Sec.  90.205   Power and antenna height limits.

   Applicants for licenses must request and use no more power than the actual
   power  necessary  for  satisfactory  operation. Except where otherwise
   specifically provided for, the maximum power that will be authorized to
   applicants whose license applications for new stations are filed after
   August 18, 1995 is as follows:

   (a) Below 25 MHz. For single sideband operations (J3E emission), the maximum
   transmitter peak envelope power is 1000 watts.

   (b) 25–50 MHz. The maximum transmitter output power is 300 watts.

   (c) 72–76 MHz. The maximum effective radiated power (ERP) for stations
   operating  on  fixed  frequencies  is 300 watts. Stations operating on
   mobile-only frequencies are limited to one watt transmitter output power.

   (d) 150–174 MHz. (1) The maximum allowable station ERP is dependent upon the
   station's antenna HAAT and required service area and will be authorized in
   accordance with table 1. Applicants requesting an ERP in excess of that
   listed in table 1 must submit an engineering analysis based upon generally
   accepted engineering practices and standards that includes coverage contours
   to  demonstrate that the requested station parameters will not produce
   coverage in excess of that which the applicant requires.

   (2) Applications for stations where special circumstances exist that make it
   necessary to deviate from the ERP and antenna heights in Table 1 will be
   submitted to the frequency coordinator accompanied by a technical analysis,
   based upon generally accepted engineering practices and standards, that
   demonstrates that the requested station parameters will not produce a signal
   strength in excess of 37 dBu at any point along the edge of the requested
   service area. The coordinator may then recommend any ERP appropriate to meet
   this condition.

   (3) An applicant for a station with a service area radius greater than 40 km
   (25  mi) must justify the requested service area radius, which will be
   authorized only in accordance with table 1, note 4. For base stations with
   service areas greater than 80 km, all operations 80 km or less from the base
   station will be on a primary basis and all operations outside of 80 km from
   the base station will be on a secondary basis and will be entitled to no
   protection from primary operations.

   Table 1—150–174MHz—Maximum ERP/Reference HAAT for a Specific Service Area
   Radius
      Service area radius (km)
   3 8 13 16 24 32 40 48^4 64^4 80^4
   Maximum ERP (w)^1 1 28 178 ^2500 ^2500 ^2500 500 ^2500 ^2500 ^2500
   Up to reference HAAT (m)^3 15 15 15 15 33 65 110 160 380 670

   ^1Maximum ERP indicated provides for a 37 dBu signal strength at the edge of
   the service area per FCC Report R–6602, Fig. 19 (See  Sec. 73.699, Fig. 10).

   ^2Maximum ERP of 500 watts allowed. Signal strength at the service area
   contour may be less than 37 dBu.

   ^3When the actual antenna HAAT is greater than the reference HAAT, the
   allowable ERP will be reduced in accordance with the following equation:
   ERP[allow]=ERP[max]× (HAAT[ref]/HAAT[actual])^2.

   ^4Applications for this service area radius may be granted upon specific
   request with justification and must include a technical demonstration that
   the signal strength at the edge of the service area does not exceed 37 dBu.

   (e) 217–220 MHz. Limitations on power and antenna heights are specified in
    Sec. 90.259.

   (f) 220–222 MHz. Limitations on power and antenna heights are specified in
    Sec. 90.729.

   (g) 421–430 MHz. Limitations on power and antenna heights are specified in
    Sec. 90.279.

   (h) 450–470 MHz. (1) The maximum allowable station effective radiated power
   (ERP) is dependent upon the station's antenna HAAT and required service area
   and will be authorized in accordance with table 2. Applicants requesting an
   ERP in excess of that listed in table 2 must submit an engineering analysis
   based upon generally accepted engineering practices and standards that
   includes  coverage  contours to demonstrate that the requested station
   parameters will not produce coverage in excess of that which the applicant
   requires.

