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Title 47

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PART 101 - FIXED MICROWAVE SERVICES
Authority:

47 U.S.C. 154, 303.

Source:

61 FR 26677, May 28, 1996, unless otherwise noted.

Subpart A - General
§ 101.1 Scope and authority.

(a) Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the fixed microwave services.

(b) The purpose of the rules in this part is to prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, 24 GHz Service and Local Multipoint Distribution Service fixed, microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf.

(c) The rules in this part are issued pursuant to the authority contained in Titles I through III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to regulate common carriers of interstate and foreign communications, to regulate radio transmissions and issue licenses for radio stations, and to regulate all interstate and foreign communications by wire and radio necessary to the accomplishment of the purposes of the Act.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23163, Apr. 29, 1997; 63 FR 68981, Dec. 14, 1998; 65 FR 59357, Oct. 5, 2000]

§ 101.3 Definitions.

As used in this part:

24 GHz Service. A fixed point-to-point, point-to-multipoint, and multipoint-to-multipoint radio system in the 24.25-24.45 GHz band and in the 25.05-25.25 GHz band consisting of a fixed main (nodal) station and a number of fixed user terminals. This service may encompass any digital fixed service.

Antenna power gain. The ratio of the maximum radiation intensity to that of an isotropic (omnidirectional) radiator in the far field of its main (forward direction) lobe.

Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network.

Antenna structure. The antenna, its supporting structure and anything attached to it.

Assigned frequency. The center of the frequency band assigned to a station.

Assigned frequency bandwidth. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance.

Authorized bandwidth. The maximum bandwidth authorized to be used by a station as specified in the station license. (See § 2.202 of this chapter)

Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization.

Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization.

Automatic Transmitter Power Control (ATPC). ATPC is a feature of a digital microwave radio system that adjusts the transmitter output power. ATPC allows the transmitter to operate at less than maximum power for most of the time. In a radio employing ATPC, the transmit power is reduced during normal operation conditions. When the receiver detects a reduction in signal level, a control signal is sent to the far end transmitter, instructing it to increase the power output to compensate for the signal reduction. The power output is limited to the licensed (maximum) transmit power. Guidelines for use of ATPC are set forth in the TIA Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems (TSB 10).”

Bandwidth occupied by an emission. The band of frequencies comprising 99 percent of the total radiated power extended to include any discrete frequency on which the power is at least 0.25 percent of the total radiated power.

Bit rate. The rate of transmission of information in binary (two state) form in bits per unit time.

Carrier. In a frequency stabilized system, the sinusoidal component of a modulated wave whose frequency is independent of the modulating wave; or the output of a transmitter when the modulating wave is made zero; or a wave generated at a point in the transmitting system and subsequently modulated by the signal; or a wave generated locally at the receiving terminal which when combined with the side bands in a suitable detector, produces the modulating wave.

Carrier frequency. The output of a transmitter when the modulating wave is made zero.

Central office. A landline termination center used for switching and interconnection of public message communication circuits.

Common carrier fixed point-to-point microwave service. A common carrier public radio service rendered on microwave frequencies by fixed and temporary fixed stations between points that lie within the United States or between points to its possessions or to points in Canada or Mexico.

Communication common carrier. Any person engaged in rendering communication service for hire to the public.

Contiguous United States. For the 3700-4200 MHz band, the contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline (see § 27.6(m) of this chapter). In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416).

Control point. An operating position at which an operator responsible for the operation of the transmitter is stationed and which is under the control and supervision of the licensee.

Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter.

Coordination area. The area associated with a station outside of which another station sharing the same or adjacent frequency band neither causes nor is subject to interfering emissions greater than a permissible level.

Coordination contour. The line enclosing the coordination area.

Coordination distance. The distance on a given azimuth from a station beyond which another station neither causes nor is subject to interfering emissions greater than a permissible level.

Digital Electronic Message Nodal Station. A fixed point-to-multipoint radio station in a Digital Electronic Message Service providing two-way communication with Digital Electronic Message User Stations.

Digital Electronic Message Service. A two-way end-to-end fixed radio service utilizing digital termination systems for the exchange of digital information in the frequency bands 10,550-10,680 MHz, 18,820-18,920 MHz, and 19,160-19,260 MHz. This service may also make use of point-to-point microwave facilities, satellite facilities or other communications media to interconnect digital termination systems to comprise a network.

Digital Electronic Message User Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Digital Electronic Message Nodal Station, and providing two-way digital communications with the Digital Electronic Message Nodal Station.

Digital modulation. The process by which some characteristic (frequency, phase, amplitude or combinations thereof) of a carrier frequency is varied in accordance with a digital signal, e.g., one consisting of coded pulses or states.

Drop point. A term used in the point-to-point microwave radio service to designate a terminal point where service is rendered to a subscriber.

Earth station. A station located either on the Earth's surface or within the major portion of Earth's atmosphere and intended for communication:

(1) With one or more space stations; or

(2) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space.

Effective Radiated Power (ERP). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction.

Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna.

Exchange. A unit of a communication company or companies for the administration of communication service in a specified area, which usually embraces a city, town, or village and its environs, and consisting of one or more central offices, together with the associated plant, used in furnishing communication service in that area.

Exchange area. The geographic area included within the boundaries of an exchange.

Fixed satellite earth station. An earth station intended to be used at a specified fixed point.

Fixed relay station. A fixed station associated with one or more stations, established to receive radio signals directed to it and to retransmit them automatically on a fixed service frequency.

Fixed service. A radio communications service between specified fixed points.

Fixed station. A station in the fixed service.

Frequency tolerance. The maximum permissible departure by the center frequency of the frequency band occupied by an emission from the assigned frequency or, by the characteristic frequency of an emission from the reference frequency.

Note:

The frequency tolerance is expressed as a percentage or in Hertzs.

General communication. Two-way voice communication, through a base station, between:

(1) A common carrier land mobile or airborne station and a landline telephone station connected to a public message landline telephone system;

(2) Two common carrier land mobile stations;

(3) Two common carrier airborne stations;

(4) A common carrier land mobile station and a common carrier airborne station.

Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with these regulations.

Internodal link. A point-to-point communications link used to provide communications between nodal stations or to interconnect nodal stations to other communications media.

Landing area. A landing area means any locality, either of land or water, including airports and intermediate landing fields, which is used, or approved for use for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo.

Local Multipoint Distribution Service Backbone Link. A point-to-point radio service link in a Local Multipoint Distribution Service System that is used to interconnect Local Multipoint Distribution Service Hub Stations with each other or with the public switched telephone network.

Local Multipoint Distribution Service Hub Station. A fixed point-to-point or point-to-multipoint radio station in a Local Multipoint Distribution Service System that provides one-way or two-way communication with Local Multipoint Distribution Service Subscriber Stations.

Local Multipoint Distribution Service Subscriber Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Local Multipoint Distribution Service Hub Station, capable of receiving one-way communications from or providing two-way communications with the Local Multipoint Distribution Service Hub Station.

Local Multipoint Distribution Service System. A fixed point-to-point or point-to-multipoint radio system consisting of Local Multipoint Distribution Service Hub Stations and their associated Local Multipoint Distribution Service Subscriber Stations.

Local television transmission service. A public radio communication service for the transmission of television material and related communications.

Long haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths exceeds 402 kilometers.

Master station. A station in a multiple address radio system that controls, activates or interrogates four or more remote stations. Master stations performing such functions may also receive transmissions from remote stations.

Message center. The point at which messages from members of the public are accepted by the carrier for transmission to the addressee.

Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above.

Microwave link. A link is defined as a simplex communications circuit between two points utilizing a single frequency/polarization assignment. A duplex communications circuit would require two links, one link in each direction.

Miscellaneous common carriers. Communications common carriers that are not engaged in the business of providing either a public landline message telephone service or public message telegraph service.

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

Mobile service. A radio communication service between mobile and land stations or between mobile stations.

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

Multichannel Video Distribution and Data Service (MVDDS). A fixed microwave service licensed in the 12.2-12.7 GHz band that provides various wireless services. Mobile and aeronautical operations are prohibited.

Multiple address system (MAS). A point-to-multipoint or point-to-point radio communications system used for either one-way or two-way transmissions that operates in the 928/952/956 MHz, the 928/959 MHz or the 932/941 MHz bands in accordance with § 101.147.

National Spatial Reference System. The National Spatial Reference System (NSRS) is the name given to all Geodetic Control information contained in the National Geodetic Survey (NGS) Data Base. This includes: A, B, First, Second, and Third Order horizontal and vertical control observed by NGS as well as data submitted by other agencies (i.e., USGS, BLM, States, Counties, Cities, and private surveying organizations).

Necessary bandwidth. For a given class of emission, the width of the frequency band that is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. The necessary bandwidth may be calculated using the formulas in § 2.202 of this chapter.

Nodal station. The central or controlling stations in a microwave radio system operating on point-to-multipoint or multipoint-to-multipoint frequencies with one or more user stations or internodal links.

Occupied bandwidth. The width of a frequency bandwidth such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage, B/2 of the total mean power of a given emission. Unless otherwise specified by the CCIR for the appropriate class of emission, the value of B/2 should be taken as 0.5%.

Note:

The percentage of the total power outside the occupied bandwidth is represented by B.

Operational fixed station. A private fixed station not open to public correspondence.

Passive repeater. A re-radiation device associated with a transmitting/receiving antenna system that re-directs intercepted radiofrequency energy. For example, it may consist of reflector(s) or back-to-back parabolic or horn antennas.

Path length. The total distance of a path from the transmit to the receive antenna, inclusive of all passive repeaters, if any.

Payload capacity. The bit rate available for transmission of data over a radiocommunication system, excluding overhead data generated by the system.

Periscope antenna system. An antenna system which involves the use of a passive reflector to deflect radiation from or to a directional transmitting or receiving antenna which is oriented vertically or near vertically.

