FCC Web Documents citing 101.509

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.txt
  • 5. We note that Boeing included the 92-95 GHz band in its comments regarding channelization plans. Id. Id. See e.g. Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Report and Order, 15 FCC Rcd 16935, 16965 ¶ 70 (2000). Id. at 16963 ¶¶ 65-67. Id. See 47 C.F.R. § 101.509(b). See 47 C.F.R. § 101.509(c). Id. at 16693 ¶ 66. 47 C.F.R. § 101.105. See Loea Petition, Appendix C at 4. See 47 C.F.R. § 101.107. We note that 39 GHz licensees are exempt from the frequency tolerance requirements set forth in Section 101.107 of the Commission's Rules. Id. See Loea Petition at 14. Id. We note that an EIRP
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • C.F.R. §§ 24.236, 24.237 (broadband PCS). These provisions provide flexibility for licensees to employ other measures to limit or prevent interference , such as use of robust technologies, partitioning the use of frequencies, taking advantage of terrain shielding and other propagation effects, and use of directional antennas. See, e.g., 47 C.F.R. § 27.55 (2305-2320, 746-764 and 776-794 MHz bands), § 101.509 (24 GHz band). In the 39 GHz proceeding, for example, the Commission expressed concern about adopting a limit without such information. Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18633 ¶ 68 (1997). See also LMDS Second
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.txt
  • comply with international agreements along the US borders. Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of Section 101.509 of this subpart. Stations also must comply with international coordination agreements. ------------------------------------------------------------------------ Nodal station User station Channel No. frequency band frequency band (MHz) limits (MHz) limits ------------------------------------------------------------------------ 25.................................... 18,820-18,830 19,160-19,170 26.................................... 18,830-18,840 19,170-19,180 27.................................... 18,840-18,850 19,180-19,190 28.................................... 18,850-18,860 19,190-19,200 29.................................... 18,860-18,870 19,200-19,210 30.................................... 18,870-18,880 19,210-19,220 31.................................... 18,880-18,890 19,220-19,230 32.................................... 18,890-18,900 19,230-19,240 33.................................... 18,900-18,910 19,240-19,250 34.................................... 18,910-18,920 19,250-19,260 35.................................... 24,250-24,290 25,050-25,090
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • private organization that leads efforts to develop and refine the frequency coordination procedures used by the point-to-point microwave industry. Report and Order and Second NPRM, 12 FCC Rcd at 18,633-34 ¶¶ 68-69. That study has not been completed. Id. at 18,634 ¶ 69. See 24 GHz Report and Order, 15 FCC Rcd at 16987 ¶ 29 (citing 47 C.F.R. § 101.509). and/agree/can_nonbroad_agree.html in PDF format under ``broadband wireless systems'' for 24 GHz and 39 GHz and under ``LMDS'' for 28 GHz. Licensees in these bands are required to comply with the agreements. Here, the geographic service areas are comprised of EAs or other defined geographical areas. 39 GHz incumbents have self-defined rectangular areas that will represent the boundary of the incumbent.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.txt
  • changing the certifying official) will not be accepted. Due Diligence. Potential bidders are reminded that there are a number of incumbent 24 GHz Service licensees operating on 24.25-24.45 GHz and 25.05-25.25 GHz bands that are subject to the upcoming auction. Incumbent licenses were originally granted in 1997 in 102 SMSAs. Incumbent systems are entitled to protection as specified under Section 101.509 of the Commission's rules from co-channel interference by any new entrant who obtains a 24 GHz EA license at the auction. We therefore caution potential bidders in formulating their bidding strategies to investigate and consider the extent to which 24 GHz channels are occupied by incumbents. We note that the power flux density listed in subparagraph (e) under Section 101.509
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-633A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-633A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-633A1.txt
  • bid amount and may be prohibited from participating in future auctions. A summary listing of documents issued by the Commission and the Bureau addressing the application of the anti-collusion rules may be found in Attachment G. Interference Protection Among other licensing and technical rules, 24 GHz licensees must comply with the interference protection and coordination requirements set forth in Sections 101.509 of the Commission's rules. Incumbent 24 GHz Service Licensees (formerly Digital Electronic Message Service (DEMS) licensees when they were in the 18 GHz band) authorized to operate in Standard Metropolitan Statistical Areas (``SMSAs'') shall retain exclusive rights to their channel(s) within their SMSA and must be protected. 