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Electronic Code of Federal Regulations

e-CFR data is current as of January 23, 2020

Title 47Chapter ISubchapter DPart 90 → Subpart T


Title 47: Telecommunication
PART 90—PRIVATE LAND MOBILE RADIO SERVICES


Subpart T—Regulations Governing Licensing and Use of Frequencies in the 220-222 MHz Band


Contents
§90.701   Scope.
§90.703   Eligibility.
§90.705   Forms to be used.
§90.709   Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart.
§90.711   Processing of Phase II applications.
§90.713   Entry criteria.
§90.715   Frequencies available.
§90.717   Channels available for nationwide systems in the 220-222 MHz band.
§90.719   Individual channels available for assignment in the 220-222 MHz band.
§90.720   Channels available for public safety/mutual aid.
§90.721   Other channels available for non-nationwide systems in the 220-222 MHz band.
§90.723   Selection and assignment of frequencies.
§90.725   Construction requirements for Phase I licensees.
§90.727   Extended implementation schedules for Phase I licensees.
§90.729   Limitations on power and antenna height.
§90.733   Permissible operations.
§90.735   Station identification.
§90.739   Number of systems authorized in a geographical area.
§90.741   Urban areas for Phase I nationwide systems.
§90.743   Renewal requirements.
§90.745   Phase I licensee service areas.
§90.751   Minor modifications of Phase I, non-nationwide licenses.
§90.753   Conditions of license modification.
§90.757   Construction requirements.

Policies Governing the Licensing and Use of Phase II EA, Regional and Nationwide Systems

§90.761   EA and Regional licenses.
§90.763   EA, Regional and nationwide system operations.
§90.765   Licenses term for Phase II licenses.
§90.767   Construction and implementation of EA and Regional licenses.
§90.769   Construction and implementation of Phase II nationwide licenses.
§90.771   Field strength limits.

Source: 56 FR 19603, Apr. 29, 1991, unless otherwise noted.

§90.701   Scope.

(a) Frequencies in the 220-222 MHz band are available for land mobile and fixed use for both Government and non-Government operations. This subpart supplements part 1, subpart F of this chapter which establishes the requirements and conditions under which commercial and private radio stations may be licensed in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the 220-222 MHz band.

(b)(1) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed on or before May 24, 1991 are referred to in this subpart as “Phase I” licensees;

(2) Applicants that filed initial applications for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” applicants; and

(3) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” assignments, operations, stations, and systems, respectively.

(c)(1) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed after May 24, 1991 are referred to in this subpart as “Phase II” licensees;

(2) Applicants that filed initial applications for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II” applicants; and

(3) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II” assignments, operations, stations, and systems, respectively.

(d) The rules in this subpart apply to both Phase I and Phase II licensees, applicants, assignments, operations, stations, and systems, unless otherwise specified.

[62 FR 15993, Apr. 3, 1997, as amended at 63 FR 68971, Dec. 14, 1998]

§90.703   Eligibility.

The following persons are eligible for licensing in the 220-222 MHz band.

(a) Any person eligible for licensing under subparts B or C of this part.

(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part, on a not-for-profit, cost-shared basis.

(c) Any person eligible under this part proposing to provide on a commercial basis, station and ancillary facilities for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.

[56 FR 19603, Apr. 29, 1991, as amended at 60 FR 15495, Mar. 24, 1995; 62 FR 18935, Apr. 17, 1997]

§90.705   Forms to be used.

Phase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared in accordance with §§1.2105 and 1.2107 of this chapter. Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart must be prepared on FCC Form 601 and submitted or filed in accordance with §1.913 of this chapter.

[63 FR 68971, Dec. 14, 1998, as amended at 67 FR 45375, July 9, 2002]

§90.709   Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart.

(a) Except as indicated in paragraph (b) of this section, the Commission will not consent to the following:

(1) Any request to amend an application so as to substitute a new entity as the applicant;

(2) Any application to assign or transfer a license for a Phase I, non-nationwide system prior to the completion of construction of facilities; or

(3) Any application to transfer or assign a license for a Phase I nationwide system before the licensee has constructed at least 40 percent of the proposed system pursuant to the provisions of §90.725(a) or §90.725(h), as applicable.

(b) The Commission will grant the applications described in paragrpah (a) of this section if:

(1) the request to amend an application or to transfer or assign a license does not involve a substantial change in the ownership or control or the applicant; or

(2) The changes in the ownership or control of the applciant are involuntary due to the original applicant's insolvency, bankruptcy, incapacity, or death.

(c) The assignee or transferee of a Phase I nationwide system is subject to the construction benchmarks and reporting requirements of §90.725. The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in §90.713.

(d) A licensee may partially assign any authorization in accordance with §90.1019.

(e) The assignee or transferee of a Phase II system is subject to the provisions of §§90.1017 and 1.2111(a) of this chapter.

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 32449, July 22, 1992; 62 FR 15993, Apr. 3, 1997; 63 FR 49295, Sept. 15, 1998]

§90.711   Processing of Phase II applications.

(a) Phase II applications for authorizations on Channels 166 through 170 and Channels 181 through 185 will be processed on a first-come, first-served basis. When multiple applications are filed on the same day for these frequencies in the same geographic area, and insufficient frequencies are available to grant all applications (i.e., if all applications were granted, violation of the station separation provisions of §90.723(k) of this part would result), these applications will be considered mutually exclusive.

(1) All applications will first be considered to determine whether they are substantially complete and acceptable for filing. If so, they will be assigned a file number and put in pending status. If not, they will be dismissed.

(2) Except as otherwise provided in this section, all applications in pending status will be processed in the order in which they are received, determined by the date on which the application was received by the Commission in its Gettysburg, Pennsylvania office (or the address set forth at §1.1102 of this chapter for applications requiring the fees established by part 1, subpart G of this chapter).

(3) Each application that is accepted for filing will then be reviewed to determine whether it can be granted. Frequencies will be assigned by the Commission pursuant to the provisions of §90.723.

(4) An application which is dismissed will lose its place in the processing line.

(b) All applications for Channels 161 through 165 that comply with the applicable rules of this part shall be granted. Licensees operating on such channels shall cooperate in the selection and use of frequencies and resolve any instances of interference in accordance with the provisions of §90.173.

