional and
national accrediting organizations.
(3) Those applicant organizations whose eligibility is established by
service to accredited institutional or governmental organizations must
submit documentation from proposed receive sites demonstrating that they
will receive and use the applicant's educational usage. In place of this
documentation, a state educational television (ETV) commission may
demonstrate that the public schools it proposes to serve are required to use
its proposed educational usage. Documentation from proposed receive sites
which are to establish the eligibility of an entity not serving its own
enrolled students for credit should be in letter form, written and signed by
an administrator or authority who is responsible for the receive site's
curriculum planning. No receive site more than 35 miles from the transmitter
site shall be used to establish basic eligibility. The administrator must
indicate that the applicant's program offerings have been viewed and that
such programming will be incorporated in the site's curriculum. The letter
should discuss the types of programming and hours per week of formal and
informal programming expected to be used and the site's involvement in the
planning, scheduling and production of programming. If other levels of
authority must be obtained before a firm commitment to utilize the service
can be made, the nature and extent of such additional authorization(s) must
be provided.
(4) Nonlocal applicants, in addition to submitting letters from proposed
receive sites, must demonstrate the establishment of a local program
committee in each community where they apply. Letters submitted on behalf of
a nonlocal entity must confirm that a member of the receive site's staff
will serve on the local program committee and demonstrate a recognition of
the composition and power of the committee. The letter should show that the
staff member will aid in the selection, scheduling and production of the
programming received over the system.
(b) No numerical limit is placed on the number of stations which may be
licensed to a single licensee. A single license may be issued for more than
one transmitter if they are to be located at a common site and operated by
the same licensee. Applicants are expected to accomplish the proposed
operation by the use of the smallest number of channels required to provide
the needed service.
(c) [Reserved]
(d) This paragraph applies to EBS licensees and applications licensed or
filed pursuant to the provisions of §27.1201(c) contained in the edition of
47 CFR parts 20 to 39, revised as of October 1, 2005, or §§74.990 through
74.992 contained in the edition of 47 CFR parts 70 to 79, revised as of
October 1, 2004, of this chapter, and that do not meet the eligibility
requirements of paragraph (a) of this section. Such licensees may continue
to operate pursuant to the terms of their existing licenses, and their
licenses may be renewed, assigned, or transferred, so long as the licensee
is otherwise in compliance with this chapter. Applications filed pursuant to
the provisions of former §27.1201(c) or §§74.990 through 74.992 of this
chapter may be processed and granted, so long as such applications were
filed prior to July 19, 2006.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006]
§ 27.1202 Cable/BRS cross-ownership.
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(a) Initial or modified authorizations for BRS stations may not be granted
to a cable operator if a portion of the BRS station's protected services
area is within the portion of the franchise area actually served by the
cable operator's cable system and the cable operator will be using the BRS
station as a multichannel video programming distributor (as defined in
§76.64(d) of this chapter). No cable operator may acquire such authorization
either directly, or indirectly through an affiliate owned, operated, or
controlled by or under common control with a cable operator if the cable
operator will use the BRS station as a multichannel video programming
distributor.
(b) No licensee of a station in this service may lease transmission time or
capacity to a cable operator either directly, or indirectly through an
affiliate owned, operated, controlled by, or under common control with a
cable operator, if a portion of the BRS station's protected services area is
within the portion of the franchise area actually served by the cable
operator's cable system the cable operator will use the BRS station as a
multichannel video programming distributor.
(c) Applications for new stations, station modifications, assignments or
transfers of control by cable operators of BRS stations shall include a
showing that no portion of the GSA of the BRS station is within the portion
of the franchise area actually served by the cable operator's cable system,
or of any entity indirectly affiliated, owned, operated, controlled by, or
under common control with the cable operator. Alternatively, the cable
operator may certify that it will not use the BRS station to distribute
multichannel video programming.
(d) In applying the provisions of this section, ownership and other
interests in BRS licensees or cable television systems will be attributed to
their holders and deemed cognizable pursuant to the following criteria:
(1) Except as otherwise provided herein, partnership and direct ownership
interests and any voting stock interest amounting to 5% or more of the
outstanding voting stock of a corporate BRS licensee or cable television
system will be cognizable;
(2) Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies
and banks holding stock through their trust departments in trust accounts
will be considered to have a cognizable interest only if they hold 20% or
more of the outstanding voting stock of a corporate BRS licensee or cable
television system, or if any of the officers or directors of the BRS
licensee or cable television system are representatives of the investment
company, insurance company or bank concerned. Holdings by a bank or
insurance company will be aggregated if the bank or insurance company has
any right to determine how the stock will be voted. Holdings by investment
companies will be aggregated if under common management.
(3) Attribution of ownership interests in a BRS licensee or cable television
system that are held indirectly by any party through one or more intervening
corporations will be determined by successive multiplication of the
ownership percentages for each link in the vertical ownership chain and
application of the relevant attribution benchmark to the resulting product,
except that wherever the ownership percentage for any link in the chain
exceeds 50%, it shall not be included for purposes of this multiplication.
For purposes of paragraph (d)(9) of this section, attribution of ownership
interests in a BRS licensee or cable television system that are held
indirectly by any party through one or more intervening organizations will
be determined by successive multiplication of the ownership percentages for
each link in the vertical ownership chain and application of the relevant
attribution benchmark to the resulting product, and the ownership percentage
for any link in the chain that exceeds 50% shall be included for purposes of
this multiplication. For example, except for purposes of paragraph (d)(9) of
this section, if A owns 10% of company X, which owns 60% of company Y, which
owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the
same as Y's interest because X's interest in Y exceeds 50%), and A's
interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution
benchmark, X's interest in “Licensee” would be cognizable, while A's
interest would not be cognizable. For purposes of paragraph (d)(9) of this
section, X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's
interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest
would be attributed under paragraph (d)(9) of this section.
(4) Voting stock interests held in trust shall be attributed to any person
who holds or shares the power to vote such stock, to any person who has the
sole power to sell such stock, and to any person who has the right to revoke
the trust at will or to replace the trustee at will. If the trustee has a
familial, personal or extra-trust business relationship to the grantor or
the beneficiary, the grantor or beneficiary, as appropriate, will be
attributed with the stock interests held in trust. An otherwise qualified
trust will be ineffective to insulate the grantor or beneficiary from
attribution with the trust's assets unless all voting stock interests held
by the grantor or beneficiary in the relevant BRS licensee or cable
television system are subject to said trust.
(5) Subject to paragraph (d)(9) of this section, holders of non-voting stock
shall not be attributed an interest in the issuing entity. Subject to
paragraph (d)(9) of this section, holders of debt and instruments such as
warrants, convertible debentures, options or other non-voting interests with
rights of conversion to voting interests shall not be attributed unless and
until conversion is effected.
(6)(i) A limited partnership interest shall be attributed to a limited
partner unless that partner is not materially involved, directly or
indirectly, in the management or operation of the BRS or cable television
activities of the partnership and the licensee or system so certifies. An
interest in a Limited Liability Company (“LLC”) or Registered Limited
Liability Partnership (“RLLP”) shall be attributed to the interest holder
unless that interest holder is not materially involved, directly or
indirectly, in the management or operation of the BRS or cable television
activities of the partnership and the licensee or system so certifies.
(ii) For a licensee or system that is a limited partnership to make the
certification set forth in paragraph (d)(6)(i) of this section, it must
verify that the partnership agreement or certificate of limited partnership,
with respect to the particular limited partner exempt from attribution,
establishes that the exempt limited partner has no material involvement,
directly or indirectly, in the management or operation of the BRS or cable
television activities of the partnership. For a licensee or system that is
an LLC or RLLP to make the certification set forth in paragraph (d)(6)(i) of
this section, it must verify that the organizational document, with respect
to the particular interest holder exempt from attribution, establishes that
the exempt interest holder has no material involvement, directly or
indirectly, in the management or operation of the BRS or cable television
activities of the LLC or RLLP. Irrespective of the terms of the certificate
of limited partnership or partnership agreement, or other organizational
document in the case of an LLC or RLLP, however, no such certification shall
be made if the individual or entity making the certification has actual
knowledge of any material involvement of the limited partners, or other
interest holders in the case of an LLC or RLLP, in the management or
operation of the BRS or cable television businesses of the partnership or
LLC or RLLP.
(iii) In the case of an LLC or RLLP, the licensee or system seeking
installation shall certify, in addition, that the relevant state statute
authorizing LLCs permits an LLC member to insulate itself as required by our
criteria.
(7) Officers and directors of a BRS licensee or cable television system are
considered to have a cognizable interest in the entity with which they are
so associated. If any such entity engages in businesses in addition to its
primary business of BRS or cable television service, it may request the
Commission to waive attribution for any officer or director whose duties and
responsibilities are wholly unrelated to its primary business. The officers
and directors of a parent company of a BRS licensee or cable television
system, with an attributable interest in any such subsidiary entity, shall
be deemed to have a cognizable interest in the subsidiary unless the duties
and responsibilities of the officer or director involved are wholly
unrelated to the BRS licensee or cable television system subsidiary, and a
statement properly documenting this fact is submitted to the Commission. The
officers and directors of a sister corporation of a BRS licensee or cable
television system shall not be attributed with ownership of these entities
by virtue of such status.
