§  101.31   Temporary and conditional authorizations.

   (a) Operation at temporary locations. (1) Authorizations may be issued
   upon proper application for rendition of temporary service to
   subscribers under the following conditions:

   (i) When a fixed station, authorized to operate at temporary locations,
   is to remain at a single location for more than 6 months, an
   application for a station authorization designating that single
   location as the permanent location shall be filed at least 90 days
   prior to the expiration of the 6 month period;

   (ii) The station shall be used only for rendition of communication
   service at a remote point where the provision of wire facilities is not
   practicable within the required time frame; and

   (iii) The antenna structure height employed at any location shall not
   exceed the criteria set forth in § 17.7 of this chapter unless, in each
   instance, authorization for use of a specific maximum antenna structure
   height for each location has been obtained from the Commission prior to
   erection of the antenna. See § 101.125.

   (2) Applications for authorizations to operate stations at temporary
   locations under the provisions of this section shall be made upon FCC
   Form 601. Blanket applications may be submitted for the required number
   of transmitters. An application for authority to operate a fixed
   station at temporary locations must specify the precise geographic area
   within which the operation will be confined. The area specified must be
   defined as a radius of operation about a specific coordinate
   (latitude/longitude), or as a county, or as a State. Exception to this
   specific requirement may be made for exceptionally large areas, such as
   the continental United States. Sufficient data must be submitted to
   show the need for the proposed area of operation.

   (3) Operations in the 17.8–19.7 GHz band for any services and in the
   17.7–17.8 GHz band for MVPD operations are prohibited in the areas
   defined in § 1.924 of this chapter. Operations proposed in the areas
   defined in § 1.924 of this chapter may not commence without prior
   specific notification to, and authorization from, the Commission.

   (b) Conditional authorization. (1) An applicant for a new
   point-to-point microwave radio station(s) or a modification of an
   existing station(s) in the 952.95–956.15, 956.55–959.75, 3,700–4,200;
   5,925–6,425; 6,525–6,875; 10,550–10,680; 10,700–11,700; 11,700–12,200;
   12,700–13,200; 13,200–13,250; 17,700–19,700; and 21,800–22,000 MHz, and
   23,000–23,200 MHz bands ( see § 101.147(s) for specific service usage)
   may operate the proposed station(s) during the pendency of its
   applications(s) upon the filing of a properly completed formal
   application(s) that complies with subpart B of part 101 if the
   applicant certifies that the following conditions are satisfied:

   (i) The frequency coordination procedures of § 101.103 have been
   successfully completed;

   (ii) The antenna structure(s) has been previously studied by the
   Federal Aviation Administration and determined to pose no hazard to
   aviation safety as required by subpart B of part 17 of this chapter; or
   the antenna or tower structure does not exceed 6.1 meters above ground
   level or above an existing man-made structure (other than an antenna
   structure), if the antenna or tower has not been previously studied by
   the Federal Aviation Administration and cleared by the FCC;

   (iii) The grant of the application(s) does not require a waiver of the
   Commission's rules:

   (iv) The applicant has determined that the facility(ies) will not
   significantly affect the environment as defined in § 1.1307 of this
   chapter;

   (v) The station site does not lie within 56.3 kilometers of any
   international border, within areas identified in § § 1.924(a) through (d)
   of this chapter unless the affected entity consents in writing to
   conditional operation or, if for any services on frequencies in the
   17.8–19.7 GHz band and for MVPD operations in the 17.7–17.8 GHz band,
   within any of the areas identified in § 1.924 of this chapter;

   (vi) If operated on frequencies in the 10.6–10.68 GHz band, the station
   site does not lie within any of the following regions:
      Name of region       Dimensions=radius in kilometers     Center-point
Kitt Peak, Arizona                       60                N31–57–22; W111–36–42
Big Pine, California                     60                N37–13–54; W118–16–34
Vandenburg AFB, California               75                N34–43–00; W120–34–00
Denver, Colorado                         150               N39–43–00; W104–46–00
Washington, DC                           150               N38–48–00; W76–52–00
Eglin AFB, Florida                       50                N30–29–00; W86–32–00
Mauna Kea, Hawaii                        60                N19–48–16; W155–27–29
North Liberty, Iowa                      60                N41–46–17; W91–34–26
Maryland Point, Maryland                 60                N38–22–26; W77–14–00
Hancock, New Hampshire                   60                N42–56–01; W71–59–12
Los Alamos, New Mexico                   60                N35–46–30; W106–14–42
Pie Town, New Mexico                     60                N34–18–04; W108–07–07
Socorro, New Mexico                      160               N34–04–43; W107–37–04
WSMR, New Mexico                         75                N32–23–00; W106–29–00
Minot AFB, North Dakota                  80                N48–15–00; W101–17–00
Arecibo, Puerto Rico                     160               N18–20–37; W66–45–11
Fort Davis, Texas                        60                N30–38–06; W103–56–39
St. Croix, Virgin Islands                60                N17–45–31; W64–35–03
Brewster, Washington                     60                N48–07–53; W119–40–55
Green Bank, West Virginia                160               N38–25–59; W79–50–24

   Note: Coordinates are referenced to North American Datum 1983 (NAD83).

   (vii) With respect to the 21.8–22.0 GHz and 23.0–23.2 GHz band, the
   filed application(s) does not propose to operate on a frequency pair
   centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz,
   21.925/23.125 GHz or 21.975/23.175 GHz and does not propose to operate
   with an E.I.R.P. greater than 55 dBm. The center frequencies are
   shifted from the center frequencies listed above for certain bandwidths
   as follows: add 0.005 GHz for 20 MHz bandwidth channels, add 0.010 GHz
   for 30 MHz bandwidth channels, and subtract 0.005 GHz for 40 MHz
   bandwidth channels. See specific channel listings in § 101.147(s).

   (viii) The filed application(s) is consistent with the proposal that
   was coordinated pursuant to § 101.103.

   (2) Conditional authority ceases immediately if the application(s) is
   returned by the Commission because it is not acceptable for filing.

   (3) Conditional authorization does not prejudice any action the
   Commission may take on the subject application(s). Conditional
   authority is accepted with the express understanding that such
   authority may be modified or cancelled by the Commission at any time
   without hearing if, in the Commission's discretion, the need for such
   action arises. An applicant operating pursuant to this conditional
   authority assumes all risks associated with such operation, the
   termination or modification of the conditional authority, or the
   subsequent dismissal or denial of its applications(s).

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 55538 , Oct. 27, 1997;
    63 FR 10779 , Mar. 5, 1998;  63 FR 68981 , Dec. 14, 1998;  65 FR 38327 ,
   June 20, 2000;  68 FR 4955 , Jan. 31, 2003;  69 FR 17959 , Apr. 6, 2004;  71 FR 69048 , Nov. 29, 2006]

Processing of Applications