(c) Phase II applications for authorization on all non-Government channels other than Channels 161 through 170 and 181 through 185 shall be processed in accordance with the provisions of subpart W of this part.

[62 FR 15993, Apr. 3, 1997, as amended at 63 FR 32590, June 12, 1998; 63 FR 68971, Dec. 14, 1998]

§90.713   Entry criteria.

(a) As set forth in §90.717, four 5-channel blocks are available for nationwide, commercial use to non-Government, Phase I applicants. Applicants for these nationwide channel blocks must comply with paragraphs (b), (c), and (d) of this section.

(b)(1) An applicant must include certification that, within ten years of receiving a license, it will construct a minimum of one base station in at least 70 different geographic areas designated in the application; that base stations will be located in a minimum of 28 of the 100 urban areas listed in §90.741; and that each base station will have all five assigned nationwide channels constructed and placed in operation (regularly interacting with mobile and/or portable units).

(2) An applicant must include certification that it will meet the construction requirements set forth in §90.725.

(3) An applicant must include a ten-year schedule detailing plans for construction of the proposed system.

(4) An applicant must include an itemized estimate of the cost of constructing 40 percent of the system and operating the system during the first four years of the license term.

(5) An applicant must include proof that the applicant has sufficient financial resources to construct 40 percent of the system and operate the proposed land mobile system for the first four years of the license term; i.e., that the applicant has net current assets sufficient to cover estimated costs or a firm financial commitment sufficient to cover estimated costs.

(c) An applicant relying on personal or internal resources for the showing required in paragraph (b) of this section must submit independently audited financial statements certified within one year of the date of the application showing net current assets sufficient to meet estimated construction and operating costs. An applicant must also submit an unaudited balance sheet, current within 60 days of the date of submission, that clearly shows the continued availability of sufficient net current assets to construct and operate the proposed system, and a certification by the applicant or an officer of the applicant organization attesting to the validity of the balance sheet.

(d) An applicant submitting evidence of a firm financial commitment for the showing required in paragraph (b) of this section must obtain the commitment from a bona fide commercially acceptable source, e.g., a state or federally chartered bank or savings and loan institution, other recognized financial institution, the financial arm of a capital equipment supplier, or an investment banking house. If the lender is not a state or federally chartered bank or savings and loan institution, other recognized financial institution, the financial arm of a capital equipment supplier, or an investment banking house, the lender must also demonstrate that it has funds available to cover the total commitments it has made. The lender's commitment shall contain a statement that the lender:

(1) Has examined the financial condition of the applicant including an audited financial statement, and has determined that the applicant is creditworthy;

(2) Has examined the financial viability of the proposed system for which the applicant intends to use the commitment; and

(3) Is willing, if the applicant is seeking a Phase I, commercial nationwide license, to provide a sum to the applicant sufficient to cover the realistic and prudent estimated costs of construction of 40 percent of the system and operation of the system for the first four years of the license term.

(e) A Phase II applicant for authorization in a geographic area for Channels 166 through 170 in the public safety/mutual aid category may not have any interest in another pending application in the same geographic area for Channels 166 through 170 in the public safety/mutual aid category, and a Phase II applicant for authorization in a geographic area for channels in the emergency medical category may not have any interest in another pending application in the same geographic area for channels in the emergency medical category.

[62 FR 15994, Apr. 3, 1997, as amended at 62 FR 18935, Apr. 17, 1997]

§90.715   Frequencies available.

(a) The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with base station frequencies taken from the 220-221 MHz band with corresponding mobile and control station frequencies being 1 MHz higher and taken from the 221-222 MHz band. Only the lower half of the frequency pair(s) is listed in the table. Use of these frequencies in the Mexican and Canadian border areas is subject to coordination with those countries. See paragraph (c) of this section for special provisions concerning use in the Mexico border area.

Table of 220-222 MHz Channel Designations

Channel No. Base frequency (MHz)
1220.0025
2.0075
3.0125
4.0175
5.0225
6.0275
7.0325
8.0375
9.0425
10.0475
11.0525
12.0575
13.0625
14.0675
15.0725
16.0775
17.0825
18.0875
19.0925
20.0975
21220.1025
22.1075
23.1125
24.1175
25.1225
26.1275
27.1325
28.1375
29.1425
30.1475
31.1525
32.1575
33.1625
34.1675
35.1725
36.1775
37.1825
38.1875
39.1925
40.1975
41220.2025
42.2075
43.2125
44.2175
45.2225
46.2275
47.2325
48.2375
49.2425
50.2475
51.2525
52.2575
53.2625
54.2675
55.2725
56.2775
57.2825
58.2875
59.2925
60.2975
61220.3025
62.3075
63.3125
64.3175
65.3225
66.3275
67.3325
68.3375
69.3425
70.3475
71.3525
72.3575
73.3625
74.3675
75.3725
76.3775
77.3825
78.3875
79.3925
80.3975
81220.4025
82.4075
83.4125
84.4175
85.4225
86.4275
87.4325
88.4375
89.4425
90.4475
91.4525
92.4575
93.4625
94.4675
95.4725
96.4775
97.4825
98.4875
99.4925
100.4975
101220.5025
102.5075
103.5125
104.5175
105.5225
106.5275
107.5325
108.5375
109.5425
110.5475
111.5525
112.5575
113.5625
114.5675
115.5725
116.5775
117.5825
118.5875
119.5925
120.5975
121220.6025
122.6075
123.6125
124.6175
125.6225
126.6275
127.6325
128.6375
129.6425
130.6475
131.6525
132.6575
133.6625
134.6675
135.6725
136.6775
137.6825
138.6875
139.6925
140.6975
141220.7025
142.7075
143.7125
144.7175
145.7225
146.7275
147.7325
148.7375
149.7425
150.7475
151.7525
152.7575
153.7625
154.7675
155.7725
156.7775
157.7825
158.7875
159.7925
160.7975
161220.8025
162.8075
163.8125
164.8175
165.8225
166.8275
167.8325
168.8375
169.8425
170.8475
171.8525
172.8575
173.8625
174.8675
175.8725
176.8775
177.8825
178.8875
179.8925
180.8975
181220.9025
182.9075
183.9125
184.9175
185.9225
186.9275
187.9325
188.9375
189.9425
190.9475
191.9525
192.9575
193.9625
194.9675
195.9725
196.9775
197.9825
198.9875
199.9925
200220.9975

(b) The 200 channels are divided into three sub-bands as follows:

Channel No. Sub-band Frequencies (MHz)
   1-40A220.0025-220.1975/221.0025-221.1975
  41-160C220.2025-220.7975/221.2025-221.7975
161-200B220.8025-220.9975/221.8025-221.9975

(c) U.S./Mexico border area. (1) Channels 16-30, 45-60, 76-90, 106-120, 136-145, 156-165, 178-194 are available for primary use within the United States within 120 km (74.6 mi) of the Mexican border, subject to the power and antenna height conditions specified in §90.729 and the use restrictions specified in §§90.717-90.721.