(8) Discrete ownership interests will be aggregated in determining whether
or not an interest is cognizable under this section. An individual or entity
will be deemed to have a cognizable investment if:
(i) The sum of the interests held by or through “passive investors” is equal
to or exceeds 20 percent; or
(ii) The sum of the interests other than those held by or through “passive
investors” is equal to or exceeds 5 percent; or
(iii) The sum of the interests computed under paragraph (d)(8)(i) of this
section plus the sum of the interests computed under paragraph (d)(8)(ii) of
this section equal to or exceeds 20 percent.
(9) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, the holder
of an equity or debt interest or interests in a BRS licensee or cable
television system subject to the BRS/cable cross-ownership rule (“interest
holder”) shall have that interest attributed if:
(i) The equity (including all stockholdings, whether voting or nonvoting,
common or preferred) and debt interest or interests, in the aggregate,
exceed 33 percent of the total asset value (all equity plus all debt) of
that BRS licensee or cable television system; and
(ii) The interest holder also holds an interest in a BRS licensee or cable
television system that is attributable under this section (other than this
paragraph) and which operates in any portion of the franchise area served by
that cable operator's cable system.
(10) The term “area served by a cable system” means any area actually passed
by the cable operator's cable system and which can be connected for a
standard connection fee.
(11) As used in this section “cable operator” shall have the same definition
as in §76.5 of this chapter.
(e) The Commission will entertain requests to waive the restrictions in
paragraph (a) of this section where necessary to ensure that all significant
portions of the franchise area are able to obtain multichannel video
service.
(f) The provisions of paragraphs (a) through (e) of this section will not
apply to one BRS channel used to provide locally-produced programming to
cable headends. Locally-produced programming is programming produced in or
near the cable operator's franchise area and not broadcast on a television
station available within that franchise area. A cable operator will be
permitted one BRS channel for this purpose, and no more than one BRS channel
may be used by a cable television company or its affiliate or lessor
pursuant to this paragraph. The licensee for a cable operator providing
local programming pursuant to a lease must include in a notice filed with
the Wireless Telecommunications Bureau a cover letter explicitly identifying
itself or its lessees as a local cable operator and stating that the lease
was executed to facilitate the provision of local programming. The first
application or the first lease notification in an area filed with the
Commission will be entitled to the exemption. The limitations on one BRS
channel per party and per area include any cable/BRS operations or cable/EBS
operations. The cable operator must demonstrate in its BRS application that
the proposed local programming will be provided within one year from the
date its application is granted. Local programming service pursuant to a
lease must be provided within one year of the date of the lease or one year
of grant of the licensee's application for the leased channel, whichever is
later. If a BRS license for these purposes is granted and the programming is
subsequently discontinued, the license will be automatically forfeited the
day after local programming service is discontinued.
(g) Applications filed by cable television companies, or affiliates, for BRS
channels prior to February 8, 1990, will not be subject to the prohibitions
of this section. Applications filed on February 8, 1990, or thereafter will
be returned. Lease arrangements between cable and BRS entities for which a
lease or a firm agreement was signed prior to February 8, 1990, will also
not be subject to the prohibitions of this section. Leases between cable
television companies, or affiliates, and BRS station licensees, conditional
licensees, or applicants executed on February 8, 1990, or thereafter, are
invalid.
(1) Applications filed by cable operators, or affiliates, for BRS channels
prior to February 8, 1990, will not be subject to the prohibitions of this
section. Except as provided in paragraph (g)(2)of this section, applications
filed on February 8, 1990, or thereafter will be returned. Lease
arrangements between cable and BRS entities for which a lease or a firm
agreement was signed prior to February 8, 1990, will also not be subject to
the prohibitions of this section. Except as provided in paragraph (g)(2) of
this section, leases between cable operators, or affiliates, and BRS/EBS
station licensees, conditional licensees, or applicants executed on or
before February 8, 1990, or thereafter are invalid.
(2) Applications filed by cable operators, or affiliates for BRS channels
after February 8, 1990, and prior to October 5, 1992, will not be subject to
the prohibition of this section, if, pursuant to the then existing overbuild
or rural exceptions, the applications were allowed under the then existing
cable/BRS cross-ownership prohibitions. Lease arrangements between cable
operators and BRS entities for which a lease or firm agreement was signed
after February 8, 1990, and prior to October 5, 1992, will not be subject to
the prohibitions of this section, if, pursuant to the then existing rural
and overbuild exceptions, the lease arrangements were allowed.
(3) The limitations on cable television ownership in this section do not
apply to any cable operator in any franchise area in which a cable operator
is subject to effective competition as determined under section 623(l) of
the Communications Act.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006]
§ 27.1203 EBS programming requirements.
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(a) Except as provided in paragraphs (b), (c), and (d) of this section, BRS
and EBS licensees are authorized to provide fixed or mobile service, except
aeronautical mobile service, subject to the technical requirements of
subparts C and M of this part.
(b) Educational Broadband Service stations are intended primarily through
video, data, or voice transmissions to further the educational mission of
accredited public and private schools, colleges and universities providing a
formal educational and cultural development to enrolled students. Authorized
educational broadband channels must be used to further the educational
mission of accredited schools offering formal educational courses to
enrolled students.
(c) In furtherance of the educational mission of accredited schools,
Educational Broadband Service stations may be used for:
(1) In-service training and instruction in special skills and safety
programs, extension of professional training, informing persons and groups
engaged in professional and technical activities of current developments in
their particular fields, and other similar endeavors;
(2) Transmission of material directly related to the administrative
activities of the licensee, such as the holding of conferences with
personnel, distribution of reports and assignments, exchange of data and
statistics, and other similar uses.
(d) Stations, including high-power EBS signal booster stations, may be
licensed in the EBS as originating or relay stations to interconnect
educational broadband fixed stations in adjacent areas, to deliver
instructional and cultural material to, and obtain such material from,
commercial and noncommercial educational television broadcast stations for
use on the educational broadband system, and to deliver instructional and
cultural material to, and obtain such material from, nearby terminals or
connection points of closed circuit educational television systems employing
wired distribution systems or radio facilities authorized under other parts
of this chapter, or to deliver instructional and cultural material to any
cable television system serving a receiving site or sites which would be
eligible for direct reception of EBS signals under the provisions of
§27.1201.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006]
§ 27.1206 Geographic Service Area.
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(a) The Geographic Service Area (GSA) is either:
(1) The area for incumbent site-based licensees that is bounded by a circle
having a 35 mile radius and centered at the station's reference coordinates,
which was the previous PSA entitled to incumbent licensees prior to January
10, 2005, and is bounded by the chord(s) drawn between intersection points
of the licensee's previous 35 mile PSA and those of respective adjacent
market, co-channel licensees; or:
(2) The BTA that is licensed to the respective BRS BTA authorization holder
subject to the exclusion of overlapping, co-channel incumbent GSAs as
described in paragraph (a)(1) of this section.
(b) If the license for an incumbent BRS station cancels or is forfeited, the
GSA area of the incumbent station shall dissolve and the right to operate in
that area automatically reverts to the GSA licensee that held the
corresponding BTA.
§ 27.1207 BTA license authorization.
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(a) Winning bidders must file an application (FCC Form 601) for an initial
authorization in each market and frequency block.
(b) Blanket licenses are granted for each market and frequency block.
Blanket licenses cover all mobile and response stations. Blanket licenses
also cover all fixed stations anywhere within the authorized service area,
except as follows:
(1) A station would be required to be individually licensed if
(i) International agreements require coordination;
(ii) Submission of an Environmental Assessment is required under §1.1307 of
this chapter;
(iii) The station would affect the radio quiet zones under §1.924 of this
chapter.
(2) Any antenna structure that requires notification to the Federal Aviation
Administration (FAA) must be registered with the Commission prior to
construction under §17.4 of this chapter.
§ 27.1208 Service areas.
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Most BRS/EBS service areas are Basic Trading Areas (BTAs). BTAs are based on
the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
pages 38–39. The following are additional BRS or EBS service areas in places
where Rand McNally has not defined BTAs: American Samoa; Guam; Northern
Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto
Rico; and the United States Virgin Islands. The Mayaguez/Aguadilla-Ponce,
PR, service area consists of the following municipios: Adjuntas, Aguada,
Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla,
Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao,
Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincón,
Sabana Grande, Salinas, San German, Santa Isabel, Villalba and Yauco. The
San Juan service area consists of all other municipios in Puerto Rico.
§ 27.1209 Conversion of incumbent EBS and BRS stations to geographic area
licensing.
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(a) Any EBS or BRS station licensed by the Commission, other than BTA
authorizations and facilities authorized pursuant to BTA authorizations,
shall be considered an incumbent station.
(b) As of January 10, 2005, all incumbent EBS and BRS licenses shall be
converted to a geographic area license. Pursuant to that geographic area
license, such incumbent licensees may modify their systems provided the
modified system complies with the applicable rules. The blanket license
covers all fixed stations anywhere within the authorized service area,
except as follows:
(1) A station would be required to be individually licensed if
(i) International agreements require coordination;
(ii) Submission of an Environmental Assessment is required under §1.1307 of
this chapter;
(iii) The station would affect the radio quiet zones under §1.924 of this
chapter.
