§  90.753   Conditions of license modification.

   (a) Except as provided in paragraphs (b), and (c) of this section, a
   Phase I non nationwide licensee may modify its authorization to
   relocate its authorized base station up to one-half the distance over
   120 km toward any co-channel licensee's initially authorized base
   station, to a maximum distance of 8 km.

   (b) A Phase I non-nationwide licensee with an authorized base station
   located outside a Designated Filing Area (DFA) (see Public Notice, DA
   86-173,  52 FR 1302  (January 12, 1987)) may modify its authorization to
   relocate its authorized base station up to one-half the distance over
   120 km toward any co-channel licensee's initially authorized base
   station, to a maximum distance of 25 km, so long as the base station is
   relocated no more than 8 km inside of any DFA (i.e., no more than 8 km
   from the nearest DFA boundary line).

   (c) A Phase I non-nationwide licensee that has been granted Special
   Temporary Authority (STA) to operate at an alternative base station
   location may modify its authorization to seek permanent authorization
   at that location, regardless of whether locating the station at the STA
   site is in strict conformance with the provisions of paragraphs (a) and
   (b) of this section, if the licensee certifies that such a modification
   is in conformance with § § 90.723 and 90.729 and:

   (1) It has constructed its base station and has placed it in operation,
   or commenced service, at the STA site on or before January 26, 1996; or

   (2) It has taken delivery of its base station transceiver on or before
   January 26, 1996.

   (d) The application for a Phase I non-nationwide licensee proposing a
   base station modification resulting in less than 120 km separation from
   a co-channel licensee's initially authorized base station will be
   accepted by the Commission only with the consent of that co-channel
   licensee, as evidenced in a statement submitted concurrently with the
   licensee's application submission on FCC Form 601.

   (e) The application of a Phase I non-nationwide licensee proposing a
   base station modification resulting in at least a 120 km separation
   from each co-channel licensee's initially authorized base station but
   more than one-half the distance over 120 km toward any co-channel
   licensee's initially authorized base station will be accepted by the
   Commission only with the consent of that co-channel licensee, as
   evidenced in a statement submitted concurrently with the licensee's
   submission on FCC Form 601.

   [ 61 FR 3845 , Feb. 2, 1996, as amended at  63 FR 68973 , Dec. 14, 1998]