(2) Channels 195-200 are available to both the United States and Mexico in the border area on an unprotected basis. Use is limited to a maximum effective radiated power (ERP) of 2 watts and a maximum antenna height of 6.1 meters (20 ft) above ground.

(3) Channels allotted for primary Mexican use (1-15, 31-45, 61-75, 91-105, 121-135, 146-155, and 166-177) may be used in the border area subject to the condition that the power flux density not exceed−86 dB(W/m2) at or beyond any point on the border. Stations operating under this provision will be considered secondary and will not be granted protection from harmful interference from stations that have primary use of the frequencies.

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 55148, Nov. 24, 1992]

§90.717   Channels available for nationwide systems in the 220-222 MHz band.

(a) Channels 51-60, 81-90, and 141-150 are 10-channel blocks available to non-Government applicants only for nationwide Phase II systems.

(b) Channels 21-25, 26-30, 151-155, and 156-160 are 5-channel blocks available to non-Government applicants only for nationwide, commercial Phase I systems.

(c) Channels 111-115 and 116-120 are 5-channel blocks available for Government nationwide use only.

[62 FR 15994, Apr. 3, 1997]

§90.719   Individual channels available for assignment in the 220-222 MHz band.

(a) Channels 171 through 200 are available to both Government and non-Government Phase I applicants, and may be assigned singly or in contiguous channel groups.

(b) Channels 171 through 180 are available for any use by Phase I applicants consistent with this subpart.

(c) Channels 181 through 185 are set aside in Phase II for emergency medical use for applicants that meet the eligibility criteria of §90.20(a)(1)(iii) or §90.20(a)(2)(xiii).

(d) Channels 161 through 170 and 181 through 185 are the only 220-222 MHz channels available to Phase II non-nationwide, Government users.

[62 FR 15994, Apr. 3, 1997, as amended at 62 FR 18936, Apr. 17, 1997]

§90.720   Channels available for public safety/mutual aid.

(a) Part 90 licensees who meet the eligibility criteria of §§90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) are authorized by this rule to use mobile and/or portable units on Channels 161-170 throughout the United States, its territories, and the District of Columbia to transmit:

(1) Communications relating to the immediate safety of life;

(2) Communications to facilitate interoperability among entities eligible under §§90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 90.20(a)(2)(xiii) and 90.20(a)(2)(xiv); or

(3) Communications on behalf of and by members of organizations established for disaster relief purposes having an emergency radio communications plan (i.e., licensees eligible under §90.20(a)(2)(vii)) for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of emergency conditions during periods of actual or impending emergency, or disaster, until substantially normal conditions are restored; for limited training exercises incidental to an emergency radio communications plan, and for necessary operational communications of the disaster relief organization or its chapter affiliates.

(b) Any Government entity and any non-Government entity eligible to obtain a license under §§90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) is also eligible to obtain a license for base/mobile operations on Channels 161 through 170. Base/mobile or base/portable communications on these channels that do not relate to the immediate safety of life or to communications interoperability among the above-specified entities, may only be conducted on a secondary non-interference basis to such communications.

[62 FR 18936, Apr. 17, 1997, as amended at 81 FR 66544, Sept. 28, 2016]

§90.721   Other channels available for non-nationwide systems in the 220-222 MHz band.

(a) The channel groups listed in the following Table are available to both Government and non-Government Phase I applicants for trunked operations or operations of equivalent or greater efficiency for non-commercial or commercial operations.

Table 1—Phase I Trunked Channel Groups

Group No.Channel Nos.
11-31-61-91-121
22-32-62-92-122
33-33-63-93-123
44-34-64-94-124
55-35-65-95-125
66-36-66-96-126
77-37-67-97-127
88-38-68-98-128
99-39-69-99-129
1010-40-70-100-130
1111-41-71-101-131
1212-42-72-102-132
1313-43-73-103-133
1414-44-74-104-134
1515-45-75-105-135
1616-46-76-106-136
1717-47-77-107-137
1818-48-78-108-138
1919-49-79-109-139
2020-50-80-110-140

(b) The channels listed in the following Table are available to non-Government applicants for Phase II assignments in Economic Areas (EAs) and Regional Economic Area Groupings (REAGs) (see §§90.761 and 90.763).

Table 2—Phase II EA and Regional Channel Assignments

AssignmentAssignment areaGroup Nos. (from table 1)Channel Nos.
AEA2 and 13
BEA3 and 16
CEA5 and 18
DEA8 and 19
EEA171-180
FREAG1, 6, and 11
GREAG4, 9, and 14
HREAG7, 12, and 17
IREAG10, 15, and 20
JREAG186-200

[62 FR 15995, Apr. 3, 1997]

§90.723   Selection and assignment of frequencies.

(a) Phase II applications for frequencies in the 220-222 MHz band shall specify whether their intended use is for 10-channel nationwide systems, 10-channel EA systems, 15-channel Regional systems, public safety/mutual aid use, or emergency medical use. Phase II applicants for frequencies for public safety/mutual aid use or emergency medical use shall specify the number of frequencies requested. All frequencies in this band will be assigned by the Commission.

(b) Phase II channels will be assigned pursuant to §§90.717, 90.719, 90.720, 90.721, 90.761 and 90.763.

(c) Phase II applicants for public safety/mutual aid and emergency medical channels will be assigned only the number of channels justified to meet their requirements.