(2) Any antenna structure that requires notification to the Federal Aviation
Administration (FAA) must be registered with the Commission prior to
construction under §17.4 of this chapter.
(c) The frequencies associated with incumbent authorizations that have been
cancelled automatically or otherwise been recovered by the Commission will
automatically revert to the applicable BTA licensee.
§ 27.1210 Remote control operation.
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Licensed BRS/EBS stations may be operated by remote control without further
authority.
§ 27.1211 Unattended operation.
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Unattended operation of licensed BRS/EBS stations is permitted without
further authority. An unattended relay station may be employed to receive
and retransmit signals of another station provided that the transmitter is
equipped with circuits which permit it to radiate only when the signal
intended to be retransmitted is present at the receiver input terminals.
§ 27.1212 License term.
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(a) BRS/EBS licenses shall be issued for a period of 10 years beginning with
the date of grant.
(b) An initial BTA authorization shall be issued for a period of ten years
from the date the Commission declared bidding closed in the MDS auction.
§ 27.1213 Designated entity provisions for BRS in Commission auctions
commencing prior to January 1, 2004.
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(a) Eligibility for small business provisions. For purposes of Commission
auctions commencing prior to January 1, 2004 for BRS licenses, a small
business is an entity that together with its affiliates has average annual
gross revenues that are not more than $40 million for the preceding three
calendar years.
(b) Designated entities. As specified in this section, designated entities
that are winning bidders in Commission auctions commencing prior to January
1, 2004 for BTA service areas are eligible for special incentives in the
auction process. See 47 CFR 1.2110.
(c) Installment payments. Small businesses and small business consortia may
elect to pay the full amount of their winning bids in Commission auctions
commencing prior to January 1, 2004 for BTA service areas in installments
over a ten (10) year period running from the date that their BTA
authorizations are issued.
(1) Upon issuance of a BTA authorization to a winning bidder in a Commission
auction commencing prior to January 1, 2004 that is eligible for installment
payments, the Commission will notify such eligible BTA authorization holder
of the terms of its installment payment plan. For BRS, such installment
payment plans will:
(i) Impose interest based on the rate of ten (10) year U.S. Treasury
obligations at the time of issuance of the BTA authorization, plus two and
one half (2.5) percent;
(ii) Allow installment payments for a ten (10) year period running from the
date that the BTA authorization is issued;
(iii) Begin with interest-only payments for the first two (2) years; and
(iv) Amortize principal and interest over the remaining years of the ten
(10) year period running from the date that the BTA authorization is issued.
(2) Conditions and obligations. See §1.2110(g)(4) of this chapter.
(3) Unjust enrichment. If an eligible BTA authorization holder that utilizes
installment financing under this subsection seeks to partition, pursuant to
applicable rules, a portion of its BTA containing one-third or more of the
population of the area within its control in the licensed BTA to an entity
not meeting the eligibility standards for installment payments, the holder
must make full payment of the remaining unpaid principal and any unpaid
interest accrued through the date of partition as a condition of approval.
(d) Reduced upfront payments. For purposes of Commission auctions commencing
prior to January 1, 2004 for BRS licenses, a prospective bidder that
qualifies as a small business, or as a small business consortia, is eligible
for a twenty-five (25) percent reduction in the amount of the upfront
payment otherwise required. To be eligible to bid on a particular BTA, a
small business will be required to submit an upfront payment equal to
seventy-five (75) percent of the upfront payment amount specified for that
BTA in the public notice listing the upfront payment amounts corresponding
to each BTA service area being auctioned.
(e) Bidding credits. For purposes of Commission auctions commencing prior to
January 1, 2004 for BRS licenses, a winning bidder that qualifies as a small
business, or as a small business consortia, may use a bidding credit of
fifteen (15) percent to lower the cost of its winning bid on any of the BTA
authorizations awarded in the Commission BRS auctions commencing prior to
January 1, 2004.
(f) Short-form application certification; Long-form application or statement
of intention disclosure. A BRS applicant in a Commission auction commencing
prior to January 1, 2004 claiming designated entity status shall certify on
its short-form application that it is eligible for the incentives claimed. A
designated entity that is a winning bidder for a BTA service area(s) shall,
in addition to information otherwise required, file an exhibit to either its
initial long-form application for a BRS station license, or to its statement
of intention with regard to the BTA, which discloses the gross revenues for
each of the past three years of the winning bidder and its affiliates. This
exhibit shall describe how the winning bidder claiming status as a
designated entity satisfies the designated entity eligibility requirements,
and must list and summarize all agreements that affect designated entity
status, such as partnership agreements, shareholder agreements, management
agreements and other agreements, including oral agreements, which establish
that the designated entity will have both de facto and de jure control of
the entity. See 47 CFR 1.2110(i).
(g) Records maintenance. All holders of BTA authorizations acquired in a
Commission auction commencing prior to January 1, 2004 that claim designated
entity status shall maintain, at their principal place of business or with
their designated agent, an updated documentary file of ownership and revenue
information necessary to establish their status. Holders of BTA
authorizations or their successors in interest shall maintain such files for
a ten (10) year period running from the date that their BTA authorizations
are issued. The files must be made available to the Commission upon request.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006]
§ 27.1214 EBS spectrum leasing arrangements and grandfathered leases.
top
(a) A licensee in the EBS that is solely utilizing analog transmissions may
enter into a spectrum leasing arrangement to transmit material other than
the educational programming defined in §27.1203(b) and (c) subject to the
following conditions:
(1) Before entering into a spectrum leasing arrangement involving material
other than educational programming on any one channel, the licensee must
provide at least 20 hours per week of EBS educational programming (as
defined in §27.1203(b) and (c)) on that channel, except as provided in
paragraphs (a)(2) and (a)(3) of this section. An additional 20 hours per
week per channel must be strictly reserved for EBS use and not used for
non-EBS purposes, or reserved for recapture by the EBS licensee for its EBS
educational usage, subject to one year's advance, written notification by
the EBS licensee to its lessee and accounting for all recapture already
exercised, with no economic or operational detriment to the licensee. These
hours of recapture are not restricted as to time of day or day of the week,
but may be established by negotiations between the EBS licensee and the
lessee. The 20 hours per channel per week EBS educational usage requirement
and the recapture and/or reservation requirement of an additional 20 hours
per channel per week shall apply spectrally over the licensee's whole actual
service area.
(2) For the first two years of operation, an EBS entity may enter into a
spectrum leasing arrangement involving material other than educational
programming if it provides EBS educational usage for at least 12 hours per
channel per week, provided that the entity does not employ channel loading
technology.
(3) The licensee may shift its requisite EBS educational usage onto fewer
than its authorized number of channels, via channel mapping or channel
loading technology, so that it can enter into a spectrum leasing arrangement
involving full-time channel capacity on its EBS station and/or associated
EBS booster stations, subject to the condition that it provide a total
average of at least 20 hours per channel per week of EBS educational usage
on its authorized channels. The use of channel mapping or channel loading
consistent with the Rules shall not be considered adversely to the EBS
licensee in seeking a license renewal. The licensee also retains the
unabridgeable right to recapture, subject to six months' advance written
notification by the EBS licensee to the spectrum lessee, an average of an
additional 20 hours per channel per week, accounting for all recapture
already exercised. Regardless of whether the licensee has educational
receive sites within its GSA, the licensee may lease booster stations in the
entire GSA, provided that the licensee maintains the unabridgeable right to
ready recapture at least 40 hours per channel per week for EBS educational
usage. The licensee may agree to the transmission of this recapture time on
channels not authorized to it, but which are included in the wireless system
of which it is a part. A licensee under this paragraph which enters into a
spectrum leasing arrangement on any one of its channels to an operator may
“channel shift” pursuant to and under the conditions of paragraph (d)(2) of
this section.
(b) A licensee utilizing digital transmissions on any of its licensed
channels may enter into a spectrum leasing arrangement to transmit material
other than the educational programming defined in §27.1203(b) and (c),
subject to the following conditions:
(1) The licensee must reserve a minimum of 5% of the capacity of its
channels for educational uses consistent with §27.1203 paragraphs (b) and
(c), and may not enter into a spectrum leasing arrangement involving this
reserved capacity. In addition, before leasing excess capacity, the licensee
must provide at least 20 hours per licensed channel per week of EBS
educational usage. This 5% reservation and this 20 hours per licensed
channel per week EBS educational usage requirement shall apply spectrally
over the licensee's whole actual service area. However, regardless of
whether the licensee has an educational receive site within its GSA served
by a booster, the licensee may lease excess capacity without making at least
20 hours per licensed channel per week of EBS educational usage, provided
that the licensee maintains the unabridgeable right to recapture on one
months' advance notice such capacity as it requires over and above the 5%
reservation to make at least 20 hours per channel per week of EBS
educational usage.
(2) The licensee may shift its requisite EBS educational usage onto fewer
than its authorized number of channels, via channel mapping or channel
loading technology, and may shift its requisite EBS educational usage onto
channels not authorized to it, but which are included in the wireless system
of which it is a part (“channel shifting”), so that it can enter into a
spectrum leasing arrangement involving full-time channel capacity on its EBS
station, associated EBS booster stations, and/or EBS response stations and
associated response station hubs, subject to the condition that it provide a
total average of at least 20 hours per licensed channel per week of EBS
educational usage. The use of channel mapping, channel loading, and/or
channel shifting consistent with the Rules shall not be considered adversely
to the EBS licensee in seeking a license renewal. In addition, an EBS entity
receiving interference protection will continue to receive such protection
if it elects to swap channels with another EBS or BRS station.