Prior coordination. A bilateral process conducted prior to filing applications which includes the distribution of the technical parameters of a proposed radio system to potentially affected parties for their evaluation and timely response.

Private carrier. An entity licensed in the private service and authorized to provide communications service to other private service eligibles on a commercial basis.

Private line service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time.

Private operational fixed point-to-point microwave service. A private radio service rendered by fixed and temporary fixed stations on microwave frequencies for the exclusive use or availability for use of the licensee or other eligible entities for communication between two or more designated points. Service may be provided between points within the United States, points within United States possessions, or between the United States and points in Canada or Mexico.

Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission.

Public message service. A service whereby facilities are offered to the public for communication between all points served by a carrier or by interconnected carriers on a non-exclusive message by message basis, contemplating a separate connection for each occasion of use.

Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service.

Radiocommunication. Telecommunication by means of radio waves.

Rated power output. The maximum radio frequency power output capability (peak or average power) of a transmitter, under optimum conditions of adjustment and operation, specified by its manufacturer.

Record communication. Any transmission of intelligence which is reduced to visual record form at the point of reception.

Reference frequency. A frequency having a fixed and specified position with respect to the assigned frequency. The displacement of this frequency with respect to the assigned frequency has the same absolute value and sign that the displacement of the characteristic frequency has with respect to the centre of the frequency band occupied by the emission.

Relay station. A fixed station used for the reception and retransmission of the signals of another station or stations.

Remote station. A fixed station in a multiple address radio system that transmits one-way to one or more central receive sites, controls a master station, or is controlled, activated or interrogated by, and may respond to, a master station.

Repeater station. A fixed station established for the automatic retransmission of radiocommunications received from one or more mobile stations and directed to a specified location; for public mobile radio operations, a fixed station that automatically retransmits the mobile communications and/or transmitter information about the base station, along a fixed point-to-point link between the base station and the central station.

Secondary operations. Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from these primary operations.

Short haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths does not exceed 402 kilometers.

Signal booster. A device at a fixed location which automatically receives, amplifies, and retransmits on a one-way or two-way basis, the signals received from base, fixed, mobile, and portable stations, with no change in frequency or authorized bandwidth. A signal booster may be either narrowband (Class A), in which case the booster amplifies only those discrete frequencies intended to be retransmitted, or broadband (Class B), in which case all signals within the passband of the signal booster filter are amplified.

Signaling communication. One-way communications from a base station to a mobile or fixed receiver, or to multi-point mobile or fixed receivers by audible or subaudible means, for the purpose of actuating a signaling device in the receiver(s) or communicating information to the receiver(s), whether or not the information is to be retained in record form.

Standby transmitter. A transmitter installed and maintained for use in lieu of the main transmitter only during periods when the main transmitter is out of service for maintenance or repair.

Symbol rate. Modulation rate in bauds. This rate may be higher than the transmitted bit rate as in the case of coded pulses or lower as in the case of multilevel transmission.

Telegraphy. A form of telecommunication which is concerned in any process providing transmission and reproduction at a distance of documentary matter, such as written or printed matter or fixed images, or the reproduction at a distance of any kind of information in such a form. Unless otherwise specified, telegraphy means a form of telecommunication for the transmission of written matter by the use of signal code.

Telemetering. The use of telecommunication for automatic indicating or recording measurements at a distance from the measuring instrument.

Telephony. A form of telecommunication set up for the transmission of speech, or in some cases, other sounds.

Television. A form of telecommunication for transmission of transient images of fixed or moving objects.

Temporary fixed station. A station established in a non-permanent mode (temporary) at a specified location for a short period of time, ranging up to one year. Temporary-fixed operations are itinerant in nature, and are not to be confused with mobile-type operations.

Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data.

User or subscriber station. The station(s) in a microwave radio system operating at the users' premises on point-to-multipoint or multipoint-to-multipoint frequencies and communicating with one or more nodal stations.

Video entertainment material. The transmission of a video signal (e.g. United States Standard Monochrome or National Television Systems Committee 525-line television) and an associated audio signal which is designed primarily to amuse or entertain, such as movies and games.

[61 FR 26677, May 28, 1996, as amended at 61 FR 29693, June 12, 1996; 61 FR 31052, June 19, 1996; 61 FR 44181, Aug. 28, 1996; 62 FR 23163, Apr. 29, 1997; 63 FR 68981, Dec. 14, 1998; 65 FR 17448, Apr. 3, 2000; 65 FR 38326, June 20, 2000; 65 FR 59357, Oct. 5, 2000; 67 FR 43037, June 26, 2002; 68 FR 4955, Jan. 31, 2003; 77 FR 54432, Sept. 5, 2012; 85 FR 22889, Apr. 23, 2020]

Subpart B - Applications and Licenses
General Filing Requirements
§ 101.4 Transition plan.