(d) Phase I base or fixed station receivers utilizing 221-222 MHz frequencies assigned from Sub-band A as designated in §90.715(b) will be geographically separated from those Phase I base or fixed station transmitters utilizing 220-221 MHz frequencies removed 200 kHz or less and assigned from Sub-band B as follows:

Geographic Separation of Sub-Band A; Base or Fixed Station Receivers and Sub-Band B; Base or Fixed Station Transmitters Effective

Separation distance (kilometers)Radiated power (watts)1
0.0-0.3(2)
0.3-0.55
0.5-0.610
0.6-0.820
0.8-2.025
2.0-4.050
4.0-5.0100
5.0-6.0200
Over 6.0500

1Transmitter peak envelope power shall be used to determine effective radiated power.

2Stations separated by 0.3 km or less shall not be authorized. This table does not apply to the low-power channels 196-200. See §90.729(c).

(e) Phase II licensees authorized on 220-221 MHz frequencies assigned from Sub-band B will be required to geographically separate their base station or fixed station transmitters from the base station or fixed station receivers of Phase I licensees authorized on 221-222 MHz frequencies 200 kHz removed or less in Sub-band A in accordance with the Table in paragraph (d) of this section. Such Phase II licensees will not be required to geographically separate their base station or fixed station transmitters from receivers associated with additional transmitter sites that are added by such Phase I licensees in accordance with the provisions of §90.745(a).

(f) Phase II licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies, if such transmitting and receiving frequencies are 200 kHz or less removed from one another, will be required to coordinate the location of their base stations or fixed stations to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of §90.173(b).

(g) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase I licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies (if such transmitting and receiving frequencies are 200 kHz or less removed from one another) that add, remove, or modify station sites in accordance with the provisions of §90.745(a) will be required to coordinate such actions with one another to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of §90.173(b).

(h) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B that add, remove, or modify station sites in accordance with the provisions of §90.745(a) will be required to coordinate such actions with Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies 200 kHz or less removed.

(i) A mobile station is authorized to transmit on any frequency assigned to its associated base station. Mobile units not associated with base stations (see §90.720(a)) must operate on “mobile” channels.

(j) A licensee's fixed station is authorized to transmit on any of the licensee's assigned base station frequencies or mobile station frequencies.

(k) Except for nationwide assignments, the separation of co-channel Phase I base stations, or fixed stations transmitting on base station frequencies, shall be 120 kilometers. Except for Phase I licensees seeking license modification in accordance with the provisions of §§90.751 and 90.753, shorter separations between such stations will be considered by the Commission on a case-by-case basis upon submission of a technical analysis indicating that at least 10 dB protection will be provided to an existing Phase I station's predicted 38 dBu signal level contour. The existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,50) field strength chart for Channels 7-13 in §73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential. The 10 dB protection to the existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,10) field strength chart for Channels 7-13 in §73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential.

[62 FR 15995, Apr. 3, 1997, as amended at 62 FR 18936, Apr. 17, 1997; 63 FR 32590, June 12, 1998]

§90.725   Construction requirements for Phase I licensees.

(a) Licensees granted commercial nationwide authorizations will be required to construct base stations and placed those base stations in operation as follows:

(1) In at least 10 percent of the geographic areas designated in the application within two years of initial license grant, including base stations in at least seven urban areas listed in §90.741 of this part;

(2) In at least 40 percent of the geographic areas designated in the application within four years of initial license grant, including base stations in at least 28 urban areas listed in §90.741 of this part;

(3) In at least 70 percent of the geographic areas designated in the application within six years of initial license grant, including base stations in at least 28 urban areas listed in §90.741 of this part;

(4) In all geographic areas designated in the application within ten years of initial license grant, including base stations in at least 28 urban areas listed in §90.741 of this part.

(b) Licensees not meeting the two and four year criteria shall lose the entire authorization, but will be permitted a six month period to convert the system to non-nationwide channels, if such channels are available.

(c) Licensees not meeting the six and ten year criteria shall lose the authorizations for the facilities not constructed, but will retain exclusivity for constructed facilities.

(d) Each commercial nationwide licensee must file a system progress report on or before the anniversary date of the grant of its license after 2, 4, 6 and 10 years, demonstrating compliance with the relevant construction benchmark criteria.

(1) An overall status report of the system, that must include, but need not be limited to:

(i) A list of all sites at which base stations have been constructed, with antenna heights and effective radiated power specified for each site;

(ii) A list of all other known base station sites at which construction has not been completed; and

(iii) A construction and operational schedule for the next five-year period, including any known changes to the plan for construction and operation submitted with the licensee's original application for the system.

(2) An analysis of the system's compliance with the requirements of paragraph (a) of this section, with documentation to support representations of completed construction, including, but not limited to:

(i) Equipment purchase orders and contracts;

(ii) Lease or purchase contracts relating to antenna site arrangements;

(iii) Equipment and antenna identification (serial) numbers; and

(iv) Service agreements and visits.

(e) Beginning with its second license term, each nationwide licensee must file a progress report once every five years on the anniversary date of the grant of the first renewal of its authorization, including the information required by paragraph (d)(1) of this section.

(f) Licensees authorized Phase I non-nationwide systems, or authorized on Channels 161 through 170 or Channels 181 through 185, must construct their systems (i.e., have all specified base stations constructed with all channels) and place their systems in operation, or commence service in accordance with the provisions of §90.167, within twelve months of the initial license grant date. Authorizations for systems not constructed and placed in operation, or having commenced service, within twelve months from the date of initial license grant cancel automatically.

(g) A licensee that loses authorization for some or all of its channels due to failure to meet construction deadlines or benchmarks may not reapply for nationwide channels in the same category or for non-nationwide channels in the same category in the same geographic area for one year from the date the Commission takes final action affirming that those channels have been cancelled.

(h) The requirements and conditions of paragraphs (a) through (e) and paragraph (g) of this section apply to nationwide licensees that construct and operate stations for fixed or paging operations on a primary basis instead of, or in addition to, stations for land mobile operations on a primary basis except that, in satisfying the base station construction and placed in operation requirements of paragraph (a) of this section and the system progress report requirements of paragraphs (d) and (e) of this section, licensees operating stations for fixed operation on a primary basis instead of, or in addition to, stations for land mobile or paging operations on a primary basis in a given geographic area may demonstrate how such fixed stations are providing substantial service to the public in those geographic areas.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 57 FR 32450, July 22, 1992; 58 FR 36363, July 7, 1993; 62 FR 15996, Apr. 3, 1997; 63 FR 49295, Sept. 15, 1998]

§90.727   Extended implementation schedules for Phase I licensees.

