§ 90.693   Grandfathering provisions for incumbent licensees.

   (a) General provisions. These provisions apply to “incumbent licensees,” all
   800 MHz licensees authorized in the 809-821/854-866 MHz band who obtained
   licenses or filed applications on or before December 15, 1995.

   (b) Spectrum blocks A through V. An incumbent licensee's service area shall
   be defined by its originally licensed 40 dBμV/m field strength contour and
   its interference contour shall be defined as its originally-licensed 22
   dBμV/m field strength contour. The “originally-licensed” contour shall be
   calculated using the maximum ERP and the actual height of the antenna above
   average terrain (HAAT) along each radial. Incumbent licensees are permitted
   to add, remove or modify transmitter sites within their original 22 dBμV/m
   field strength contour without prior notification to the Commission so long
   as  their  original  22 dBμV/m field strength contour is not expanded.
   Incumbent licensee protection extends only to its 40 dBμV/m signal strength
   contour. Pursuant to the minor modification notification procedures set
   forth in 1.947(b), the incumbent licensee must notify the Commission within
   30  days  of  any change in technical parameters for stations that are
   authorized under a waiver of 90.621(b)(4), or that are authorized under
   90.621(b)(5).

   (c) Special provisions for spectrum blocks F1 through V. Incumbent licensees
   that  have received the consent of all affected parties or a certified
   frequency coordinator to utilize an 18 dBμV/m signal strength interference
   contour shall have their service area defined by their originally-licensed
   36 dBμV/m field strength contour and their interference contour shall be
   defined as their originally-licensed 18 dBμV/m field strength contour. The
   “originally-licensed” contour shall be calculated using the maximum ERP and
   the actual HAAT along each radial. Incumbent licensees seeking to utilize an
   18 dBμV/m signal strength interference contour shall first seek to obtain
   the  consent  of affected co-channel incumbents. When the consent of a
   co-channel licensee is withheld, an incumbent licensee may submit to any
   certified  frequency  coordinator  an  engineering  study showing that
   interference will not occur, together with proof that the incumbent licensee
   has sought consent. Incumbent licensees are permitted to add, remove or
   modify transmitter sites within their original 18 dBμV/m field strength
   contour  without prior notification to the Commission so long as their
   original  18  dBμV/m field strength contour is not expanded. Incumbent
   licensee protection extends only to its 36 dBμV/m signal strength contour.
   Pursuant to the minor modification notification procedures set forth in
   1.947(b), the incumbent licensee must notify the Commission within 30 days
   of any change in technical parameters for stations that are authorized under
   a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5).

   (d)  Consolidated  license—(1)  Spectrum blocks A through V. Incumbent
   licensees operating at multiple sites may, after grant of EA licenses has
   been  completed, exchange multiple site licenses for a single license,
   authorizing operations throughout the contiguous and overlapping 40 dBµV/m
   field strength contours of the multiple sites. Incumbents exercising this
   license exchange option must submit specific information on Form 601 for
   each  of  their external base sites after the close of the 800 MHz SMR
   auction.  The  incumbent's  geographic  license area is defined by the
   contiguous  and  overlapping 22 dBµV/m contours of its constructed and
   operational external base stations and interior sites that are constructed
   within  the  construction period applicable to the incumbent. Once the
   geographic  license  is  issued,  facilities  that are added within an
   incumbent's existing footprint and that are not subject to prior approval by
   the Commission will not be subject to construction requirements.

   (2) Special Provisions for Spectrum Blocks F1 through V. Incumbent licensees
   that  have received the consent of all affected parties or a certified
   frequency coordinator to utilize an 18 dBµV/m signal strength interference
   contour operating at multiple sites may, after grant of EA licenses has been
   completed, exchange multiple site licenses for a single license. This single
   site  license  will authorize operations throughout the contiguous and
   overlapping  36  dBµV/m field strength contours of the multiple sites.
   Incumbents exercising this license exchange option must submit specific
   information on Form 601 for each of their external base sites after the
   close of the 800 SMR auction. The incumbent's geographic license area is
   defined  by  the  contiguous and overlapping 18 dBµV/m contours of its
   constructed and operational external base stations and interior sites that
   are constructed within the construction period applicable to the incumbent.
   Once the geographic license is issued, facilities that are added within an
   incumbent's existing footprint and that are not subject to prior approval by
   the Commission will not be subject to construction requirements.

   [ 64 FR 71055 , Dec. 20, 1999, as amended at  69 FR 67852 , Nov. 22, 2004;  70 FR 6761 , Feb. 8, 2005;  70 FR 61062 , Oct. 20, 2005]

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