(c) All spectrum leasing arrangements involving EBS spectrum must afford the
EBS licensee an opportunity to purchase or to lease dedicated or common EBS
equipment used for educational purposes in the event that the spectrum
leasing arrangement is terminated.
(d) All leases of current EBS spectrum entered into prior to January 10,
2005 and in compliance with leasing rules formerly contained in part 74 of
this chapter may continue in force and effect, notwithstanding any
inconsistency between such leases and the rules applicable to spectrum
leasing arrangements set forth in this chapter. Such leases entered into
pursuant to the former part 74 rules of this chapter may be renewed and
assigned in accordance with the terms of such lease. All spectrum leasing
arrangements leases entered into after January 10, 2005, pursuant to the
rules set forth in part 1 and part 27 of this chapter, must comply with the
rules in those parts.
(e) The maximum permissible term of an EBS spectrum leasing arrangement
entered into on or after July 19, 2006 (including the initial term and all
renewal terms that commence automatically or at the sole option of the
lessee) shall be 30 years. In furtherance of the educational purposes for
which EBS spectrum is primarily allocated, any spectrum leasing arrangement
in excess of 15 years that is entered into on or after July 19, 2006 must
include terms which provide the EBS licensee on the 15th year and every 5
years thereafter, with an opportunity to review its educational use
requirements in light of changes in educational needs, technology, and other
relevant factors and to obtain access to such additional services, capacity,
support, and/or equipment as the parties shall agree upon in the spectrum
leasing arrangement to advance the EBS licensee's educational mission.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006]
§ 27.1215 BRS grandfathered leases.
top
(a) All leases of current BRS spectrum entered into prior to January 10,
2005 and in compliance with rules formerly contained in part 21 of this
chapter may continue in force and effect, notwithstanding any inconsistency
between such leases and the rules applicable to spectrum leasing
arrangements set forth in this chapter. Such leases entered into pursuant to
the former part 21 of this chapter may be renewed and assigned in accordance
with the terms of such lease. All spectrum leasing arrangements leases
entered into after January 10, 2005, pursuant to the rules set forth in part
1 and part 27 of this chapter must comply with the rules in those parts.
§ 27.1216 Grandfathered E and F group EBS licenses.
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(a) Except as noted in paragraph (b) of this section, grandfathered EBS
licensees authorized to operate E and F group co-channel licenses are
granted a geographic service area (GSA) on July 19, 2006. The GSA is the
area bounded by a circle having a 35 mile radius and centered at the
station's reference coordinates, and is bounded by the chord(s) drawn
between intersection points of that circle and those of respective adjacent
market, co-channel licensees.
(b) If there is more than 50 percent overlap between the calculated GSA of a
grandfathered EBS license and the protected service area of a co-channel BRS
license, the licensees shall not be immediately granted a geographic service
area. Instead, the grandfathered EBS license and the co-channel BRS licensee
must negotiate in good faith to reach a solution that accommodates the
communication needs of both licensees. If the co-channel licensees reach a
mutually agreeable solution on or before October 17, 2006, then the GSA of
each co-channel license shall be as determined pursuant to the agreement of
the parties. If a mutually agreeable solution between co-channel licensees
is not reached on or before October 17, 2006, then each co-channel licensee
shall receive a GSA determined pursuant to paragraph (a) of this section and
§27.1206(a).
[ 71 FR 35191 , June 16, 2006]
Technical Standards
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§ 27.1220 Transmission standards.
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The width of a channel in the LBS and UBS is 5.5 MHz, with the exception of
BRS channels 1 and 2 which are 6.0 MHz. The width of all channels in the MBS
is 6 MHz. However, the licensee may subchannelize its authorized bandwidth,
provided that digital modulation is employed and the aggregate power does
not exceed the authorized power for the channel. The licensee may also,
jointly with other licensees, transmit utilizing bandwidth in excess of its
authorized bandwidth, provided that digital modulation is employed, all
power spectral density requirements set forth in this part are met and the
out-of-band emissions restrictions set forth in §27.53 are met at the edges
of the channels employed.
§ 27.1221 Interference protection.
top
(a) Interference protection will be afforded to BRS and EBS on a
station-by-station basis based on the heights of the stations in the LBS and
UBS and also on height benchmarking, although the heights of antennas
utilized are not restricted.
(b) Height Benchmarking. Height benchmarking is defined for pairs of base
stations, one in each of two neighboring service areas. The height benchmark
for a particular station in a service area relative to a base station in an
adjacent service area is the distance'squared between the station and the
GSA service area boundary measured along the radial between the respective
stations, divided by 17. That is, the height benchmark is h[b]= D^2 /17.
Interference protection will be afforded on a station by station basis based
on the actual antenna height above the radial average terrain (calculated
along the straight line between the two base stations in accordance with
§24.53(b) and (c) of this chapter) and this height benchmark.
(c) Protection for a Receiving-Antenna not Exceeding the Height Benchmark. A
base station receive-antenna with an HAAT less than or equal to the height
benchmark relative to a neighbor's transmitting base station will be
protected if that station's HAAT exceeds its height benchmark. That station
is required to take such measures to limit the undesired signal at the
receiving base station to −109dBm or less.
(d) No Protection from a Transmitting-Antenna not Exceeding the Height
Benchmark. A base station transmitting-antenna with an HAAT less than or
equal to the height benchmark relative to a neighbor's receiving antenna is
not required to protect that receiving station, regardless of the HAAT of
that station.
(e) No Protection for a Receiving-Antenna Exceeding the Height Benchmark. A
base station transmitting-antenna with an HAAT greater than the height
benchmark relative to a neighbor's receiving antenna is not required to
protect that receiving antenna if its HAAT is greater than its height
benchmark.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 70 FR 1190 , Jan. 6, 2005; 71 FR 35191 , June 19, 2006]
§ 27.1222 Operations in the 2568–2572 and 2614–2618 bands.
top
All operations in the 2568–2572 and 2614–2618 MHz bands shall be secondary
to adjacent-channel operations. Stations operating in the 2568–2572 and
2614–2618 MHz must not cause interference to licensees in operation in the
LBS, MBS, and UBS and must accept any interference from any station
operating in the LBS, MBS, and UBS in compliance with the rules established
in this subpart. Stations operating in the 2568–2572 and 2614–2618 bands may
cause interference to stations in operation in the LBS, MBS, and UBS if the
affected licensees consent to such interference.
Policies Governing the Transition of the 2500–2690 MHz Band for BRS and EBS
top
§ 27.1230 Conversion of the 2500–2690 MHz band.
top
BRS and EBS licensees in the 2500–2690 MHz band on the pre-transition A-I
Channels will be transitioned from the frequencies assigned to them under
§27.5(i)(1) to the frequencies assigned to them under §27.5(i)(2). The
transition, which will be undertaken by one or more proponent(s), will occur
in the following five phases: initiating the transition process (see
§27.1231), planning the transition (see §27.1232), reimbursing transition
costs (see §§27.1233 and 27.1237–1239), terminating existing operations in
transitioned markets that do not comport with §27.5(i)(2) (see §27.1234),
and filing the post-transition notification (see §27.1235). Licensees may
also self-transition (see §27.1236).
[ 71 FR 35191 , June 19, 2006]
§ 27.1231 Initiating the transition.
top
(a) Transition areas. Unless paragraph (b) of this section applies, the
transition will occur by Basic Trading Area (BTA). BTAs are based on the
Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
pages 38–39, that identifies 487 BTAs based on the 50 States; it also
includes the following additional BTA-like areas: American Samoa; Guam;
Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan,
Puerto Rico; and the United States Virgin Islands, for a total of 493 BTAs.
The Mayaguez/Aguadilla-Ponce BTA-like area consists of the following
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo,
Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz,
Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas,
Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San German, Santa
Isabel, Villalba, and Yauco. The San Juan BTA-like area consists of all
other municipios in Puerto Rico. The BTA associated with the Gulf of Mexico
will not be transitioned.
(b) Overlapping GSAs. When a Geographic Service Area (GSA) overlaps two or
more BTAs:
(1) The proponents of the adjacent BTAs may agree on how to transition a GSA
that overlaps their respective BTAs.
(2) If an agreement has not been reached between or among the proponents of
the adjacent BTAs:
(i) Each proponent must transition all of the facilities associated with the
GSA that are inside the GSA and inside the proponent's BTA if all of the
adjacent BTAs are transitioning; or
(ii) The proponent of the BTA that is transitioning must transition all of
the facilities associated with the GSA that are within the GSA but outside
the BTA, if the adjacent BTA is not transitioning.
(c)(1) Proponent(s). The proponent or co-proponent must:
(i) Be a BRS or EBS licensee or BRS or EBS lessee;
(ii) Send a Pre-Transition Data Request (see paragraph (d) of this section)
and a Transition Notice (see paragraph (e) of this section) to every BRS and
EBS licensee in the BTA, using the contact information in the Commission's
Universal Licensing System; and
(iii) Be first to file an Initiation Plan (see paragraph (f) of this
section) with the Secretary of the Commission.