Except for nationwide and commercial systems, a period of up to three (3) years may be authorized for constructing and placing a system in operation if:

(a) The applicant submits justification for an extended implementation period. The justification must include reasons for requiring an extended construction period, the proposed construction schedule (with milestones), and must show either that:

(1) The proposed system will serve a large fleet of mobile units and will involve a multi-year cycle for its planning, approval, funding, purchase, and construction; or

(2) The proposed system will require longer than 8 months to place in operation because of its purpose, size, or complexity; or

(3) The proposed system is to be part of a coordinated or integrated area-wide system which will require more than 8 months to construct; or

(4) The applicant is a local governmental agency and demonstrates that the government involved is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system.

(b) Authorizations under this section are conditioned upon the licensee's compliance with the submitted extended implementation schedule. Failure to meet the schedule will result in loss of authorizations for facilities not constructed.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991]

§90.729   Limitations on power and antenna height.

(a) The permissible effective radiated power (ERP) with respect to antenna heights for land mobile, paging, or fixed stations transmitting on frequencies in the 220-221 MHz band shall be determined from the following Table. These are maximum values and applicants are required to justify power levels requested.

ERP vs. Antenna Height Table2

Antenna height above average terrain (HAAT), metersEffective radiated power, watts1
Up to 150500
150 to 225250
225 to 300125
300 to 45060
450 to 60030
600 to 75020
750 to 90015
900 to 105010
Above 10505

1Transmitter PEP shall be used to determine ERP.

2These power levels apply to stations used for land mobile, paging, and fixed operations.

(b) The maximum permissible ERP for mobile units is 50 watts. Portable units are considered as mobile units. Licensees operating fixed stations or paging base stations transmitting on frequencies in the 221-222 MHz band may not operate such fixed stations or paging base stations at power levels greater than 50 watts ERP, and may not transmit from antennas that are higher than 7 meters above average terrain, except that transmissions from antennas that are higher than 7 meters above average terrain will be permitted if the effective radiated power of such transmissions is reduced below 50 watts ERP by 20 log10(h/7) dB, where h is the height above average terrain (HAAT), in meters.

(c) Base station and fixed station transmissions on base station transmit Channels 196-200 are limited to 2 watts ERP and a maximum antenna HAAT of 6.1 meters (20 ft). Licensees authorized on these channels may operate at power levels above 2 watts ERP or with a maximum antenna HAAT greater than 6.1 meters (20 ft) if:

(1) They obtain the concurrence of all Phase I and Phase II licensees with base stations or fixed stations receiving on base station receive Channels 1-40 and located within 6 km of their base station or fixed station; and

(2) Their base station or fixed station is not located in the United States/Mexico or United States/Canada border areas.

[62 FR 15996, Apr. 3, 1997, as amended at 63 FR 32590, June 12, 1998]

§90.733   Permissible operations.

(a) Systems authorized in the 220-222 MHz band may be used:

(1)(i) For government and non-government land mobile operations, i.e., for base/mobile and mobile relay transmissions, on a primary basis; or

(ii) For the following operations instead of or in addition to a licensee's land mobile operations: One-way or two-way paging operations on a primary basis by all non-Government Phase II licensees, fixed operations on a primary basis by all non-Government Phase II licensees and all Government licensees, one-way or two-way paging or fixed operations on a primary basis by all non-Government Phase I licensees, except that before a non-Government Phase I licensee may operate one-way or two-way paging or fixed systems on a primary basis instead of or in addition to its land mobile operations, it must meet the following requirements:

(A) A nationwide Phase I licensee must;

(1) Meet its two-year benchmark for the construction of its land mobile system base stations as prescribed in §90.725(a); and

(2) Provide a new 10-year schedule, as required in §90.713(b)(3), for the construction of the fixed and/or paging system it intends to construct instead of, or in addition to, its nationwide land mobile system; and

(3) Certify that the financial showings and all other certifications provided in demonstrating its ability to construct and operate its nationwide land mobile system, as required in §§90.713 (b), (c) and (d), remain applicable to the nationwide system it intends to construct consisting of fixed and/or paging operations on a primary basis instead of, or in addition to, its land mobile operations; or

(4) In lieu of providing the requirements of paragraph (a)(1)(ii)(A)(3) of this section, provide the financial showings and all other certifications required in §§90.713 (b), (c) and (d) to demonstrate its ability to construct and operate a nationwide system consisting of fixed and/or paging operations on a primary basis instead of, or in addition to, its land mobile operations.

(B) A non-nationwide Phase I licensee must first meet the requirement to construct its land mobile base station and place it in operation, or commence service (in accordance with §90.167) as prescribed in §90.725(f) or §90.727, as applicable.

(2) Only by persons who are eligible for facilities under either this subpart or in the pools included in subpart B or C of this part.

(3) Except for licensees classified as CMRS providers under part 20 of this chapter, only for the transmission of messages or signals permitted in the services in which the participants are eligible.

(b) See §90.720 of this part for permissible operations on mutual aid channels.

(c) For operations requiring less than a 4 kHz bandwidth, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of §90.213 do not apply, but the out-of-band emission limits of §90.210(f) must be met.

(d) Licensees, except for licensees authorized on Channels 161 through 170 and 181 through 185, may combine any number of their authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz.

(e) In combining authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz, the emission limits in §90.210(f) must be met only at the outermost edges of the contiguous channels. Transmitters shall be tested to confirm compliance with this requirement with the transmission located as close to the band edges as permitted by the design of the transmitter. The frequency stability requirements in §90.213 shall apply only to the outermost of the contiguous channels authorized to the licensee. However, the frequency stability employed for transmissions operating inside the outermost contiguous channels must be such that the emission limits in §90.210(f) are met over the temperature and voltage variations prescribed in §2.995 of this chapter.

(f) A Phase I non-nationwide licensee operating a paging base station, or a fixed station transmitting on frequencies in the 220-221 MHz band, may only operate such stations at the coordinates of the licensee's authorized land mobile base station.

(g) The transmissions of a Phase I non-nationwide licensee's paging base station, or fixed station transmitting on frequencies in the 220-221 MHz band, must meet the requirements of §§90.723(d), (g), (h), and (k), and 90.729, and such a station must operate at the effective radiated power and antenna height-above-average-terrain prescribed in the licensee's land mobile base station authorization.

(h) Licensees using 220-222 MHz spectrum for geophysical telemetry operations are authorized to operate fixed stations on a secondary, non-interference basis to licensees operating in the 220-222 MHz band on a primary basis under the conditions that such licensees:

(1) Provide notification of their operations to co-channel non-nationwide Phase I licensees with an authorized base station, or fixed station transmitting on frequencies in the 220-221 MHz band, located within 45 km of the secondary licensee's station, to co-channel, Phase II EA or Regional licensee authorized to operate in the EA or REAG in which the secondary licensee's station is located, and to co-channel Phase I or Phase II nationwide licensees;

(2) Operate only at temporary locations in accordance with the provisions of §1.931 of this chapter;

(3) Not transmit at a power level greater than one watt ERP;

(4) Not transmit from an antenna higher than 2 meters (6.6 feet) above ground; and

(5) Not operate on Channels 111 through 120, 161 through 170, or 181 through 185.

(i) All licensees constructing and operating base stations or fixed stations on frequencies in the 220-222 MHz band must:

(1) Comply with any rules and international agreements that restrict use of their authorized frequencies, including the provisions of §90.715 relating to U.S./Mexican border areas;

(2) Comply with the provisions of §17.6 of this chapter with regard to antenna structures; and

(3) Comply with the provisions of §§1.1301 through 1.1319 of this chapter with regard to actions that may or will have a significant impact on the quality of the human environment.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 57 FR 32450, July 22, 1992; 59 FR 59967, Nov. 21, 1994; 62 FR 15997, Apr. 3, 1996; 62 FR 18936, Apr. 17, 1997; 63 FR 32591, June 12, 1998; 63 FR 68971, Dec. 14, 1998]

§90.735   Station identification.

(a) Except for nationwide systems authorized in the 220-222 MHz band, station identification is required pursuant to §90.425 of this part.

(b) Trunked systems shall employ an automatic device to transmit the call sign of the base station at 30 minute intervals. The identification shall be made on the lowest frequency in the base station trunked group assigned to the licensee. If this frequency is in use at the time identification is required, the identification may be made at the termination of the communication in progress on this frequency.

(c) Station identification may be by voice or International Morse Code. If the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute, and by means of tone modulation of the transmitter, with the tone frequency being between 800 and 1000 hertz.

(d) Digital transmissions may also be identified by digital transmission of the station call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information (such as digital codes and algorithms) sufficient to decipher the data transmission to ascertain the call sign transmitted.

[56 FR 19603, Apr. 29, 1991, as amended at 62 FR 15997, Apr. 3, 1997]

§90.739   Number of systems authorized in a geographical area.

There is no limit on the number of licenses that may be authorized to a single licensee.

[62 FR 46214, Sept. 2, 1997]

§90.741   Urban areas for Phase I nationwide systems.

Licensees of Phase I nationwide systems must construct base stations, or fixed stations transmitting on frequencies in the 220-221 MHz band, in a minimum of 28 of the urban areas listed in the following Table within ten years of initial license grant. A base station, or fixed station, is considered to be within one of the listed urban areas if it is within 60 kilometers (37.3 miles) of the specified coordinates (coordinates are referenced to North American Datum 1983 (NAD83)).