(a) All systems subject to parts 21 and 94 of this chapter in effect as of July 31, 1996, which are licensed or which are proposed in an application on file, as of July 31, 1996, are subject to the requirements under part 21 or part 94 of this chapter as contained in the CFR edition revised as of October 1, 1995 and amended in the Federal Register through July 31, 1996, as applicable, indefinitely.

(b) For purposes of this section, a “system” shall include:

(1) The originally licensed system;

(2) Any modification to the original system involving a change in antenna azimuth, antenna beam width, channel loading, emission, station location, antenna height, authorized power, or authorized frequencies;

(3) Additional links constructed to complete an integrated communications network; or

(4) Operationally connecting new facilities and/or frequencies.

(c) All radio frequency devices authorized pursuant to part 2 of this chapter as being in compliance with applicable part 21 or part 94 of this chapter in effect as of July 31, 1996, requirements can be used indefinitely with systems licensed under this part 101.

[61 FR 26677, May 28, 1996, as amended at 65 FR 38326, June 20, 2000]

§ 101.5 Station authorization required.

(a) [Reserved]

(b) A separate application form must be filed electronically via ULS for each Digital Electronic Message Service (DEMS) Nodal Station. No license is required for a DEMS User Station or for a Multiple Address System (MAS) remote or mobile station. Authority for a DEMS Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 601 filed for the DEMS Nodal Station. Authority for any number of MAS remotes and authority to serve MAS mobiles (to the extent this part permits such operation) within a specified area will be included in the authority for the MAS fixed master stations.

(c) [Reserved]

(d) For stations authorized under subpart H (Private Operational Fixed Point-to-Point Microwave Service), subpart I (Common Carrier Fixed Point-to-Point Microwave Service), and subpart L of this part (Local Multipoint Distribution Service), construction of new or modified stations may be initiated prior to grant of an authorization. As a condition to commencing construction under this paragraph (d), the Commission may, at any time and without hearing or notice, prohibit such construction for any reason. Any construction conducted under this paragraph is at the applicant's sole risk.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 63 FR 68981, Dec. 14, 1998; 68 FR 4955, Jan. 31, 2003]

§ 101.7 Eligibility for station license.

(a) A station license may not be granted to or held by a foreign government or by a representative of a foreign government.

(b) In the Common Carrier service, a station license may not be granted or held by:

(1) Any alien or the representative of any alien;

(2) Any corporation organized under the laws of any foreign government;

(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country; or

(4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that the public interest will be served by the refusal or revocation of such license.

[61 FR 26677, May 28, 1996, as amended at 61 FR 55581, Oct. 28, 1996]

§ 101.17 [Reserved]
§ 101.21 Technical content of applications.

Applications, except FCC Form 175, must contain all technical information required by the application form and any additional information necessary to fully describe the proposed facilities and to demonstrate compliance with all technical requirements of the rules governing the radio service involved (see subparts C, F, G, I, J, and L of this part, as appropriate). The following paragraphs describe a number of technical requirements.

(a-d) [Reserved]

(e) Each application in the Private Operational Fixed Point-to-Point Microwave Service and the Common Carrier Fixed Point-to-Point Microwave Service must include the following information:

Applicant's name and address.

Transmitting station name.

Transmitting station coordinates.

Frequencies and polarizations to be added, changed or deleted.

Transmitting equipment, its stability, effective isotropic radiated power, emission designator, and type of modulation (digital).

Transmitting antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer.

Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level.

Receiving station name.

Receiving station coordinates.

Receiving antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer.

Receiving antenna center line height(s) above ground level and ground elevation above mean sea level.

Path azimuth and distance.

Note:

The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spacial Reference System.

(f) All applicants for regular authorization must, before filing an application, major amendments to a pending application, or modifications to a license, prior coordinate the proposed frequency usage with existing users in the area and other applicants with previously filed applications in accordance with the procedures in § 101.103. In those frequency bands shared with the communication-satellite service, an applicant for a new station, for new points of communication, for the initial frequency assignment in a shared band for which coordination has not been previously effected, or for authority to modify the emission or radiation characteristics of an existing station in a manner that may increase the likelihood of harmful interference, must ascertain in advance whether the station(s) involved lie within the great circle coordination distance contours of an existing Earth station or one for which an application has been accepted for filing, and must coordinate his proposal with each such Earth station operator or applicant. For each potential interference path, the applicant must perform the computations required to determine that the expected level of interference to or from the terrestrial station does not exceed the maximum permissible interference power level in accordance with the technical standards and requirements of § 25.251 of this chapter. The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with part 25 of this chapter, showing that harmful interference will not likely result from the proposed operation. (Technical characteristics of the Earth stations on file and coordination contour maps for those Earth stations will be kept on file for public inspection in the offices of the Commission's International Bureau in Washington, DC.)

(g) Each application in the Local Multipoint Distribution Service and 24 GHz Service must contain all technical information required by FCC Form 601 and any other applicable form or associated Public Notices and by any applicable rules in this part.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 63 FR 68981, Dec. 14, 1998; 65 FR 38327, June 20, 2000; 65 FR 59357, Oct. 5, 2000; 78 FR 25176, Apr. 29, 2013]

§ 101.23 Waiver of rules.

