§ 22.859   Incumbent commercial aviation air-ground systems.

   This section contains rules concerning continued operation of
   commercial aviation air-ground systems that were originally authorized
   prior to January 1, 2004 to provide radiotelephone service using
   narrowband (6 kHz) channels, and that have been providing service
   continuously since the original commencement of service (hereinafter
   "incumbent systems").

   (a) An incumbent system may continue to operate under its
   authorization, for the remaining term of such authorization, subject to
   the terms and conditions attached thereto. Wherever such technical and
   operational conditions differ from technical and operational rules in
   this subpart, those conditions shall govern its operations.

   (b) Notwithstanding any other provision in this chapter, the licensee
   of an incumbent system shall not be entitled to an expectation of
   renewal of said authorization.

   (c) During the period that an incumbent system continues to operate and
   provide service pursuant to paragraph (a) of this section, air-ground
   systems of licensees holding a new authorization for the spectrum
   within which the incumbent system operates must not cause interference
   to the incumbent system. Protection from interference requires that the
   signals of the new systems must not exceed a ground station received
   power of -130 dBm within a 6 kHz receive bandwidth, calculated assuming
   a 0 dBi vertically polarized receive antenna.

   [ 70 FR 19310 , Apr. 13, 2005]

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