Table

Urban areaNorth latitudeWest longitude
New York, New York-Northeastern New Jersey40°4506.473°5937.5
Los Angeles-Long Beach, California34°0315.0118°1431.3
Chicago, Illinois-Northwestern Indiana41°5228.187°3822.2
Philadelphia, Pennsylvania/New Jersey39°5658.475°0919.6
Detroit, Michigan42°1948.183°0256.7
Boston, Massachusetts42°2124.471°0323.2
San Francisco-Oakland, California37°4638.7122°2443.9
Washington, DC/Maryland/Virginia38°5351.477°0031.9
Dallas-Fort Worth, Texas32°4709.596°4738.0
Houston, Texas29°4526.895°2137.8
St Louis, Missouri/Illinois38°3745.290°1222.4
Miami, Florida25°4638.480°1131.2
Pittsburgh, Pennsylvania40°2619.279°5959.2
Baltimore, Maryland39°1726.476°3643.9
Minneapolis-St Paul, Minnesota44°5856.993°1543.8
Cleveland, Ohio41°2951.281°4149.5
Atlanta, Georgia33°4510.484°2336.7
San Diego, California32°4253.2117°0924.1
Denver, Colorado39°4458.0104°5923.9
Seattle-Everett, Washington47°3631.4122°2016.5
Milwaukee, Wisconsin43°0219.087°5415.3
Tampa, Florida27°5659.182°2724.3
Cincinnati, Ohio/Kentucky39°0607.284°3034.8
Kansas City, Missouri/Kansas39°0456.094°3520.8
Buffalo, New York42°5252.278°5220.1
Phoenix, Arizona33°2712.2112°0430.5
San Jose, California37°2015.8121°5327.8
Indianapolis, Indiana39°4607.286°0946.0
New Orleans, Louisiana29°5653.790°0410.3
Portland, Oregon/Washington45°3105.4122°4039.3
Columbus, Ohio39°5747.283°0016.7
Hartford, Connecticut41°4612.472°4047.3
San Antonio, Texas29°2537.898°2907.1
Rochester, New York43°0941.277°3620.0
Sacramento, California38°3456.7121°2944.8
Memphis, Tennessee/Arkansas/Mississippi35°0846.390°0313.3
Louisville, Kentucky/Indiana38°1447.385°4548.9
Providence-Pawtucket-Warwick, RI/MA41°4932.471°2439.2
Salt Lake City, Utah40°4522.8111°5328.8
Dayton, Ohio39°4532.284°1142.8
Birmingham, Alabama33°3101.486°4836.0
Bridgeport, Connecticut41°1049.373°1120.4
Norfolk-Portsmouth, Virginia36°5110.576°1719.8
Albany-Schenectady-Troy, New York42°3901.373°4459.4
Oklahoma City, Oklahoma35°2826.297°3105.1
Nashville-Davidson, Tennessee36°0933.286°4655.0
Toledo, Ohio/Michigan41°3914.283°3238.8
New Haven, Connecticut41°1825.372°5528.4
Honolulu, Hawaii21°1848.6157°5150.1
Jacksonville, Florida30°1944.981°3941.3
Akron, Ohio41°0500.281°3043.4
Syracuse, New York43°0304.276°0912.7
Worcester, Massachusetts42°1537.371°4815.3
Tulsa, Oklahoma36°0912.395°5935.0
Allentown-Bethlehem-Easton, PA/NJ40°3611.475°2804.7
Richmond, Virginia37°3215.577°2607.9
Orlando, Florida28°3243.081°2237.3
Charlotte, North Carolina35°1344.580°5044.3
Springfield-Chicopee-Holyoke, MA/CT42°0621.372°3530.3
Grand Rapids, Michigan42°5803.185°4013.1
Omaha, Nebraska/Iowa41°1542.095°5615.1
Youngstown-Warren, Ohio41°0557.280°3901.3
Greenville, South Carolina34°5050.482°2400.4
Flint, Michigan43°0050.183°4132.8
Wilmington, Delaware/New Jersey/Maryland39°4446.475°3249.7
Raleigh-Durham/North Carolina35°4638.578°3820.0
West Palm Beach, Florida26°4237.280°0306.1
Oxnard-Simi Valley-Ventura, California34°1200.0119°1103.4
Fresno, California36°4411.8119°4714.5
Austin, Texas30°1609.897°4438.0
Tucson, Arizona32°1315.3110°5810.3
Lansing, Michigan42°4401.184°3314.9
Knoxville, Tennessee35°5739.383°5506.7
Baton Rouge, Louisiana30°2658.791°1100.4
El Paso, Texas31°4536.4106°2913.0
Tacoma, Washington47°1458.4122°2619.4
Mobile, Alabama30°4136.788°0233.0
Harrisburg, Pennsylvania40°1543.376°5257.9
Albuquerque, New Mexico35°0501.2106°3907.1
Canton, Ohio40°4750.281°2236.4
Chattanooga, Tennessee/Georgia35°0241.385°1831.8
Wichita, Kansas37°4130.197°2017.2
Charleston, South Carolina32°4635.679°5552.3
San Juan, Puerto Rico18°2752.866°0658.6
Little Rock-North Little Rock, Arkansas34°4442.392°1637.5
Las Vegas, Nevada36°1019.9115°0840.0
Columbia, South Carolina34°0002.681°0159.3
Fort Wayne, Indiana41°0421.285°0825.9
Bakersfield, California35°2230.9119°0119.4
Davenport-Rock Island-Moline, IA/IL41°3100.190°3500.5
Shreveport, Louisiana32°3046.593°4458.6
Des Moines, Iowa41°3514.093°3700.8
Peoria, Illinois40°4142.189°3533.4
Newport News-Hampton, Virginia36°5930.576°2558.8
Jackson, Mississippi32°1756.590°1106.3
Augusta, Georgia/South Carolina33°2820.581°5759.4
Spokane, Washington47°3931.6117°2536.8
Corpus Christi, Texas27°4752.197°2346.0
Madison, Wisconsin43°0423.089°2255.4
Colorado Springs, Colorado38°5007.0104°4917.9

Note: The geographic coordinates are originally from the Department of Commerce publication of 1947: “Air-line Distances Between Cities in the United States” and from data supplied by the National Geodetic Survey and converted to the reference system of North American Datum 1983 using the National Geodetic Survey's NADCON program. The coordinates are determined by using the first city mentioned as the center of the urban area.

[63 FR 68971, Dec. 14, 1998]

§90.743   Renewal requirements.

Until January 1, 2023, all licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of §1.949 of this chapter. Licensees must demonstrate, in their application, that:

(a) They have provided “substantial” service during their past license term. “Substantial” service is defined in this rule as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal; and

(b) They have substantially complied with applicable FCC rules, policies, and the Communications Act of 1934, as amended.

[82 FR 41548, Sept. 1, 2017]

§90.745   Phase I licensee service areas.

(a) A Phase I licensee's service area shall be defined by the predicted 38 dBu service contour of its authorized base station or fixed station transmitting on frequencies in the 220-221 MHz band at its initially authorized location or at the location authorized in accordance with §§90.751, 90.753, 90.755 and 90.757 if the licensee has sought modification of its license to relocate its initially authorized base station. The Phase I licensee's predicted 38 dBu service contour is calculated using the F(50,50) field strength chart for Channels 7-13 in §73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the authorized effective radiated power (ERP) and antenna height-above-average-terrain of the licensee's base station or fixed station. Phase I licensees are permitted to add, remove, or modify transmitter sites within their existing service area without prior notification to the Commission so long as their predicted 38 dBu service contour is not expanded. The incumbent licensee must, however, notify the Commission within 30 days of the completion of any changes in technical parameters or additional stations constructed through a minor modification of its license. Such notification must be made by submitting the appropriate FCC form and must include the appropriate filing fee, if any. These minor modification applications are not subject to public notice and petition to deny requirements or mutually exclusive applications.

(b) Phase I licensees holding authorizations for service areas that are contiguous and overlapping may exchange these authorizations for a single license, authorizing operations throughout the contiguous and overlapping service areas. Phase I licensees exercising this license exchange option must submit specific information for each of their external base station sites.

[63 FR 32591, June 12, 1998]

§90.751   Minor modifications of Phase I, non-nationwide licenses.

Phase I non-nationwide licensees will be given an opportunity to seek modification of their license to relocate their initially authorized base station, i.e., locate their base station at a site other than its initially authorized location. The conditions under which modifications will be granted and the procedures for applying for license modifications are described in §§90.753, 90.757 and 1.929 of this chapter. For CMRS licensees, these modifications will be treated as minor modifications in accordance with §1.929 of this chapter.

[63 FR 68973, Dec. 14, 1998]

§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]

§90.757   Construction requirements.

(a) Except as provided in paragraph (b) of this section, a Phase I non-nationwide licensee that is granted modification of its authorization to relocate its base station must construct its base station and place it in operation, or commence service, on all authorized channels on or before August 15, 1996, or within 12 months of initial grant date, whichever is later. The authorization of a licensee that does not construct its base station and place it in operation, or commence service, by this date, cancels automatically and must be returned to the Commission.

