§  90.159   Temporary and conditional permits.

   (a) An applicant for a license under this part (other than a commercial
   mobile radio license) utilizing an already licensed facility may
   operate the radio station(s) for a period of up to one hundred eighty
   (180) days after submitting a Form 601 application for a station
   license in accordance with § 90.127 of this part, provided that all the
   antennas employed by control stations are 6.1 meters (20 feet) or less
   above ground or 6.1 meters (20 feet) or less above a man-made structure
   other than an antenna tower to which it is affixed. When required by
   § 90.175 of this part, applications must be accompanied by evidence of
   frequency coordination. The temporary operation of stations, other than
   mobile stations within the Canadian coordination zone is limited to
   stations with a maximum of 5 watts effective radiated power and a
   maximum antenna height of 6.1 meters (20 ft) above average terrain.

   (b) An applicant proposing to operate a new land mobile radio station
   or modify an existing station below 470 MHz or in the one-way paging
   929–930 MHz band (other than a commercial mobile radio service
   applicant or licensee on these bands) that is required to submit a
   frequency recommendation pursuant to paragraphs (b) through (h) of
   § 90.175 of this part may operate the proposed station during the
   pendency of its application for a period of up to one hundred eighty
   (180) days upon the filing of a properly completed formal Form 601
   application that complies with § 90.127 of this part if the application
   is accompanied by evidence of frequency coordination in accordance with
   § 90.175 of this part and provided that the following conditions are
   satisfied:

   (1) For applicants proposing to operate below 470 MHz, that the
   proposed station location is south of Line A or west of Line C as
   defined in § 90.7; for applicants in the one-way paging 929–930 MHz
   band, that the proposed station location is west of Line C as defined
   in § 90.7.

   (2) The proposed antenna structure has been previously studied by the
   Federal Aviation Administration and determined to pose no hazard to
   aviation safety as required by § 17.4 of the Commission's Rules; or the
   proposed antenna or tower structure does not exceed 6.1 meters (20
   feet) 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.

   (3) The grant of the application does not require a waiver of the
   Commission's Rules.

   (4) The applicant has determined that the proposed facility will not
   significantly affect the environment as defined in § 1.1307.

   (5) The applicant has determined that the proposed station affords the
   level of protection to radio quiet zones and radio receiving facilities
   as specified in § 1.924 of this chapter.

   (6) The applicant has submitted an application to the Commission
   stating the frequency the applicant intends to use and that the
   frequency coordination requirements specified in § 90.175 for selection
   and use of this frequency have been met and a minimum of ten business
   days has passed between submission of the application to the Commission
   and the onset of operation.

   (c) An applicant proposing to operate an itinerant station or an
   applicant seeking the assignment of authorization or transfer of
   control of a license for an existing station below 470 MHz or in the
   929–930 MHz band (other than a commercial mobile radio service
   applicant or licensee on these bands) may operate the proposed station
   during the pendency of the application for a period not to exceed one
   hundred eighty (180) days upon the filing of a properly completed
   formal Form 601 application that complies with § 90.127 of this part.
   Conditional authority ceases immediately if the application is
   dismissed by the Commission. All other categories of applications
   listed in § 90.175(i) of this part that do not require evidence of
   frequency coordination are excluded from the provisions of this
   section.

   (d) Conditional authorization does not prejudice any action the
   Commission may take on the subject application. Conditional authority
   is accepted with the express understanding that such authority may be
   modified or canceled by the Commission at any time without hearing if,
   in the Commission's discretion, the need for such action arises.
   Consistent with § 90.175(g) of this part, the applicant assumes all
   risks associated with operation under conditional authority, the
   termination or modification of conditional authority, or the subsequent
   dismissal or denial of its application. Authority reverts back to the
   original licensee if an assignee or transferee's conditional authority
   is canceled.

   (e) The transmissions of new stations operating pursuant to conditional
   authority shall be identified by a temporary call sign consisting of
   the prefix “WT” followed by the applicant's local seven digit business
   telephone number as provided in § 2.302. Transmissions by applicants for
   the modification, assignment of authorization or transfer of control of
   an existing station shall be identified by the station's call sign.

   [ 51 FR 14997 , Apr. 22, 1986, as amended at  54 FR 50239 , Dec. 5, 1989;
    58 FR 44956 , Aug. 25, 1993;  58 FR 62291 , Nov. 26, 1993;  59 FR 59959 ,
   Nov. 21, 1994;  62 FR 18924 , Apr. 17, 1997;  63 FR 68964 , Dec. 14, 1998;
    69 FR 17959 , Apr. 6, 2004]

Special Rules Governing Facilities Used To Provide Commercial Mobile Radio
Services

   Source:    59 FR 59959 , Nov. 21, 1994;  63 FR 68964 , Dec. 14, 1998,
   unless otherwise noted.

   Note: The following rules (§ § 90.165 through 90.169) govern
   applications, licensing, and operation of radio facilities in the
   220–222 MHz (subpart T), Business Radio (subpart D), 929–930 MHz Paging
   (subpart P), and Specialized Mobile Radio (subpart S) services that are
   used to provide commercial mobile radio services (see § § 20.3 and 20.9
   of this chapter). Compliance with the rules relating to applications
   and licensing of facilities on paging-only channels in the Business
   Radio Service (see § 90.75(c)(10)) and 929–930 MHz paging channels (see
   § 90.494(a),(b)) is not required prior to August 10, 1996. Compliance
   with § 90.168 is also not required prior to August 10, 1996 for
   reclassified commercial mobile radio service providers who are to be
   regulated as private carriers until August 10, 1996 as provided in the
   Second Report and Order in GN Docket No. 93–252, 9 FCC Rcd 2348 (1994),
   paras. 280–284. The licensing and operation of radio facilities in the
   220–222 MHz (subpart T), Business Radio (subpart D), 929–930 MHz Paging
   (subpart P), and Specialized Mobile Radio (subpart S) services that are
   used to provide commercial mobile radio services are also subject to
   rules elsewhere in this part that apply generally to Private Land
   Mobile Radio Services. In the case of any conflict between rules set
   forth in § § 90.165 through 90.169 and other rules in this part, § § 90.165
   through 90.169 apply. 14–23. New § § 90.165 through 90.169 are added to
   subpart G to read as follows: