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e-CFR data is current as of September 25, 2020

Title 47Chapter ISubchapter DPart 96 → Subpart A


Title 47: Telecommunication
PART 96—CITIZENS BROADBAND RADIO SERVICE


Subpart A—General Rules


Contents
§96.1   Scope.
§96.3   Definitions.
§96.5   Eligibility.
§96.7   Authorization required.
§96.9   Regulatory status.
§96.11   Frequencies.
§96.13   Frequency assignments.

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§96.1   Scope.

(a) This section sets forth the regulations governing use of devices in the Citizens Broadband Radio Service. Citizens Broadband Radio Service Devices (CBSDs) may be used in the frequency bands listed in §96.11. The operation of all CBSDs shall be coordinated by one or more authorized Spectrum Access Systems (SASs).

(b) The Citizens Broadband Radio Service includes Priority Access and General Authorized Access tiers of service. Priority Access Licensees and General Authorized Access Users must not cause harmful interference to Incumbent Users and must accept interference from Incumbent Users. General Authorized Access Users must not cause harmful interference to Priority Access Licensees and must accept interference from Priority Access Licensees.

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§96.3   Definitions.

The definitions in this section apply to this part.

Adjacent Channel Leakage Ratio. The Adjacent Channel Leakage Ratio (ACLR) is the ratio of the filtered mean power over the assigned Aggregated Channel Bandwidth to the filtered mean power over the equivalent adjacent channel bandwidth. The power in the assigned Aggregated Channel Bandwidth and its equivalent adjacent channel bandwidth are measured with rectangular filters with measurement bandwidths equal to the Aggregated Channel Bandwidth.

Aggregated Channel Bandwidth. The Aggregated Channel Bandwidth is the bandwidth of a single channel, or in the case of multiple contiguous channels, the bandwidth between the upper and lower limits of the combined contiguous channels.

Citizens Broadband Radio Service Device (CBSD). Fixed Stations, or networks of such stations, that operate on a Priority Access or General Authorized Access basis in the Citizens Broadband Radio Service consistent with this rule part. For CBSDs which comprise multiple nodes or networks of nodes, CBSD requirements apply to each node even if network management and communication with the SAS is accomplished via a single network interface. End User Devices are not considered CBSDs.

(1) Category A CBSD. A lower power CBSD that meets the general requirements applicable to all CBSDs and the specific requirements for Category A CBSDs set forth in §§96.41 and 96.43.

(2) Category B CBSD. A higher power CBSD that meets the general requirements applicable to all CBSDs and the specific requirements for Category B CBSDs set forth in §§96.41 and 96.45.

Coastline. The mean low water line along the coast of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea, 21 I.L.M. 1261.

County. For purposes of this part, counties shall be defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017.

End user device. A device authorized and controlled by an authorized CBSD. These devices may not be used as intermediate service links or to provide service over the frequencies listed in §96.11 to other End User Devices or CBSDs.

Environmental Sensing Capability (ESC). A system that detects and communicates the presence of a signal from an Incumbent User to an SAS to facilitate shared spectrum access consistent with §§96.15 and 96.67.

Exclusion zone. A geographic area wherein no CBSD shall operate. Exclusion Zones shall be enforced and maintained by the SAS. Exclusion Zones will be converted to Protection Zones following the approval and commercial deployment of an ESC and SAS consistent with this part.

Fixed station. A CBSD or End User Device that transmits and/or receives radio communication signals at a fixed location. Fixed Stations may be moved from time to time but Fixed CBSDs must turn off and re-register with the SAS prior to transmitting from a new location.

Geo-location capability. The capability of a CBSD to register its geographic coordinates within the level of accuracy specified in §96.39. The CBSD location is used by the SAS to determine frequency availability and maximum transmit power limits for CBSDs.

General Authorized Access (GAA) User. An authorized user of one or more CBSDs operating on a General Authorized Access basis, consistent with subpart D of this part.

Grandfathered wireless broadband licensee. A licensee authorized to operate in the 3650-3700 MHz band consistent with §90.1338 of this chapter.

Grandfathered wireless protection zone. A geographic area and frequency range in which Grandfathered Wireless Broadband Licensees will receive protection from Citizens Broadband Radio Service transmissions and defined using methodology determined by the Wireless Telecommunications Bureau and Office of Engineering and Technology.