24 GHz service licensees must also protect neighboring licensees. New EA licensees are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • to resolve mutually exclusive applications for initial licenses. Need: The revised rules establish revised technical and service rules for the 24 GHz Service and implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r) and 309. Section Number and Title: 101.501 Eligibility. 101.503 Digital Electronic Message Service Nodal Stations. 101.509 Interference protection criteria. 101.511 Permissible services. 101.521 Spectrum utilization. 101.523 Service areas. 101.525 24 GHz system operations. 101.526 License term. 101.527 Construction requirements for 24 GHz operations. 101.529 Renewal expectancy criteria for 24 GHz licenses. 101.531 [Reserved]. 101.533 Regulatory status. 101.535 Geographic partitioning and spectrum aggregation/disaggregation. 101.537 24 GHz band subject to competitive bidding. 101.538 Designated entities. SUBPART J-LOCAL TELEVISION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
  • licensees will be required to protect the incumbents against harmful interference. We clarify that we will exclude the SMSAs of authorized incumbent licensees from the applicable EAs offered at auction and that incumbents will retain exclusive rights to use those channels located within its SMSA. Furthermore, as stated in the NPRM, we believe that the protection requirements afforded by Section 101.509 of the Commission's Rules will allow the incumbent licensees and new licensees to effectively coordinate their systems to avoid harmful interference. As we have done with other services, we note that should an incumbent lose its authority to operate, the incumbent's authorization will revert to the relevant EA licensee. Thus, the EA license holder will be permitted to operate within
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.txt
  • 5. We note that Boeing included the 92-95 GHz band in its comments regarding channelization plans. Id. Id. See e.g. Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Report and Order, 15 FCC Rcd 16935, 16965 ¶ 70 (2000). Id. at 16963 ¶¶ 65-67. Id. See 47 C.F.R. § 101.509(b). See 47 C.F.R. § 101.509(c). Id. at 16693 ¶ 66. 47 C.F.R. § 101.105. See Loea Petition, Appendix C at 4. See 47 C.F.R. § 101.107. We note that 39 GHz licensees are exempt from the frequency tolerance requirements set forth in Section 101.107 of the Commission's Rules. Id. See Loea Petition at 14. Id. We note that an EIRP
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • C.F.R. §§ 24.236, 24.237 (broadband PCS). These provisions provide flexibility for licensees to employ other measures to limit or prevent interference , such as use of robust technologies, partitioning the use of frequencies, taking advantage of terrain shielding and other propagation effects, and use of directional antennas. See, e.g., 47 C.F.R. § 27.55 (2305-2320, 746-764 and 776-794 MHz bands), § 101.509 (24 GHz band). In the 39 GHz proceeding, for example, the Commission expressed concern about adopting a limit without such information. Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18633 ¶ 68 (1997). See also LMDS Second
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.txt
  • Government Transfer Band, First Report and Order and Second Notice of Proposed Rule Making, ET Docket No. 98-237, 15 FCC Rcd 20488, 20540 ¶ 134 (2000). See Petition for Reconsideration at 7. Freeze on the Filing of Applications for New Licenses, Amendments, and Modifications in the 18.8-19.3 GHz Frequency Band, Order, 11 FCC Rcd 22363 (1996). See 47 C.F.R. § 101.509(c). Petition for Reconsideration at 13. FCC File Nos. 853570-576, 853578-581, 853611. FCC File Nos. 853620-26. For purposes of the suspension of processing, AMTS applications are mutually exclusive if they are either directly mutually exclusive with each other, or if they are part of a proposed system that includes applications that are mutually exclusive with other applications and the system is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
  • Government Transfer Band, First Report and Order and Second Notice of Proposed Rule Making, ET Docket No. 98-237, 15 FCC Rcd 20488, 20540 ¶ 134 (2000). See Petition for Reconsideration at 7. Freeze on the Filing of Applications for New Licenses, Amendments, and Modifications in the 18.8-19.3 GHz Frequency Band, Order, 11 FCC Rcd 22363 (1996). See 47 C.F.R. § 101.509(c). Petition for Reconsideration at 13. FCC File Nos. 853570-576, 853578-581, 853611. FCC File Nos. 853620-26. For purposes of the suspension of processing, AMTS applications are mutually exclusive if they are either directly mutually exclusive with each other, or if they are part of a proposed system that includes applications that are mutually exclusive with other applications and the system is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-77A1.txt