(2) Before filing an Initiation Plan, BRS or EBS licensees or BRS or EBS
lessees may agree to be co-proponents. After the Initiation Plan is filed
the proponent may accept a co-proponent at its sole discretion.
(d) Pre-Transition Data Request. The Pre-Transition Data Request must
include the potential proponent's full name, postal mailing address, contact
person, e-mail address, and phone and fax numbers.
(1) BRS and EBS licensees that receive a Pre-Transition Data Request must
provide the following information to the potential proponent within 45 days
of receiving the Pre-Transition Data Request:
(i) The BRS or EBS licensee's full name, postal mailing address, contact
person, e-mail address, and phone and fax number.
(ii) The location (by street address and by geographic coordinates) of every
constructed EBS receive site that, as of the date of receipt of the
Pre-Transition Data Request, is entitled to a replacement downconverter (see
§27.1233(a)). The response must:
(A) Specify whether the downconverting antenna is mounted on a structure
attached to the building or on a free-standing structure;
(B) Specify the approximate height above ground level of the downconverting
antenna; and
(C) Specify, if known, the adjacent channel D/U ratio that can be tolerated
by any receiver(s) at the receive site.
(iii) The location (street address and geographic coordinates) of the main
station or booster serving each EBS receive site entitled to protection,
including:
(A) The make and model of the antenna for that main station or booster,
along with the radiation pattern if it is not included within the
Commission's database;
(B) The ground elevation, above mean sea level (AMSL), of the building or
antenna supporting structure on which the main station or booster
transmission antenna is installed;
(C) The height above ground level (AGL) of the center of radiation of the
transmission antenna;
(D) The orientation of the main lobe of the transmission antenna;
(E) Any mechanical beamtilt or electrical beamtilt not reflected in the
radiation pattern provided or included within the Commission's database;
(F) The bandwidth of each channel or subchannel, the emission type for each
channel or subchannel, and the EIRP measured in the main lobe for each
channel or subchannel; and
(G) The make and model of the receive antenna installed at that site, along
with the radiation pattern if it is not included within the Commission's
database.
(iv) The number and identification of EBS video programming or data
transmission tracks the EBS licensee is entitled to receive in the MBS and
whether the EBS licensee will accept fewer tracks in the MBS (see
§27.1233(b)).
(v) Whether it will seek or has sought a waiver from the Commission as a
Multichannel Video Programming Distributor (MVPD).
(2) BRS and EBS licensees that do not respond to the Pre-Transition Data
Request within 45 days of its receipt may not object to the Transition Plan.
(e) The Transition Notice. The potential proponent(s) must send a Transition
Notice to all BRS and EBS licensees in the BTA(s) being transitioned. The
potential proponent(s) must include the following information in the
Transition Notice:
(1) The potential proponent(s)'s full name; postal mailing address, contact
person, e-mail address, and phone and fax numbers;
(2) The identification of the BRS and EBS licensees that will be
transitioned;
(3) Copies of the most recent response to the Pre-Transition Data Request
for each participant in the process; and
(4) A certification that the potential proponent(s) has the funds available
to pay the reasonably expected costs of the transition based on the
information in the Pre-Transition Data Request.
(f) Initiation Plan. To initiate a transition, a potential proponent(s) must
submit an Initiation Plan to the Commission at the Office of the Secretary
in Washington, DC within 30 months of July 19, 2006.
(1) An Initiation Plan must contain the following information:
(i) A list of the BTA(s) that the proponent(s) is transitioning;
(ii) A list by call sign of all of the BRS and EBS licensees in the BTA(s)
that are being transitioned;
(iii) A “best estimate” of when the transition will be completed;
(iv) A statement indicating that an agreement has been concluded with the
proponent(s) of the adjoining or adjacent BTA(s) when a licensee or
licensees in an adjacent or adjoining BTA must be transitioned to avoid
interference to licensees in the BTA being transitioned, or in lieu of an
agreement, the proponent(s) may provide an alternative means of
transitioning the licensees in an adjacent or adjoining BTA;
(v) A statement indicating that an agreement has been concluded with another
proponent(s) on how a BTA will be transitioned when there are two or more
proponents seeking to transition the same BTA and they agree to be
co-proponents before the Initiation Plan is filed, and a statement that
identifies the specific portion of the BTA each proponent will be
responsible for transitioning; and
(vi) A certification that the proponent or joint proponents have the funds
available to pay the reasonable expected costs of the transition based on
the information contained in the Pre-Transition Data Request (see paragraph
(d) of this section).
(2) A proponent, at its own discretion, may withdraw from transitioning a
BTA by notifying the Commission and all affected BRS and EBS licensees in
the BTA that it is withdrawing the Initiation Plan.
(3) A proponent may amend an Initiation Plan after it has been filed with
the Commission to correct minor or inadvertent errors.
(g) MVPD waiver requests. MVPD licensees that seek to opt-out of the
transition must seek a waiver within 60 days after the proponent files the
Initiation Plan or on or before April 30, 2007, whichever occurs first.
[ 71 FR 35191 , June 19, 2006]
§ 27.1232 Planning the transition.
top
(a) The Transition Planning Period. The Transition Planning Period is a
90-day period that commences on the day after the proponent(s) files the
Initiation Plan with the Commission.
(b) The Transition plan. The proponent(s) must provide to each BRS and EBS
licensee within a BTA, a Transition Plan no later than 30 days prior to the
conclusion of the Transition Planning Period.
(1) The Transition Plan must:
(i) Identify the call signs of the stations that are transitioning;
(ii) Identify the specific channels that each licensee will receive
following the transition;
(iii) Identify the receive sites at which replacement downconverters will be
installed (see §27.1233(a));
(iv) Identify the video programming and data transmission tracks that will
be migrated to the MBS and provide for the MBS channels to be authorized to
operate with transmission parameters that are substantially similar to those
of the licensee's operation prior to transition (see §27.1233(b));
(v) Identify the technical configuration of the MBS facilities;
(vi) Identify the approximate time line for effectuating the transition,
which, unless dispute resolution procedures are used, may not exceed 18
months from the conclusion of the Transition Planning Period;
(vii) Provide for the establishment of an escrow or other appropriate
mechanism for ensuring completion of the transition in accordance with the
Transition Plan.
(2) The Transition Plan may provide for interruptions of EBS transmissions,
so long as those interruptions are limited to a period of less than seven
days at any reception site. The proponent(s) must coordinate with each EBS
licensee to minimize the extent of any disruption.
(3) The Transition Plan may provide for the shifting of an EBS licensee's
program to alternative channels. Such shifting may not be considered an
interruption, if the EBS licensee's receive sites are equipped to receive
and internally distribute the channel to which the programming is shifted.
(4) The Transition Plan may provide for the installation of an appropriate
filter on an MBS transmitter if the proponent(s) determines that the
installation of a filter will mitigate interference from transmissions in
the MBS to operations outside the MBS.
(c) Counterproposals. No later than 10 days before the conclusion of the
Transition Planning Period, affected BRS and EBS licensees may submit a
counterproposal to the proponent(s) if they believe that the Transition Plan
is unreasonable. The proponent(s) may:
(1) Accept the counterproposal, modify the Transition Plan accordingly, and
send the modified Transition Plan to all EBS and BRS licensees in the BTA;
(2) Invoke dispute resolution procedures for a determination of whether the
Transition Plan is reasonable and take no action until a determination of
reasonableness is made; or
(3) Invoke dispute resolution procedures for a determination of whether the
Transition Plan is reasonable, but may implement the transition immediately.
(d) Safe harbors. An offer by a proponent(s) shall be reasonable if it meets
one of the following safe harbors:
(1) Safe harbor No. 1. This safe harbor applies when the default high-power
channel assigned to each channel group is authorized to operate after the
transition with the same transmission parameters (coordinates, antenna
pattern, height of center radiation, EIRP) as the downstream facilities
before the transition. If the proponent(s) does not propose a change in the
geographic coordinates of the facilities (other than as necessary to conform
the actual location with the Commission's Antenna Survey Branch database),
the proponent may also propose the following to the extent consistent with
this subpart:
(i) An increase in the height of the center of radiation of the transmission
antenna or a decrease in such height of no more than 8 meters (provided that
such change does not result in an increase in antenna support structure
lease costs to the EBS licensee and the consent of the owner of the antenna
support structure is obtained).
(ii) A change in the EIRP of the transmission system of up to 1.5 dB in any
direction.
(iii) Digitization, precision frequency offset, or other upgrades to the EBS
transmission or reception systems that allow the proponent(s) to invoke more
advantageous interference protection requirements applicable to upgraded
systems.