   (2) Applications for stations where special circumstances exist that make it
   necessary to deviate from the ERP and antenna heights in Table 2 will be
   submitted to the frequency coordinator accompanied by a technical analysis,
   based upon generally accepted engineering practices and standards, that
   demonstrates that the requested station parameters will not produce a signal
   strength in excess of 39 dBu at any point along the edge of the requested
   service area. The coordinator may then recommend any ERP appropriate to meet
   this condition.

   (3) An applicant for a station with a service area radius greater than 32 km
   (20  mi)  must justify the requested service area radius, which may be
   authorized only in accordance with table 2, note 4. For base stations with
   service areas greater than 80 km, all operations 80 km or less from the base
   station will be on a primary basis and all operations outside of 80 km from
   the base station will be on a secondary basis and will be entitled to no
   protection from primary operations.

   Table 2—450–470 MHz—Maximum ERP/Reference HAAT for a Specific Service Area
   Radius
      Service area radius (km)
   3 8 13 16 24 32 40^4 48^4 64^4 80^4
   Maximum ERP (w)^1 2 100 ^2500 ^2500 ^2500 ^2500 ^2500 ^2500 ^2500 ^2500
   Up to reference HAAT (m)^3 15 15 15 27 63 125 250 410 950 2700

   ^1Maximum ERP indicated provides for a 39 dBu signal strength at the edge of
   the service area per FCC Report R–6602, Fig. 29 (See  Sec. 73.699, Fig. 10 b).

   ^2Maximum ERP of 500 watts allowed. Signal strength at the service area
   contour may be less than 39 dBu.

   ^3When the actual antenna HAAT is greater than the reference HAAT, the
   allowable ERP will be reduced in accordance with the following equation:
   ERP[allow]=ERP[max]× (HAAT[ref]/HAAT[actual])^2.

   ^4Applications for this service area radius may be granted upon specific
   request with justification and must include a technical demonstration that
   the signal strength at the edge of the service area does not exceed 39 dBu.

   (i) 470–512 MHz. Power and height limitations are specified in  Sec.  Sec. 90.307 and
   90.309.

   (j) 763–775 MHz and 793–805 MHz. Power and height limitations are specified
   in  Sec.  Sec. 90.541 and 90.542.

   (k) 806–824 MHz, 851–869 MHz, 896–901 MHz and 935–940 MHz. Power and height
   limitations are specified in  Sec. 90.635

   (l) 902–928 MHz. LMS systems operating pursuant to subpart M of this part in
   the 902–927.25 MHz band will be authorized a maximum of 30 watts ERP. LMS
   equipment operating in the 927.25–928 MHz band will be authorized a maximum
   of 300 watts ERP. ERP must be measured as peak envelope power. Antenna
   heights will be as specified in  Sec. 90.353(h).

   (m) 929–930 MHz. Limitations on power and antenna heights are specified in
    Sec. 90.494.

   (n) 1427–1429.5 MHz and 1429.5–1432 MHz. Limitations on power are specified
   in  Sec. 90.259.

   (o) 2450–2483.5 MHz. The maximum transmitter power is 5 watts.

   (p) 4940–4990 MHz. Limitations on power are specified in  Sec. 90.1215.

   (q) 5850–5925 MHz . Power and height limitations are specified in subpart M
   of this part.

   (r)  All  other  frequency  bands. Requested transmitter power will be
   considered and authorized on a case by case basis.

   (s) The output power shall not exceed by more than 20 percent either the
   output power shown in the Radio Equipment List [available in accordance with
    Sec. 90.203(a)(1)] for transmitters included in this list or when not so listed,
   the  manufacturer's  rated output power for the particular transmitter
   specifically listed on the authorization.

   [ 60 FR 37262 , July 19, 1995, as amended at  62 FR 2039 , Jan. 15, 1997;  63 FR 58651 , Nov. 2, 1998;  64 FR 66409 , Nov. 26, 1999;  67 FR 41860 , June 20, 2002;
    68 FR 38639 , June 30, 2003;  69 FR 46443 , Aug. 3, 2004;  72 FR 48860 , Aug. 24,
   2007]