  • comply with international agreements along the US borders. Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of Section 101.509 of this subpart. Stations also must comply with international coordination agreements. ------------------------------------------------------------------------ Nodal station User station Channel No. frequency band frequency band (MHz) limits (MHz) limits ------------------------------------------------------------------------ 25.................................... 18,820-18,830 19,160-19,170 26.................................... 18,830-18,840 19,170-19,180 27.................................... 18,840-18,850 19,180-19,190 28.................................... 18,850-18,860 19,190-19,200 29.................................... 18,860-18,870 19,200-19,210 30.................................... 18,870-18,880 19,210-19,220 31.................................... 18,880-18,890 19,220-19,230 32.................................... 18,890-18,900 19,230-19,240 33.................................... 18,900-18,910 19,240-19,250 34.................................... 18,910-18,920 19,250-19,260 35.................................... 24,250-24,290 25,050-25,090
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • private organization that leads efforts to develop and refine the frequency coordination procedures used by the point-to-point microwave industry. Report and Order and Second NPRM, 12 FCC Rcd at 18,633-34 ¶¶ 68-69. That study has not been completed. Id. at 18,634 ¶ 69. See 24 GHz Report and Order, 15 FCC Rcd at 16987 ¶ 29 (citing 47 C.F.R. § 101.509). and/agree/can_nonbroad_agree.html in PDF format under ``broadband wireless systems'' for 24 GHz and 39 GHz and under ``LMDS'' for 28 GHz. Licensees in these bands are required to comply with the agreements. Here, the geographic service areas are comprised of EAs or other defined geographical areas. 39 GHz incumbents have self-defined rectangular areas that will represent the boundary of the incumbent.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-141A1.txt
  • comply with international agreements along the US borders. Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of Section 101.509 of this subpart. Stations also must comply with international coordination agreements. ------------------------------------------------------------------------ Nodal station User station Channel No. frequency band frequency band (MHz) limits (MHz) limits (* channels are no longer available on primary basis) ------------------------------------------------------------------------ 25.................................... 18,820-18,830 19,160-19,170* 26.................................... 18,830-18,840 19,170-19,180* 27.................................... 18,840-18,850 19,180-19,190* 28.................................... 18,850-18,860 19,190-19,200* 29.................................... 18,860-18,870 19,200-19,210* 30.................................... 18,870-18,880 19,210-19,220* 31.................................... 18,880-18,890 19,220-19,230* 32.................................... 18,890-18,900 19,230-19,240*
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-76A1.txt
  • operations, and consequently urges the Commission to adopt no new requirements. However, EchoStar and DIRECTV both propose an additional requirement to facilitate sharing in the case of 24 GHz FS and 17/24 GHz BSS earth station operations. They note that the Commission's rules already establish interference protection criteria between adjacent terrestrial license areas in the 24 GHz band. Specifically, Section 101.509(e) includes a recommendation that coordination is not necessary if the pfd at the boundary of the adjacent terrestrial licensing area is less than -114 dBW/m2/MHz, and that licensees should be able to deploy with a pfd of up to -94 dBW/m2/MHz at the boundary of the relevant adjacent area without negatively affecting the operations of the adjacent area licensee. EchoStar
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-186A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-186A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-186A1.txt
  • 47 C.F.R. § 101.103(d)). See 37-40 GHz Third Notice, 19 FCC Rcd at 8259-60, ¶ 69 (citing Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Notice of Proposed Rulemaking and Order, 11 FCC Rcd at 4986-87, ¶ 117 (1996)). See 37-40 GHz Third Notice, 19 FCC Rcd at 8260, ¶ 70 (citing 47 C.F.R. § 101.509). . Licensees in the 24 GHz and 39 GHz bands are required to comply with the agreements. The acceptable PFD limits under these agreements are -114 dB(W/m2) in any 1 megahertz band for both 24 GHz and 28 GHz, and -125 dB(W/m2) in any 1 megahertz band for 39 GHz. See 37-40 GHz Third Notice, 19 FCC Rcd at 8260,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-186A1_Rcd.pdf
  • ¶ 69 (citing47 C.F.R. § 101.103(d)). 52See 37-40 GHz Third Notice, 19 FCC Rcd at 8259-60, ¶ 69 (citingAmendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Notice of Proposed Rulemaking and Order, 11 FCC Rcd at 4986-87, ¶ 117 (1996)). 53See 37-40 GHz Third Notice, 19 FCC Rcd at 8260, ¶ 70 (citing47 C.F.R. § 101.509). 54These agreements can be found at http://www.fcc.gov/ib/sand/agree/can_nonbroad_agree.html. Licensees in the 24 GHz and 39GHz bands are required to comply with the agreements. The acceptable PFD limits under these agreements are -114 dB(W/m2) in any 1 megahertz band for both 24 GHz and 28 GHz, and -125 dB(W/m2) in any 1 megahertz band for 39 GHz. 55See 37-40 GHz Third Notice,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.pdf