Waiver of these rules may be granted upon application or on the Commission's own motion in accordance with § 1.925 of this chapter.

[63 FR 68981, Dec. 14, 1998]

§ 101.31 Temporary and conditional authorizations.

(a) Operation at temporary locations.

(1) Authorizations may be issued upon proper application for rendition of temporary service to subscribers under the following conditions:

(i) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6 month period;

(ii) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and

(iii) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125.

(2) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. An application for authority to operate a fixed station at temporary locations must specify the precise geographic area within which the operation will be confined. The area specified must be defined as a radius of operation about a specific coordinate (latitude/longitude), or as a county, or as a State. Exception to this specific requirement may be made for exceptionally large areas, such as the continental United States. Sufficient data must be submitted to show the need for the proposed area of operation.

(3) Operations in the 17.8-19.7 GHz band for any services and in the 17.7-17.8 GHz band for MVPD operations are prohibited in the areas defined in § 1.924 of this chapter. Operations proposed in the areas defined in § 1.924 of this chapter may not commence without prior specific notification to, and authorization from, the Commission.

(b) Conditional authorization.

(1) An applicant for a new point-to-point microwave radio station(s) or a modification of an existing station(s) in the 952.95-956.15 and 956.55-959.75 MHz band segments; the 3700-4200, 5925-6425, 6525-6875, and 6875-7125 MHz bands; the 10.550-10.680, 10.700-11.700, 12.700-13.150, 13.200-13.250, 17.700-18.300, and 19.300-19.700 GHz bands; and the 21.800-22.000 and 23.000-23.200 GHz band segments (see § 101.147(s)(8) for specific service usage) may operate the proposed station(s) during the pendency of its applications(s) upon the filing of a properly completed formal application(s) that complies with subpart B of this part, if the applicant certifies that the following conditions are satisfied:

(i) The frequency coordination procedures of § 101.103 have been successfully completed;

(ii) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC;

(iii) The grant of the application(s) does not require a waiver of the Commission's rules:

(iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter;

(v) The station site does not lie within 56.3 kilometers of any international border, within areas identified in §§ 1.924(a) through (d) of this chapter unless the affected entity consents in writing to conditional operation or, if for any services on frequencies in the 17.8-19.7 GHz band and for MVPD operations in the 17.7-17.8 GHz band, within any of the areas identified in § 1.924 of this chapter;

(vi) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions:

Name of region Dimensions = radius in kilometers Center-point
Kitt Peak, Arizona 60 N31-57-22; W111-36-42
Big Pine, California 60 N37-13-54; W118-16-34
Vandenburg AFB, California 75 N34-43-00; W120-34-00
Denver, Colorado 150 N39-43-00; W104-46-00
Washington, DC 150 N38-48-00; W76-52-00
Eglin AFB, Florida 50 N30-29-00; W86-32-00
Mauna Kea, Hawaii 60 N19-48-16; W155-27-29
North Liberty, Iowa 60 N41-46-17; W91-34-26
Maryland Point, Maryland 60 N38-22-26; W77-14-00
Hancock, New Hampshire 60 N42-56-01; W71-59-12
Los Alamos, New Mexico 60 N35-46-30; W106-14-42
Pie Town, New Mexico 60 N34-18-04; W108-07-07
Socorro, New Mexico 160 N34-04-43; W107-37-04
WSMR, New Mexico 75 N32-23-00; W106-29-00
Minot AFB, North Dakota 80 N48-15-00; W101-17-00
Arecibo, Puerto Rico 160 N18-20-37; W66-45-11
Fort Davis, Texas 60 N30-38-06; W103-56-39
St. Croix, Virgin Islands 60 N17-45-31; W64-35-03
Brewster, Washington 60 N48-07-53; W119-40-55
Green Bank, West Virginia 160 N38-25-59; W79-50-24

(vii) With respect to the 21.8-22.1 GHz and 23.0-23.3 GHz band, the filed application(s) does not propose to operate on a frequency pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz and does not propose to operate with an E.I.R.P. greater than 55 dBm. The center frequencies are shifted from the center frequencies listed above for certain bandwidths as follows: add 0.005 GHz for 20 MHz bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels, and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific channel listings in § 101.147(s).

(viii) The filed application(s) is consistent with the proposal that was coordinated pursuant to § 101.103.

(2) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing.

(3) Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its applications(s).

[61 FR 26677, May 28, 1996, as amended at 62 FR 55538, Oct. 27, 1997; 63 FR 10779, Mar. 5, 1998; 63 FR 68981, Dec. 14, 1998; 65 FR 38327, June 20, 2000; 68 FR 4955, Jan. 31, 2003; 69 FR 17959, Apr. 6, 2004; 71 FR 69048, Nov. 29, 2006; 75 FR 41771, July 19, 2010; 76 FR 59571, Sept. 27, 2011; 80 FR 38912, July 7, 2015]

Processing of Applications
§ 101.45 Mutually exclusive applications.