Incumbent user. A federal entity authorized to operate on a primary basis in accordance with the table of frequency allocations, fixed satellite service operator, or Grandfathered Wireless Broadband Licensee authorized to operate on a primary basis on frequencies designated in §96.11.

License area. The geographic component of a PAL. A License Area consists of one county.

Mobile station. A device intended to be used while in motion or during halts at unspecified points.

PAL Protection Area. The area within the Priority Access Licensee's default protection contour, as calculated by the SAS in accordance with §96.25 (or smaller, self-reported protection contour). This area will be protected from interference in accordance with §§96.25 and 96.41(d).

Portable station. A device designed to be used within 20 centimeters of the body of the user.

Priority Access License (PAL). A license to operate on a Priority Access basis, consistent with subpart C of this part.

Priority access licensee. A holder of one or more PALs. Priority Access Licensees shall be entitled to protection from General Authorized Access Users and other Priority Access Licensees within the defined temporal, geographic, and frequency limits of their PAL, consistent with the rules set forth in this part.

Protection zone. A geographic area wherein CBSDs may operate only with the permission of an approved SAS and ESC.

Rural area. For purposes of this part, any Census Tract which is not located within, or overlapping:

(1) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or

(2) An urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants.

Service area. One or more contiguous License Areas held by the same Priority Access Licensee.

Spectrum Access System (SAS). A system that authorizes and manages use of spectrum for the Citizens Broadband Radio Service in accordance with subpart F of this part.

Spectrum Access System (SAS) administrator. An entity authorized by the Commission to operate an SAS in accordance with the rules and procedures set forth in §96.63.

[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016; 83 FR 63095, Dec. 7, 2018]

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§96.5   Eligibility.

Any entity, other than those precluded by Section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, and otherwise meets the technical, financial, character, and citizenship qualifications that the Commission may require in accordance with such Act is eligible to be a Priority Access Licensee or General Authorized Access User under this part; provided further, that no entity barred by 47 U.S.C. 1404 is eligible to be a Priority Access Licensee.

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§96.7   Authorization required.

(a) CBSDs and End User Devices must be used and operated consistent with the rules in this part.

(b) Authorizations for PALs may be granted upon proper application, provided that the applicant is qualified in regard to citizenship, character, financial, technical and other criteria established by the Commission, and that the public interest, convenience and necessity will be served. See 47 U.S.C. 301, 308, 309, and 310. The holding of an authorization does not create any rights beyond the terms, conditions, and period specified in the authorization and shall be subject to the provisions of the Communications Act of 1934, as amended, and the Commission's rules and policies thereunder.

(c) Grandfathered Wireless Broadband Licensees are authorized to operate consistent with §90.1338 of this chapter.

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§96.9   Regulatory status.

Priority Access Licensees and General Authorized Access Users are permitted to provide services on a non-common carrier and/or on a common carrier basis. An authorized Citizens Broadband Radio Service user may render any kind of communications service consistent with the regulatory status in its authorization and with the Commission's rules applicable to that service.

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§96.11   Frequencies.

(a) The Citizens Broadband Radio Service is authorized in the 3550-3700 MHz frequency band.

(1) General Authorized Access Users may operate in the 3550-3700 MHz frequency band.

(2) Priority Access Users may operate in the 3550-3650 MHz frequency band.

(3) Grandfathered Wireless Broadband Licensees may continue to use the 3650-3700 MHz band in accordance with §90.1338 of this chapter.

(b) [Reserved]

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§96.13   Frequency assignments.

(a) Each PAL shall be authorized to use a 10 megahertz channel in the 3550-3650 MHz band.

(1) No more than seven PALs shall be assigned in any given License Area at any given time.

(2) Multiple channels held by the same Priority Access Licensee in a given License Area shall be assigned consistent with the requirements of §96.25.

(3) Any frequencies designated for Priority Access that are not in use by a Priority Access Licensee may be utilized by General Authorized Access Users.

(b) The 3650-3700 MHz band shall be reserved for Grandfathered Wireless Broadband Licensees and GAA Users.

(c) An SAS shall assign authorized CBSDs to specific frequencies, which may be reassigned by that SAS, consistent with this part.

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