(2) Safe harbor No. 2. This safe harbor applies when an EBS licensee has
channel-shifted its single video programming or data transmission track to
spectrum licensed to another licensee. Under §27.5(i)(2), that track must be
on the high-power channel licensed to the EBS licensee upon completion of
the transition. For example, before the transition, an A Group licensee
might have shifted its EBS video programming to channel C1. If one of the
pre-transition A Group channels is licensed with technical parameters
substantially similar to those of pre-transition channel C1, the Transition
Plan may provide for high-power channel A4 to be licensed with the same
technical parameters as the pre-transition channel C1. However, if the
pre-transition A Group channels are licensed to operate with technical
parameters materially different from those of pre-transition channel C1, the
proponent(s) may:
(i) Arrange a channel swap with the licensee of the C Group so that the A
Group licensee will receive high-power channel C4 (which will automatically
be licensed with the same transmission parameters as the pre-transition
channel C1) in exchange for channel A4.
(ii) Arrange for high-power channel A4 to operate with transmission
parameters substantially similar to those of the pre-transition channel C1 (
see paragraph (d)(1) of this section).
(3) Safe harbor No. 3. This safe harbor applies when a four-channel group is
shared among multiple licensees in a given geographic area. Absent an
agreement otherwise, a proponent may:
(i) Secure a 6 MHz MBS channel for each licensee in exchange for the non-MBS
channels assigned to the group. Following the channel swap(s) necessary to
secure those additional MBS channels, the Transition Plan can provide for
the licensing of the remaining channels in the LBS, UBS, and Guard Bands on
a pro rata basis (with channel(s) in each segment being disaggregated when
and if necessary to provide each with its pro rata share of the spectrum in
each segment);
(ii) Provide for pro rata segmentation of the default MBS channel for the
group, provided that the proponent commits to provide each of the licensees
with the technology necessary for its EBS video programming or data
transmissions to be digitized, transmitted and received utilizing the
provided bandwidth. The non-MBS channels would be divided among the sharing
licensees on a pro rata basis (with channel(s) in each segment being
disaggregated when and if necessary to provide each with its pro rata share
of the spectrum in each segment); or
(iii) Assign the default MBS channel assigned to the channel group to one of
the licensees, if that licensee is the only one that elects to migrate video
programming or data transmission tracks to the MBS. The remaining spectrum
assigned to the group may be allocated among the licensees on a pro rata
basis, with the 6 MHz in the MBS counting against that licensee's portion.
To the extent necessary, the non-MBS spectrum can be disaggregated when and
if necessary to provide each with its pro rata share of the spectrum in each
segment. If the proponent chooses to effectuate a channel swap to provide
more than one channel in the MBS, the remaining channels assigned to the
group (after considering that one or more LBS/UBS channels and associated
Transition Band channels will have been swapped away to provide the
additional MBS channel) can be allocated among the licensees on a pro rata
basis (with channel(s) in each segment being disaggregated when and if
necessary to provide each with its pro rata share of the spectrum in each
segment).
(4) Safe harbor No. 4. This safe harbor applies when an EBS licensee uses
one or more of its channels for studio-to-transmitter links. The proponent
may provide for one of the following options:
(i) The use of the LBS and/or UBS band for the point-to-point transmission
of the EBS video or data (through superchannelization of the licensee's
contiguous LBS or UBS channels), provided the proponent commits to retune
the existing point-to-point equipment to operate on those channels or to
replace the existing equipment with new equipment tuned to operate on those
channels and the proposal complies with the LBS/UBS technical and
interference protection rules;
(ii) The migration of the EBS programming to the MBS by retuning the
existing point-to-point equipment to operate in the MBS or replacing it with
equipment tuned to operate in the MBS; or
(iii) The replacement of the point-to-point link with point-to-point
equipment licensed to the EBS licensee in alternative spectrum, so long as
the replacement facilities meet the definition of “comparable facilities”
set out in §101.75(b) of this chapter.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35192 , June 19, 2006]
§ 27.1233 Reimbursement costs of transitioning.
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(a) Replacement downconverters. The proponent(s) must install at every
eligible EBS receive site a downconverter designed to minimize the reception
of signals from outside the MBS.
(1) An EBS receive site is eligible to be replaced if:
(i) A reception system was installed at that site on or before the date the
EBS licensee receives its Pre-Transition Data Request (see §27.1231(d));
(ii) The reception system was installed by or at the direction of the EBS
licensee;
(iii) The reception system receives EBS programming under §27.1203(b) and
(c) or is located at a cable television system headend and the cable system
relays educational or instructional programming for an EBS licensee; and
(iv) It is within the licensee's 35-mile radius GSA.
(2) Replacement downconverters must meet the following minimum technical
requirements:
(i) The downconverter's input frequency range (the “in-band frequencies”)
must be 2572 MHz to 2614 MHz and output frequency range must be 294 MHz to
336 MHz;
(ii) The downconversion process must not invert frequencies;
(iii) The nominal gain of the downconverter must be 32 dB, or greater;
(iv) The downconverter must include filtering prior to the first amplifier
that attenuates frequencies below 2500 MHz and above 2705 MHz by at least 25
dB;
(v) The downconverter must have an out-of-band input 3rd order intercept
point (input IP3) of at least +9 dBm, where out-of-band is defined as all
frequencies below 2566 MHz and all frequencies above 2620 MHz;
(vi) The downconverter must have a typical noise figure of no greater than
3.5 dB and a worst case noise figure of no greater than 4.5 dB across all
in-band frequencies and across its entire intended operating temperature
range;
(vii) The downconverter must not introduce a delta group delay of more than
20 nanoseconds for digital operations or 100 nanoseconds for analog
operations over any individual six megahertz MBS channel.
(b) Migration of Video Programming and Data Transmission Track. (1) The
proponent(s) must provide, at its cost, to each EBS licensee that intends to
continue downstream high-power, high-site educational video programming or
data transmission services, with one programming track on the MBS channels
for each EBS video or data transmission track the licensee is transmitting
on a simultaneous basis before the transition.
(i) To be eligible for migration, a program track must contain EBS
programming that complies with §27.1203 (b) and (c).
(ii) The proponent(s) must pay only the costs of migrating programming
tracks being transmitted on December 31, 2002 or within six months prior
thereto.
(2) The proponent(s) must migrate each eligible programming track to
spectrum in the MBS that will be licensed to the affected licensee at the
conclusion of the transition.
(3) After the transition, the desired-to-undesired signal level ratio at
each of the receive sites securing a replacement downconverter must satisfy
the following criteria:
(i) Cochannel D/U Ratio. (A) When the post-transition desired signal is
transmitted using analog modulation, the actual cochannel D/U ratio measured
at the output of the reception antenna must be at least the lesser of 45 dB
or the actual pre-transmission D/U ratio less 1.5 dB.
(B) When the post-transition desired signal will be transmitted using
digital modulation, the actual cochannel D/U ratio measured at the output of
the reception antenna must be at least the lesser of 32 dB or the
pre-transition D/U ratio less 1.5 dB.
(C) Where in implementing the Transition Plan, the proponent(s) deploys
precise frequency offset in an analog system, the minimum cochannel D/U
ratio is reduced to 38 dB, provided that the transmitters have or are
upgraded pursuant to the Transition Plan to have the appropriate “plus,”
“zero,” or “minus” 10,010 Hertz precision frequency offset with a ±3 Hertz
(or better) stability.
(ii) Adjacent Channel D/U Ratio. The actual adjacent channel D/U must equal
or exceed the lesser of 0 dB or the actual pre-transmission D/U ratio.
However, in the event that the receive site uses receivers or is upgraded by
the proponent(s) as part of the Transition Plan to use receivers that can
tolerate negative adjacent channel D/U ratios, the actual adjacent channel
D/U ratio at such receive site must equal or exceed –10 dB. Provided that
the receive site receiver is not upgraded and cannot tolerate –10 dB, the
adjacent channel D/U ratio would be 0dB.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35193 , June 19, 2006]
§ 27.1234 Terminating existing operations in transitioned markets.
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Licensees may discontinue operations during the transition.
§ 27.1235 Post-transition notification.
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The proponent(s) must certify to the Commission at the Office of the
Secretary, Washington, DC, that the Transition Plan has been fully
implemented.
(a) The notification must provide the identification of the licensees that
have transitioned to the band plan in §27.5(i)(2) and the specific
frequencies on which each licensee is operating.
(b) For each station in the MBS, the notification must provide the following
information:
(1) The station coordinates,
(2) The make and model of each antenna,
(3) The horizontal and vertical pattern of the antenna;
(4) EIRP of the main lobe;
(5) Orientation;
(6) Height of antenna center of radiation;
(7) Transmitter output power;
(8) All line and combiner losses.
(c) The proponent(s) must provide copies of the post-transition notice to
all parties of the transition.
(d) A BRS or EBS licensee must file any objection to the post-transition
notification within 30 days from the date the post-transition notification
is placed on Public Notice.
[ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35193 , June 19, 2006]
§ 27.1236 Self-transitions.
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(a) If an Initiation Plan is not filed within 30 months of July 19, 2006 for
a BTA, BRS and EBS licensees in that BTA may self-transition by relocating
to their default channel locations specified in §27.5(i)(2) and complying
with §§27.50(h), 27.53, 27.55 and 27.1221.
(b) To self-transition, a BRS or EBS licensee must:
(1) Notify the Secretary of the Commission on or before 90 days after the
Initiation Plan must be filed with the Commission that it will
self-transition (see paragraph (a) of this section);
(2) Send a Self-Transition Notification (see paragraph (c) of this section)
to other BRS and EBS licensees in the BTA where the self-transitioning
licensee's GSA geographic center point is located that it is
self-transitioning;
(3) Notify other licensees whose GSAs overlap with the self-transitioning
licensee that it is self-transitioning.