(a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” exists when the levels of § 101.105 are exceeded, or when there is a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict.

(b) A common carrier application, except in the Local Multipoint Distribution Service and in the 24 GHz Service, will be entitled to comparative consideration with one or more conflicting applications only if:

(1) The application is mutually exclusive with the other application; and

(2) The application is received by the Commission in a condition acceptable for filing by whichever “cut-off” date is earlier:

(i) Sixty (60) days after the date of the public notice listing the first of the conflicting applications as accepted for filing; or

(ii) One (1) business day preceding the day on which the Commission takes final action on the previously filed application (should the Commission act upon such application in the interval between thirty (30) and sixty (60) days after the date of its public notice).

(c) Whenever three or more applications are mutually exclusive, but not uniformly so, the earliest filed application established the date prescribed in paragraph (b)(2) of this section, regardless of whether or not subsequently filed applications are directly mutually exclusive with the first filed application. (For example, applications A, B, and C are filed in that order. A and B are directly mutually exclusive, B and C are directly mutually exclusive. In order to be considered comparatively with B, C must be filed within the “cut-off” period established by A even though C is not directly mutually exclusive with A.)

(d) Private operational fixed point-to-point microwave applications for authorization under this part will be entitled to comparative consideration with one or more conflicting applications in accordance with the provisions of § 1.227(b)(4) of this chapter.

(e) An application otherwise mutually exclusive with one or more previously filed applications, but filed after the appropriate date prescribed in paragraphs (b) or (d) of this section, will be returned without prejudice and will be eligible for refiling only after final action is taken by the Commission with respect to the previously filed application (or applications).

(f) For purposes of this section, any application (whether mutually exclusive or not) will be considered to be a newly filed application if it is amended by a major amendment (as defined by § 1.929 of this chapter), except under any of the following circumstances:

(1) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 101.51 of this part), and the Commission or the presiding officer accepts the amendment pursuant to § 1.927 of this chapter;

(2) The amendment resolves frequency conflicts with authorized stations or other pending applications which would otherwise require resolution by hearing or by comparative evaluation pursuant to § 101.51 provided that the amendment does not create new or additional frequency conflicts;

(3) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest, and for which a requested exemption from the “cut-off” requirements of this section is granted;

(4) The amendment reflects only a change in ownership or control which results from an agreement under § 1.935 of this chapter whereby two or more applicants entitled to comparative consideration of their applications join in one (or more) of the existing applications and request dismissal of their other application (or applications) to avoid the delay and cost of comparative consideration;

(5) The amendment corrects typographical, transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts; or

(6) The amendment does not create new or increased frequency conflicts, and is demonstrably necessitated by events which the applicant could not have reasonably foreseen at the time of filing, such as, for example:

(i) The loss of a transmitter or receiver site by condemnation, natural causes, or loss of lease or option;

(ii) Obstruction of a proposed transmission path caused by the erection of a new building or other structure; or

(iii) The discontinuance or substantial technological obsolescence of specified equipment, whenever the application has been pending before the Commission for two or more years from the date of its filing.

(g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a frequency pair. Applicants for these bands may select an unpaired frequency only upon a showing that spectrum efficiency will not be impaired and that unpaired spectrum is not available in other bands. During the initial filing window, frequency coordination is not required, except that an application for a frequency in the 942-944 MHz band must be coordinated to ensure that it does not affect an existing broadcast auxiliary service licensee. After the initial filing window, an applicant must submit evidence that frequency coordination has been performed with all licensees affected by the application. All frequency coordination must be performed in accordance with § 101.103. In the event of mutually exclusive applications occurring during the initial filing window for the 932.5-935/941.5-944 MHz bands, applicants shall be given the opportunity to resolve these situations by applying for an alternative frequency pair, if one is available. To the extent that there are no other available frequencies or to the extent that mutually exclusive applications remain after this process is concluded, lotteries shall be conducted for each frequency pair among all remaining mutually exclusive applications, assuming appropriate coordination with existing broadcast auxiliary stations can be concluded, where necessary. In the event of mutually exclusive applications being received for these bands on the same day after the initial filing window has closed and a subsequent filing window opened, lotteries shall be conducted for each frequency pair among all mutually exclusive applications.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 62 FR 24582, May 6, 1997; 63 FR 6103, Feb. 6, 1998; 63 FR 68982, Dec. 14, 1998; 65 FR 59357, Oct. 5, 2000]

§ 101.51 Comparative evaluation of mutually exclusive applications.

(a) In order to expedite action on mutually exclusive applications in services under this rules part where neither competitive bidding nor the random selection processes apply, the applicants may request the Commission to consider their applications without a formal hearing in accordance with the summary procedure outlined in paragraph (b) in this section if:

(1) The applications are entitled to comparative consideration pursuant to § 101.45;

(2) The applications have not been designated for formal evidentiary hearing; and

(3) The Commission determines, initially or at any time during the procedure outline in paragraph (b) of this section, that such procedure is appropriate, and that, from the information submitted and consideration of such other matters as may be officially noticed, there are no substantial and material questions of fact, presented (Other than those relating to the comparative merits of the applications) which would preclude a grant under § 1.915 of this chapter.