(b) A Phase I non-nationwide licensee with a base station authorized at a location north of Line A must construct its base station and place it in operation, or commence service, on all authorized channels within 12 months of initial grant date, or within 12 months of the date of the release of the terms of an agreement between the United States and Canadian governments on the sharing of 220-222 MHz spectrum between the two countries, whichever is later. The authorization of a licensee that does not construct its base station and place it in operation, or commence service, by this date, cancels automatically and must be returned to the Commission.

[61 FR 3845, Feb. 2, 1996]

Policies Governing the Licensing and Use of Phase II EA, Regional and Nationwide Systems

Source: 62 FR 15998, 15999, Apr. 3, 1997, unless otherwise noted.

§90.761   EA and Regional licenses.

(a) EA licenses for spectrum blocks listed in Table 2 of §90.721(b) are available in 175 Economic Areas (EAs) as defined in §90.7.

(b) Regional licenses for spectrum blocks listed in Table 2 of §90.721(b) are available in six Regional Economic Area Groupings (REAGs) as defined in §90.7.

§90.763   EA, Regional and nationwide system operations.

(a) A nationwide licensee authorized pursuant to §90.717(a) may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere in the Nation, and transmit on any of its authorized channels, provided that the licensee complies with the requirements of §90.733(i).

(b) An EA or Regional licensee authorized pursuant to §90.761 may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere within its authorized EA or REAG, and transmit on any of its authorized channels, provided that:

(1) The licensee affords protection to all authorized co-channel Phase I non-nationwide base stations as follows:

(i) The EA or Regional licensee must locate its land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, at least 120 km from the land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, of co-channel Phase I licensees, except that separations of less than 120 km shall be considered on a case-by-case basis upon submission by the EA or Regional licensee of:

(A) A technical analysis demonstrating at least 10 dB protection to the predicted 38 dBu service contour of the co-channel Phase I licensee, i.e., demonstrating that the predicted 28 dBu interfering contour of the EA or Regional licensee's base station or fixed station does not overlap the predicted 38 dBu service contour of the co-channel Phase I licensee's base station or fixed station; or

(B) A written letter from the co-channel Phase I licensee consenting to a separation of less than 120 km, or to less than 10 dB protection to the predicted 38 dBu service contour of the licensee's base station or fixed station.

(ii) The Phase I licensee's predicted 38 dBu service contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,50) field strength chart for Channels 7-13 in §73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the licensee's authorized effective radiated power and antenna height-above-average-terrain. The EA or Regional licensee's predicted 28 dBu interfering contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,10) field strength chart for Channels 7-13 in §73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential.

(2) The licensee complies with the requirements of §90.733(i).

(3) The licensee limits the field strength of its base stations, or fixed stations operating on base station transmit frequencies, in accordance with the provisions of §90.771.

(4) Upon request by a licensee or the Commission, an EA or regional licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA or region. The EA or regional licensee must provide such information within ten (10) days of receiving written notification.

(c) In the event that the authorization for a co-channel Phase I base station, or fixed station transmitting on base station transmit frequencies, within an EA or Regional licensee's border is terminated or revoked, the EA or Regional licensee's channel obligations to such stations will cease upon deletion of the facility from the Commission's official licensing records, and the EA or Regional licensee then will be able to construct and operate without regard to the previous authorization.

[62 FR 15998, 15999, Apr. 3, 1997, as amended at 63 FR 68973, Dec. 14, 1998]

§90.765   Licenses term for Phase II licenses.

Nationwide licenses authorized pursuant to §90.717(a), EA and Regional licenses authorized pursuant to §90.761, and non-nationwide licenses authorized pursuant to §§90.720 and 90.719(c) will be issued for a term not to exceed ten years.

§90.767   Construction and implementation of EA and Regional licenses.

(a) An EA or Regional licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license and at least two-thirds of the population of its EA or REAG within ten years of the issuance of its initial license. Licensees may, in the alternative, provide substantial service to their licensed areas at the appropriate five- and ten-year benchmarks.

(b) Licensees must notify the Commission in accordance with §1.946 of this chapter of compliance with the Construction requirements of paragraph (a) of this section.

(c) Failure by an EA or Regional licensee to meet the construction requirements of paragraph (a) of this section, as applicable, will result in automatic cancellation of its entire EA or Regional license. In such instances, EA or Regional licenses will not be converted to individual, site-by-site authorizations for already constructed stations.

(d) EA and Regional licensees will not be permitted to count the resale of the services of other providers in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) of this section, as applicable.

(e) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations.

[69 FR 75172, Dec. 15, 2004]

§90.769   Construction and implementation of Phase II nationwide licenses.

(a) A nationwide licensee must construct a sufficient number of base stations (i.e., base stations for land mobile and/or paging operations) to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years of the issuance of its initial license and a composite area of at least 1,500,000 square kilometers or 75 percent of the United States population within ten years of the issuance of its initial license. Licensees may, in the alternative, provide substantial service to their licensed areas at the appropriate five- and ten-year benchmarks.

(b) Licensees must notify the Commission in accordance with §1.946 of this chapter of compliance with the Construction requirements of paragraph (a) of this section.

(c) Failure by a nationwide licensee to meet the construction requirements of paragraph (a) of this section, as applicable, will result in automatic cancellation of its entire nationwide license. In such instances, nationwide licenses will not be converted to individual, site-by-site authorizations for already constructed stations.

(d) Nationwide licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations.

[69 FR 75173, Dec. 15, 2004]

§90.771   Field strength limits.

(a) The transmissions from base stations, or fixed stations transmitting on base station transmit frequencies, of EA and Regional licensees may not exceed a predicted 38 dBu field strength at their EA or REAG border. The predicted 38 dBu field strength is calculated using the F(50,50) field strength chart for Channels 7-13 in §73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential.

(b) Licensees will be permitted to exceed the predicted 38 dBu field strength required in paragraph (a) of this section if all affected, co-channel EA and Regional licensees agree to the higher field strength.

(c) EA and Regional licensees must coordinate to minimize interference at or near their EA and REAG borders, and must cooperate to resolve any instances of interference in accordance with the provisions of §90.173(b).

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