  • to the Part 101 rules that are generally applicable to the 24 GHz band, including interference criteria. Therefore, it is our tentative view that no special rules for protection of incumbents alone are necessary, any more than special protections would be required if additional providers were licensed in the 18 GHz band. We believe that the protection requirements of Part 101.509 will accommodate the new stations and allow licensees to effectively coordinate their systems. To the extent that any incumbent licensee wishes to use additional frequencies at 24 GHz or to extend its currently authorized service area, then such licensee may apply for such a license or licenses subject to the Commission's competitive bidding and other assignment procedures available. Any incumbent
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • licensees will be required to protect the incumbents against harmful interference. We clarify that we will exclude the SMSAs of authorized incumbent licensees from the applicable EAs offered at auction and that incumbents will retain exclusive rights to use those channels located within its SMSA. Furthermore, as stated in the NPRM, we believe that the protection requirements afforded by Section 101.509 of the Commission's Rules will allow the incumbent licensees and new licensees to effectively coordinate their systems to avoid harmful interference. As we have done with other services, we note that should an incumbent lose its authority to operate, the incumbent's authorization will revert to the relevant EA licensee. Thus, the EA license holder will be permitted to operate within
• http://wireless.fcc.gov/auctions/56/resources/BethFishel.pdf
  • will retain exclusive rights to their licensed channels within its Standard Metropolitan Statistical Areas (SMSA). Please note: SMSAsare based on the definitions listed in the Standard Metropolitan Areas, 1975, Office of Management and Budget as amended June 1981. · To view SMSAs, visit Office of Engineering and Technology (OET) web page at http://www.fcc.gov/oet/info/maps/areas/. · Protection requirements set forth in Section 101.509 of the rules will allow incumbent licensees and new licensees to effectively coordinate their systems to avoid harmful interference. · The term DEMS will no longer be a reference in the rules for 24 GHz. http: //www.fcc.gov/oet/info/maps/areas/ Due Diligence ·Due Diligence: What is required before you place your bid? ·Information to aid potential bidders with their research and evaluation of
• http://wireless.fcc.gov/auctions/56/resources/MichaelPollak.doc http://wireless.fcc.gov/auctions/56/resources/MichaelPollak.pdf
  • protection criteria of § 101.105 are met. (iii) Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of § 101.509. Stations must also comply with international coordination agreements. § 101.509 Interference protection criteria. (a) As a condition for use of frequencies in this service each licensee is required to: (1) Engineer the system to be reasonably compatible with adjacent and co-channel operations in the same or adjacent areas on all frequencies; and (2) Cooperate fully and in good faith to
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=56
  • be found on the Commission's web site by going to Tribal Land Credits. Incumbents Incumbent 24 GHz Service licensees (formerly Digital Electronic Message Service (DEMS) licensees when they were in the 18 GHz band) authorized to operate in Standard Metropolitan Statistical Areas ("SMSAs") shall retain exclusive rights to their channel(s) within their SMSA and must be protected. See 47 C.F.R. 101.509(c). 24 GHz service licensees must also protect neighboring licensees. New EA licensees are encouraged to develop sharing agreements with these incumbents and other new EA licensees along the boundaries of their areas. Potential bidders seeking licenses for EAs that border Canada or Mexico are subject to coordination arrangements with those respective countries. See 47 C.F.R. 101.509(d). We note that should
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • to the Part 101 rules that are generally applicable to the 24 GHz band, including interference criteria. Therefore, it is our tentative view that no special rules for protection of incumbents alone are necessary, any more than special protections would be required if additional providers were licensed in the 18 GHz band. We believe that the protection requirements of Part 101.509 will accommodate the new stations and allow licensees to effectively coordinate their systems. To the extent that any incumbent licensee wishes to use additional frequencies at 24 GHz or to extend its currently authorized service area, then such licensee may apply for such a license or licenses subject to the Commission's competitive bidding and other assignment procedures available. Any incumbent
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • licensees will be required to protect the incumbents against harmful interference. We clarify that we will exclude the SMSAs of authorized incumbent licensees from the applicable EAs offered at auction and that incumbents will retain exclusive rights to use those channels located within its SMSA. Furthermore, as stated in the NPRM, we believe that the protection requirements afforded by Section 101.509 of the Commission's Rules will allow the incumbent licensees and new licensees to effectively coordinate their systems to avoid harmful interference. As we have done with other services, we note that should an incumbent lose its authority to operate, the incumbent's authorization will revert to the relevant EA licensee. Thus, the EA license holder will be permitted to operate within