(b) Provided that the conditions of paragraph (a) of this section are satisfied, applicants may request the Commission to act upon their mutually exclusive applications without a formal hearing pursuant to the summary procedure outlined below:

(1) To initiate the procedure, each applicant will submit to the Commission a written statement containing:

(i) A waiver of the applicant's right to a formal hearing;

(ii) A request and agreement that, in order to avoid the delay and expense of a comparative formal hearing, the Commission should exercise its judgment to select from among the mutually exclusive applications that proposal (or proposals) which would best serve the public interest; and

(iii) The signature of a principal (and the principal's attorney if represented).

(2) After receipt of the written requests of all of the applicants the Commission (if it deems this procedure appropriate) will issue a notice designating the comparative criteria upon which the applications are to be evaluated and will request each applicant to submit, within a specified period of time, additional information concerning the applicant's proposal relative to the comparative criteria.

(3) Within thirty (30) days following the due date for filing this information, the Commission will accept concise and factual argument on the competing proposals from the rival applicants, potential customers, and other knowledgeable parties in interest.

(4) Within fifteen (15) days following the due date for the filing of comments, the Commission will accept concise and factual replies from the rival applicants.

(5) From time to time during the course of this procedure the Commission may request additional information from the applicants and hold informal conferences at which all competing applicants will have the right to be represented.

(6) Upon evaluation of the applications, the information submitted, and such other matters as may be officially noticed the Commission will issue a decision granting one (or more) of the proposals which it concludes would best serve the public interest, convenience and necessity. The decision will report briefly and concisely the reasons for the Commission's selection and will deny the other application(s). This decision will be considered final.

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998; 63 FR 68982, Dec. 14, 1998]

License Transfers, Modifications, Conditions and Forfeitures
§ 101.55 Considerations involving transfer or assignment applications.

(a) Except as provided for in paragraph (d) of this section, licenses not authorized pursuant to competitive bidding procedures may not be assigned or transferred prior to the completion of construction of the facility.

(b) [Reserved]

(c) At its discretion, the Commission may require the submission of an affirmative, factual showing (supported by affidavits of a person or persons with personal knowledge thereof) to demonstrate that the proposed assignor or transferor has not acquired an authorization or operated a station for the principal purpose of profitable sale rather than public service. This showing may include, for example, a demonstration that the proposed assignment or transfer is due to changed circumstances (described in detail) affecting the licensee subsequent to the acquisition of the license, or that the proposed transfer of radio facilities is incidental to a sale of other facilities or merger of interests.

(d) If a proposed transfer of radio facilities is incidental to a sale or other facilities or merger of interests, the showing specified under paragraph (c) of this section shall be submitted and include an additional exhibit that:

(1) Discloses complete details as to the sale of facilities or merger of interests;

(2) Segregates clearly by an itemized accounting, the amount of consideration involved in the sale of facilities or merger of interests; and

(3) Demonstrates that the amount of consideration assignable to the facilities or business interests involved represents their fair market value at the time of the transaction.

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998; 63 FR 68982, Dec. 14, 1998; 65 FR 38327, June 20, 2000; 68 FR 4955, Jan. 31, 2003]

§ 101.56 [Reserved]
§ 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service

In the Local Multipoint Distribution Service (LMDS) licensees may add, remove, or relocate facilities within the area authorized by the license without prior authorization. Upon request by an incumbent licensee or the Commission, an LMDS 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 BTA. The LMDS licensee must provide such information within ten (10) days of receiving a written request. This section also applies to 24 GHz licensees that are licensed according to Economic Areas.

[65 FR 59357, Oct. 5, 2000]

§ 101.63 Period of construction; certification of completion of construction.

(a) Each Station, except in Multichannel Video Distribution and Data Service, Local Multipoint Distribution Service, and the 24 GHz Service, authorized under this part must be in operation within 18 months from the initial date of grant.

(b) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month construction period will commence on the date of each registration of each individual link; adding links will not change the overall renewal period of the license.

(c) Failure to timely begin operation means the authorization cancels automatically.

(d) The frequencies associated with all point-to-multipoint authorizations which have cancelled automatically or otherwise been recovered by the Commission will again be made available for reassignment on a date and under terms set forth by Public Notice. See § 101.1331(d) for treatment of MAS incumbent site-by-site licenses recovered in EAs.

(e) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of this chapter.

(f) Construction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to § 1.946 of this chapter.

