Sec.  90.733   Permissible operations.

   (a) Systems authorized in the 220–222 MHz band may be used:

   (1)(i) For government and non-government land mobile operations, i.e., for
   base/mobile and mobile relay transmissions, on a primary basis; or

   (ii) For the following operations instead of or in addition to a licensee's
   land mobile operations: One-way or two-way paging operations on a primary
   basis  by all non-Government Phase II licensees, fixed operations on a
   primary basis by all non-Government Phase II licensees and all Government
   licensees, one-way or two-way paging or fixed operations on a primary basis
   by all non-Government Phase I licensees, except that before a non-Government
   Phase I licensee may operate one-way or two-way paging or fixed systems on a
   primary basis instead of or in addition to its land mobile operations, it
   must meet the following requirements:

   (A) A nationwide Phase I licensee must;

   ( 1 ) Meet its two-year benchmark for the construction of its land mobile
   system base stations as prescribed in  Sec. 90.725(a); and

   ( 2 ) Provide a new 10-year schedule, as required in  Sec. 90.713(b)(3), for the
   construction of the fixed and/or paging system it intends to construct
   instead of, or in addition to, its nationwide land mobile system; and

   ( 3 ) Certify that the financial showings and all other certifications
   provided  in  demonstrating  its  ability to construct and operate its
   nationwide land mobile system, as required in  Sec.  Sec. 90.713 (b), (c) and (d),
   remain  applicable  to  the  nationwide system it intends to construct
   consisting of fixed and/or paging operations on a primary basis instead of,
   or in addition to, its land mobile operations; or

   ( 4 ) In lieu of providing the requirements of paragraph (a)(1)(ii)(A)( 3 )
   of this section, provide the financial showings and all other certifications
   required  in   Sec.  Sec. 90.713  (b), (c) and (d) to demonstrate its ability to
   construct and operate a nationwide system consisting of fixed and/or paging
   operations on a primary basis instead of, or in addition to, its land mobile
   operations.

   (B) A non-nationwide Phase I licensee must first meet the requirement to
   construct  its  land mobile base station and place it in operation, or
   commence service (in accordance with  Sec. 90.167) as prescribed in  Sec. 90.725(f) or
    Sec. 90.727, as applicable.

   (2)  Only by persons who are eligible for facilities under either this
   subpart or in the pools included in subpart B or C of this part.

   (3) Except for licensees classified as CMRS providers under part 20 of this
   chapter, only for the transmission of messages or signals permitted in the
   services in which the participants are eligible.

   (b)  See  Sec. 90.720 of this part for permissible operations on mutual aid
   channels.

   (c) For operations requiring less than a 4 kHz bandwidth, more than a single
   emission may be utilized within the authorized bandwidth. In such cases, the
   frequency  stability  requirements  of   Sec. 90.213  do not apply, but the
   out-of-band emission limits of  Sec. 90.210(f) must be met.

   (d) Licensees, except for licensees authorized on Channels 161 through 170
   and 181 through 185, may combine any number of their authorized, contiguous
   channels (including channels derived from multiple authorizations) to form
   channels wider than 5 kHz.

   (e) In combining authorized, contiguous channels (including channels derived
   from  multiple  authorizations) to form channels wider than 5 kHz, the
   emission limits in  Sec. 90.210(f) must be met only at the outermost edges of the
   contiguous channels. Transmitters shall be tested to confirm compliance with
   this requirement with the transmission located as close to the band edges as
   permitted  by  the  design of the transmitter. The frequency stability
   requirements in  Sec. 90.213 shall apply only to the outermost of the contiguous
   channels  authorized to the licensee. However, the frequency stability
   employed  for  transmissions operating inside the outermost contiguous
   channels must be such that the emission limits in  Sec. 90.210(f) are met over
   the temperature and voltage variations prescribed in  Sec. 2.995 of this chapter.

   (f) A Phase I non-nationwide licensee operating a paging base station, or a
   fixed station transmitting on frequencies in the 220–221 MHz band, may only
   operate such stations at the coordinates of the licensee's authorized land
   mobile base station.

   (g) The transmissions of a Phase I non-nationwide licensee's paging base
   station, or fixed station transmitting on frequencies in the 220–221 MHz
   band, must meet the requirements of  Sec.  Sec. 90.723(d), (g), (h), and (k), and
   90.729, and such a station must operate at the effective radiated power and
   antenna height-above-average-terrain prescribed in the licensee's land
   mobile base station authorization.

   (h)  Licensees  using  220–222  MHz spectrum for geophysical telemetry
   operations  are  authorized  to operate fixed stations on a secondary,
   non-interference basis to licensees operating in the 220–222 MHz band on a
   primary basis under the conditions that such licensees:

   (1) Provide notification of their operations to co-channel non-nationwide
   Phase  I  licensees  with an authorized base station, or fixed station
   transmitting on frequencies in the 220–221 MHz band, located within 45 km of
   the secondary licensee's station, to co-channel, Phase II EA or Regional
   licensee authorized to operate in the EA or REAG in which the secondary
   licensee's  station  is located, and to co-channel Phase I or Phase II
   nationwide licensees;

   (2) Operate only at temporary locations in accordance with the provisions of
    Sec. 1.931 of this chapter;

   (3) Not transmit at a power level greater than one watt ERP;

   (4) Not transmit from an antenna higher than 2 meters (6.6 feet) above
   ground; and

   (5) Not operate on Channels 111 through 120, 161 through 170, or 181 through
   185.

   (i) All licensees constructing and operating base stations or fixed stations
   on frequencies in the 220–222 MHz band must:

   (1) Comply with any rules and international agreements that restrict use of
   their authorized frequencies, including the provisions of  Sec. 90.715 relating
   to U.S./Mexican border areas;

   (2) Comply with the provisions of  Sec. 17.6 of this chapter with regard to
   antenna structures; and

   (3) Comply with the provisions of  Sec.  Sec. 1.1301 through 1.1319 of this chapter
   with regard to actions that may or will have a significant impact on the
   quality of the human environment.

   [ 56 FR 19603 , Apr. 29, 1991, as amended at  56 FR 32517 , July 17, 1991;  57 FR 32450 , July 22, 1992;  59 FR 59967 , Nov. 21, 1994;  62 FR 15997 , Apr. 3, 1996;
    62 FR 18936 , Apr. 17, 1997;  63 FR 32591 , June 12, 1998;  63 FR 68971 , Dec.
   14, 1998]