§  22.817   Additional channel policies.

   The rules in this section govern the processing of applications for
   authority to operate a ground station transmitter on any ground station
   communication channel listed in § 22.805 when the applicant has applied
   or been granted an authorization for other ground station communication
   channels in the same area. The general policy of the FCC is to assign
   one ground station communication channel in an area to a carrier per
   application cycle, up to a maximum of six ground station communication
   channels per area. That is, a carrier must apply for one ground station
   communication channel, receive the authorization, construct the
   station, and notify the FCC of commencement of service before applying
   for an additional ground station communication channel in that area.

   (a) Air-ground transmitters in same area. Any transmitter on any of the
   ground station channels listed in § 22.805 is considered to be in the
   same area as another transmitter on any ground station channel listed
   in § 22.805 if it is located less than 350 kilometers (217 miles) from
   that transmitter.

   (b) Initial channel. The FCC will not assign more than one ground
   station communication channel for new ground stations. Ground stations
   are considered to be new if there are no authorized ground station
   transmitters on any channel listed in § 22.805 controlled by the
   applicant in the same area.

   (c) Additional channel. Applications for ground transmitters to be
   located in the same area as an authorized ground station controlled by
   the applicant, but to operate on a different ground station
   communication channel, are considered as requesting an additional
   channel for the authorized station.

   (d) Amendment of pending application. If the FCC receives and accepts
   for filing an application for a ground station transmitter to be
   located in the same area as a ground station transmitter proposed in a
   pending application previously filed by the applicant, but on a
   different ground station communication channel, the subsequent
   application is treated as a major amendment to change the technical
   proposal of the prior application. The filing date of any application
   so amended is the date the FCC received the subsequent application.

   (e) Dismissal of premature applications for additional channel. If the
   FCC receives an application requesting an additional ground station
   communication channel for an authorized ground station prior to
   receiving notification that the station is providing service to
   subscribers on the authorized channel(s), the FCC may dismiss that
   application without prejudice.

   (f) Dismissal of applications for seventh channel. If the FCC receives
   an application requesting an additional ground station communication
   channel for an authorized ground station which would, if granted,
   result in that station being assigned more than six ground station
   communication channels in the same area, the FCC may dismiss that
   application without prejudice.

Commercial Aviation Air-Ground Systems