(4) Address interference concerns with other BRS and EBS licensees in the
BTA that are also self-transitioning;
(5) File a modification application with the Commission, and
(6) Complete the self-transition within 57 months of July 19, 2006.
(c) Self-Transition Notification. The Self-Transition Notification must
include the EBS licensee's full name, postal mailing address, contact
person, e-mail address, and phone and fax numbers. A self-transitioning EBS
licensee must provide the following information to all BRS and EBS licensees
located in the BTA where the self-transitioning licensees GSA geographic
center point is located:
(1) The location (by street address and by geographic coordinates) of every
constructed EBS receive site that, as of the date the Self-Transition
Notification is sent, is entitled to a replacement downconverter (see
§27.1233(a)). The response must:
(i) Specify whether the downconverting antenna is mounted on a structure
attached to the building or on a free-standing structure;
(ii) Specify the approximate height above ground level of the downconverting
antenna; and
(iii) Specify, if known, the adjacent channel D/U ratio that can be
tolerated by any receiver(s) at the receive site.
(2) The location (street address and geographic coordinates) of the main
station or booster serving each EBS receive site entitled to protection,
including:
(i) The make and model of the antenna for that main station or booster,
along with the radiation pattern if it is not included within the
Commission's database;
(ii) The ground elevation, above mean sea level (AMSL), of the building or
antenna supporting structure on which the main station or booster
transmission antenna is installed;
(iii) The height above ground level (AGL) of the center of radiation of the
transmission antenna;
(iv) The orientation of the main lobe of the transmission antenna;
(v) Any mechanical beamtilt or electrical beamtilt not reflected in the
radiation pattern provided or included within the Commission's database;
(vi) The bandwidth of each channel or subchannel, the emission type for each
channel or subchannel, and the EIRP measured in the main lobe for each
channel or subchannel; and
(vii) The make and model of the receive antenna installed at that site,
along with the radiation pattern if it is not included within the
Commission's database.
(3) The number and identification of EBS video programming or data
transmission tracks the EBS licensee is entitled to receive in the MBS (see
§27.1233(b)).
[ 71 FR 35193 , June 19, 2006]
§ 27.1237 Pro rata allocation of transition costs.
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(a) Self-transitions. EBS licensees that self-transition may seek
reimbursement for their costs to replace eligible downconverters (see
§27.1233(a)) and to migrate video programming and data transmission tracks
(see §27.1233(b)) from BRS licensees and lessees, EBS lessees, and
commercial EBS licensees in the BTA where the center point of the EBS
licensee's GSA is located. In addition, BRS licensees and lessees, EBS
lessees, and commercial EBS licensees in the LBS or UBS must reimburse the
self-transitioning EBS licensee a pro rata share of the eligible costs of
transitioning EBS licensees, based on the formula in paragraph (c) of this
section. Eligible costs are listed in §27.1238.
(b) Proponent-driven transitions. BRS licensees and lessees, entities that
lease EBS spectrum for a commercial purpose, and commercial EBS licensees
must pay their own transition costs. In addition, except for MVPD operators
that opt-out of the transition, BRS licensees and lessees, EBS lessees, and
commercial EBS licensees in the LBS or UBS must reimburse the proponent a
pro rata share of the eligible costs of transitioning EBS licensees, based
on the formula in paragraph (c) of this section. Eligible costs are listed
in §27.1238.
(c) Formula. The pro rata share shall be based on the following formula:
[MATH: 
:MATH]
(1) R equals the pro rata share;
(2) L equals the amount of spectrum used by a BRS licensee or lessee or
commercial EBS licensee or lessee to provide a commercial service, either
directly or through a lease agreement with an EBS or BRS licensee;
(3) T equals the total amount of spectrum licensed or leased for commercial
purposes in the BTA;
(4) LP equals the population of the geographic service area or BTA served by
the BRS licensee or lessee or commercial EBS licensee or lessee based on the
data in the 2000 United States Census; and
(5) TP equals the population of the BTA based on the data in the 2000 United
States Census.
[ 71 FR 35193 , June 19, 2006]
§ 27.1238 Eligible costs.
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(a) The costs listed in paragraphs (b) through (f) of this section are
eligible costs.
(b) Pre-transition costs:
(1) Engineering/Consulting
(i) Evaluation of equipment;
(ii) RX site identification;
(iii) EBS Programming plan covering the BTA;
(iv) Market Analysis (MHz per POP Study);
(v) RF study (interference analysis); and
(vi) Transition Plan creation and support;
(2) Project management (may be sourced external);
(3) Filing fees;
(4) Legal fees;
(5) Site acquisition fees-contractor; and
(6) Arbitrator fee;
(c) Transmission facility—analog conversion costs:
(1) Transmitter upgrading or retuning;
(2) Combiner re-tuning or new;
(3) Power divider/circulator adjacent channel combiner hardware;
(4) STL/fiber relocation;
(5) Miscellaneous material costs (including cabling and connectors);
(6) Contract labor:
(i) Tower;
(ii) Building modifications;
(iii) Electrical/HVAC; and
(iv) Mechanical
(7) Engineering:
(i) Structural; and
(ii) Pathway Interference Analysis.
(8) Equipment disposal/shipping
(9) Program Management (third party or internal costs to manage the BTA
conversion); and
(10) Travel and Per Diem Cost.
(d) Transmission facility-digital conversion costs:
(1) New transmitter or retuning;
(2) Digital compression equipment-TX site (including encoders, controller,
and software);
(3) Combiners-new or retune;
(4) Power divider/circulator adjacent channel combiner hardware;
(5) Cabinets, cabling, feedline and connectors;
(6) STL—fiber digital upgrade;
(7) Installation cost due to adding additional broadcast antenna (4 or more
digital channels required);
(8) Contract labor:
(i) Tower;
(ii) Building modifications;
(iii) Electrical/HVAC; and
(iv) Mechanical.
(9) Proof of performance testing (may be contracted);
(10) Engineering:
(i) Structural; and
(ii) Path engineering analysis.
(11) Equipment disposal/shipping;
(12) Training;
(13) Program management (third party or internal costs to manage BTA
conversion);
(14) Travel and per diem costs.
(e) Qualified receive-sites only-modifications (analog and digital):
(1) Digital set top boxes;
(2) Downconverters (with filtering)/antennas (replacement downconverters);
(3) Contract labor:
(i) Antenna change/DC install (antenna change may be necessary); and
(ii) Electrical; and mechanical
(4) Project management (third party or internal costs to manage the BTA
conversion);
(5) Proof of performance testing (may be contracted);
(6) Mini headend (cost effective distribution method):
(i) Modulators, combiners;
(ii) Equipment racks; and
(iii) Amplifiers
(7) Cable, connectors; and
(8) Training.
(f) Miscellaneous transition fees. (1) Filing fees;
(2) Arbitrator fee; and
(3) Legal fees.
[ 71 FR 35193 , June 19, 2006]
§ 27.1239 Reimbursement obligation.
top
(a) A proponent may request reimbursement from BRS licensees and lessees,
EBS lessees, and commercial EBS licensees in a BTA after the Transition
Notification has been filed with the Secretary of the Commission and the
proponent has accumulated the documentation to substantiate the full and
accurate cost of the transition. A self-transitioning licensee may request
reimbursement from BRS licensees and lessees, EBS lessees, and commercial
EBS licensees in a BTA where its GSA geographic center point is located
after it has completed the self-transition and has filed a modification
application with the Commission and has accumulated the documentation to
substantiate the full and accurate cost of the transition.
(b) If a license is assigned, transferred, partitioned, or disaggregated,
all parties to the assignment, transfer, disaggregation, or partition are
jointly and severally liable for paying the reimbursement obligation until
that obligation is paid.
[ 71 FR 35193 , June 19, 2006]
Relocation Procedures for the 2150–2160/62 MHz Band
top
Source: Sections 27.1250 through 27.1255 appear at 71 FR 29840 , May 24,
2006, unless otherwise noted.
§ 27.1250 Transition of the 2150–2160/62 MHz band from the Broadband Radio
Service to the Advanced Wireless Service.
top
The 2150–2160/62 MHz band has been allocated for use by the Advanced
Wireless Service (AWS). The rules in this section provide for a transition
period during which AWS licensees may relocate existing Broadband Radio
Service (BRS) licensees using these frequencies to their assigned
frequencies in the 2496–2690 MHz band or other media.
(a) AWS licensees and BRS licensees shall engage in mandatory negotiations
for the purpose of agreeing to terms under which the BRS licensees would:
(1) Relocate their operations to other frequency bands or other media; or
alternatively
(2) Accept a sharing arrangement with the AWS licensee that may result in an
otherwise impermissible level of interference to the BRS operations.
(b) If no agreement is reached during the mandatory negotiation period, an
AWS licensee may initiate involuntary relocation procedures. Under
involuntary relocation, the incumbent is required to relocate, provided that
the AWS licensee meets the conditions of §27.1252.
(c) Relocation of BRS licensees by AWS licensees will be subject to a
three-year mandatory negotiation period. BRS licensees may suspend the
running of the three-year negotiation period for up to one year if the BRS
licensee cannot be relocated to comparable facilities at the time the AWS
licensee seeks entry into the band.
§ 27.1251 Mandatory Negotiations.
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(a) Once mandatory negotiations have begun, a BRS 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. The BRS licensee
is required to cooperate with an AWS licensee's request to provide access to
the facilities to be relocated, other than the BRS customer location, so
that an independent third party can examine the BRS system and prepare an
appraisal of the costs to relocate the incumbent. In evaluating claims that
a party has not negotiated in good faith, the FCC will consider, inter alia,
the following factors:
(1) Whether the AWS licensee has made a bona fide offer to relocate the BRS
licensee to comparable facilities in accordance with §27.1252(b);
(2) If the BRS licensee has demanded a premium, the type of premium
requested ( e.g. , whether the premium is directly related to relocation,
such as 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.
(b) 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.
(c) Mandatory negotiations will commence for each BRS licensee when the AWS
licensee informs the BRS licensee in writing of its desire to negotiate.
Mandatory negotiations will be conducted with the goal of providing the BRS
licensee with comparable facilities, defined as facilities possessing the
following characteristics:
(1) Throughput. Communications throughput is the amount of information
transferred within a system in a given amount of time. System is defined as
a base station and all end user units served by that base station. If analog
facilities are being replaced with analog, comparable facilities may provide
a comparable number of channels. If digital facilities are being replaced
with digital, comparable facilities provide equivalent data loading bits per
second (bps).
(2) Reliability. System reliability is the degree to which information is
transferred accurately within a system. Comparable facilities provide
reliability equal to the overall reliability of the BRS system. For digital
systems, reliability is measured by the percent of time the bit error rate
(BER) exceeds a desired value, and for analog or digital video transmission,
it is measured by whether the end-to-end transmission delay is within the
required delay bound. If an analog system is replaced with a digital 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 BRS system. AWS licensees would compensate BRS licensees for any
increased recurring costs associated with the replacement facilities ( e.g.
, additional rental payments, and increased utility fees) for five years
after relocation. AWS licensees could satisfy this obligation by making a
lump-sum payment based on present value using current interest rates.
Additionally, the maintenance costs to the BRS licensee would be equivalent
to the replaced system in order for the replacement system to be comparable.
(d) AWS licensees are responsible for the relocation costs of end user units
served by the BRS base station that is being relocated. If a lessee is
operating under a BRS license, the BRS licensee may rely on the throughput,
reliability, and operating costs of facilities in use by a lessee in
negotiating comparable facilities and may include the lessee in
negotiations.
§ 27.1252 Involuntary Relocation Procedures.
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(a) If no agreement is reached during the mandatory negotiation period, an
AWS licensee may initiate involuntary relocation procedures under the
Commission's rules. AWS licensees are obligated to pay to relocate BRS
systems to which the AWS system poses an interference problem. Under
involuntary relocation, the BRS licensee is required to relocate, provided
that the AWS licensee:
(1) 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 BRS 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. There is no cap on the actual costs of relocation. AWS
licensees are not required to pay BRS licensees for internal resources
devoted to the relocation process. AWS licensees are not required to pay for
transaction costs incurred by BRS licensees during the mandatory period once
the involuntary period is initiated, or for fees that cannot be legitimately
tied to the provision of comparable facilities; and
(2) Completes all activities necessary for implementing the replacement
facilities, including engineering and cost analysis of the relocation
procedure and, if radio facilities are used, identifying and obtaining, on
the incumbents' behalf, new microwave frequencies and frequency
coordination.
(b) Comparable facilities. The replacement system provided to an incumbent
during an involuntary relocation must be at least equivalent to the existing
BRS 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. System is defined as
a base station and all end user units served by that base station. If analog
facilities are being replaced with analog, the AWS licensee is required to
provide the BRS licensee with a comparable number of channels. If digital
facilities are being replaced with digital, the AWS licensee must provide
the BRS licensee with equivalent data loading bits per second (bps). AWS
licensees must provide BRS licensees with enough throughput to satisfy the
BRS licensee's system use at the time of relocation, not match the total
capacity of the BRS system.
(2) Reliability. System reliability is the degree to which information is
transferred accurately within a system. AWS licensees must provide BRS
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
video transmissions, it is measured by whether the end-to-end transmission
delay is within the required delay bound.
(3) Operating costs. Operating costs are the cost to operate and maintain
the BRS system. AWS licensees must compensate BRS licensees for any
increased recurring costs associated with the replacement facilities ( e.g.
, additional rental payments, increased utility fees) for five years after
relocation. AWS 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 BRS licensee must be equivalent to the replaced
system in order for the replacement system to be considered comparable.
(c) AWS licensees are responsible for the relocation costs of end user units
served by the BRS base station that is being relocated. If a lessee is
operating under a BRS license, the AWS licensee shall on the throughput,
reliability, and operating costs of facilities in use by a lessee at the
time of relocation in determining comparable facilities for involuntary
relocation purposes.
(d) Twelve-month trial period. If, within one year after the relocation to
new facilities, the BRS licensee demonstrates that the new facilities are
not comparable to the former facilities, the AWS licensee must remedy the
defects or pay to relocate the BRS licensee to one of the following: Its
former or equivalent 2 GHz channels, another comparable frequency band, a
land-line system, or any other facility that satisfies the requirements
specified in paragraph (b) of this section. This trial period commences on
the date that the BRS licensee begins full operation of the replacement
system. If the BRS licensee has retained its 2 GHz authorization during the
trial period, it must return the license to the Commission at the end of the
twelve months.
§ 27.1253 Sunset Provisions.
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(a) BRS licensees will maintain primary status in the 2150–2160/62 MHz band
unless and until an AWS licensee requires use of the spectrum. AWS licensees
are not required to pay relocation costs after the relocation rules sunset (
i.e. fifteen years from the date the first AWS license is issued in the
band). Once the relocation rules sunset, an AWS licensee may require the
incumbent to cease operations, provided that the AWS licensee intends to
turn on a system within interference range of the incumbent, as determined
by §27.1255. AWS licensee notification to the affected BRS 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 BRS
licensee must turn its license back into the Commission, unless the parties
have entered into an agreement which allows the BRS licensee to continue to
operate on a mutually agreed upon basis.
(b) 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.
§ 27.1254 Eligibility.
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(a) BRS licensees with primary status in the 2150–2162 MHz band as of June
23, 2006, will be eligible for relocation insofar as they have facilities
that are constructed and in use as of this date.
(b) Future Licensing and Modifications. After June 23, 2006, all major
modifications to existing BRS systems in use in the 2150–2160/62 MHz band
will be authorized on a secondary basis to AWS systems, unless the incumbent
affirmatively justifies primary status and the incumbent BRS licensee
establishes that the modification would not add to the relocation costs of
AWS licensees. Major modifications include the following:
(1) Additions of new transmit sites or base stations made after June 23,
2006;
(2) Changes to existing facilities made after June 23, 2006, that would
increase the size or coverage of the service area, or interference
potential, and that would also increase the throughput of an existing system
( e.g. , sector splits in the antenna system). Modifications to fully
utilize the existing throughput of existing facilities ( e.g. , to add
customers) will not be considered major modifications even if such changes
increase the size or coverage of the service area, or interference
potential.
§ 27.1255 Relocation Criteria for Broadband Radio Service Licensees in the
2150–2160/62 MHz band.
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(a) An AWS licensee in the 2150–2160/62 MHz band, prior to initiating
operations from any base or fixed station that is co-channel to the
2150–2160/62 MHz band, must relocate any incumbent BRS system that is within
the line of sight of the AWS licensee's base or fixed station. For purposes
of this section, a determination of whether an AWS facility is within the
line of sight of a BRS system will be made as follows:
(1) For a BRS system using the 2150–2160/62 MHz band exclusively to provide
one-way transmissions to subscribers, the AWS licensee will determine
whether there is an unobstructed signal path (line of sight) to the
incumbent licensee's geographic service area (GSA), based on the following
criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use
of the actual transmitting antenna height and terrain elevation, and
assumption of 4/3 Earth radius propagation conditions. Terrain elevation
data must be obtained from the U.S. Geological Survey (USGS) 3-second
database. All coordinates used in carrying out the required analysis shall
be based upon use of NAD–83.
(2) For all other BRS systems using the 2150–2160/62 MHz band, the AWS
licensee will determine whether there is an unobstructed signal path (line
of sight) to the incumbent licensee's receive station hub using the method
prescribed in “Methods for Predicting Interference from Response Station
Transmitters and to Response Station Hubs and for Supplying Data on Response
Station Systems. MM Docket 97–217,” in Amendment of Parts 1, 21 and 74 to
Enable Multipoint Distribution Service and Instructional Television Fixed
Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No.
97–217, Report and Order on Further Reconsideration and Further Notice of
Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D.
(b) Any AWS licensee in the 2110–2180 MHz band that causes actual and
demonstrable interference to a BRS licensee in the 2150–2160/62 MHz band
must take steps to eliminate the harmful interference, up to and including
relocation of the BRS licensee, regardless of whether it would be required
to do so under paragraph (a), of this section.
Subpart N—xxx
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Link to an amendment published at 72 FR 48854 , Aug. 24, 2007.
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