(g) MVPD licensees which have both analog and digital emissions designators specified on the license and which already have, or may transition from analog to digital operations, or a combination of both, meet their completion of construction requirements and do not automatically surrender their license provided they are using either set of emissions. If the licensee has completed the transition to digital, the license can remove the unused analog emission designators the next time a modification or renewal application is filed.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 FR 6104, Feb. 6, 1998; 63 FR 68982, Dec. 14, 1998; 64 FR 45893, Aug. 23, 1999; 65 FR 17448, Apr. 3, 2000; 65 FR 38327, June 20, 2000; 65 FR 59357, Oct. 5, 2000; 69 FR 3266, Jan. 23, 2004; 69 FR 16832, Mar. 31, 2004; 71 FR 69048, Nov. 29, 2006; 81 FR 79944, Nov. 14, 2016]

§ 101.64 Service areas.

Service areas for 38.6-40.0 GHz service are Economic Areas (EAs) as defined below. EAs are delineated by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce. The Commerce Department organizes the 50 States and the District of Columbia into 172 EAs. Additionally, there are four EA-like areas: Guam and Northern Mariana Islands; Puerto Rico and the U.S. Virgin Islands; American Samoa and the Gulf of Mexico. A total of 175 authorizations (excluding the Gulf of Mexico EA-like area) will be issued for each channel block in the 39 GHz band.

[64 FR 45893, Aug. 23, 1999]

§ 101.65 Termination of station authorizations.

In addition to the provisions of § 1.953 of this chapter, a site-based license will be automatically terminated in whole or in part without further notice to the licensee upon the voluntary removal or alteration of the facilities, so as to render the station not operational for a period of 30 days or more. A licensee is subject to this provision commencing on the date it is required to be providing service or operating under § 101.63. This provision is inapplicable to blanket authorizations to operate fixed stations at temporary locations pursuant to the provisions of § 101.31(a)(2). See § 101.305 for additional rules regarding temporary and permanent discontinuation of service.

[82 FR 41549, Sept. 1, 2017]

§ 101.67 License period.

Licenses for stations authorized under this part will be issued for a period not to exceed 10 years. Unless otherwise specified by the Commission, the expiration of regular licenses shall be on the date (month and day) selected by licensees in the year of expiration.

Policies Governing Microwave Relocation From the 1850-1990 and 2110-2200 MHz Bands

§ 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies.

Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands have been allocated for use by emerging technology (ET) services, including Personal Communications Services (PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services (MSS). The rules in this section provide for a transition period during which ET licensees may relocate existing FMS licensees using these frequencies to other media or other fixed channels, including those in other microwave bands.

(a) ET licensees may negotiate with FMS licensees authorized to use frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, for the purpose of agreeing to terms under which the FMS licensees would:

(1) Relocate their operations to other fixed microwave bands or other media; or alternatively

(2) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the FMS operations.

(b-c) [Reserved]

(d) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz band will be subject to mandatory negotiations only. Except as provided in paragraph (e) of this section, mandatory negotiation periods are defined as follows:

(1) Non-public safety incumbents will have a two-year mandatory negotiation period; and

(2) Public safety incumbents will have a three-year mandatory negotiation period.

(e) Relocation of FMS licensees by Mobile-Satellite Service (MSS) licensees will be subject to mandatory negotiations only.

(1) The mandatory negotiation period for non-public safety incumbents will end December 8, 2004.

(2) The mandatory negotiation period for public safety incumbents will end December 8, 2005.

(f) AWS licensees operating in the 1910-1920 MHz and 2175-2180 MHz bands will follow the requirements and procedures set forth in ET Docket No. 00-258 and WT Docket No. 04-356.

(g) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the ET licensee meets the conditions of § 101.75.

[62 FR 12758, Mar. 18, 1997, as amended at 65 FR 48182, Aug. 7, 2000; 68 FR 3464, Jan. 24, 2003; 68 FR 68253, Dec. 8, 2003; 69 FR 62622, Oct. 27, 2004; 71 FR 29842, May 24, 2006; 78 FR 8271, Feb. 5, 2013; 78 FR 48621, Aug. 9, 2013]

§ 101.71 [Reserved]
§ 101.73 Mandatory negotiations.

(a) A mandatory negotiation period may be initiated at the option of the ET licensee. Relocation of FMS licensees by Mobile Satellite Service (MSS) operators and AWS licensees in the 2110-2150 MHz and 2160-2200 MHz bands will be subject to mandatory negotiations only.

(b) Once mandatory negotiations have begun, an FMS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors:

(1) Whether the ET licensee has made a bona fide offer to relocate the FMS licensee to comparable facilities in accordance with Section 101.75(b);

(2) If the FMS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two);

(3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities;

(4) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process.

(c) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee.

(d) Provisions for Relocation of Fixed Microwave Licensees in the 2110-2150 and 2160-2200 MHz bands. A separate mandatory negotiation period will commence for each FMS licensee when an ET licensee informs that FMS licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the FMS licensee with comparable facilities defined as facilities possessing the following characteristics:

(1) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, comparable facilities provide an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, comparable facilities provide equivalent data loading bits per second (bps).

(2) Reliability. System reliability is the degree to which information is transferred accurately within a system. Comparable facilities provide reliability equal to the overall reliability of the FMS system. For digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmission, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog system is replaced with a digital system, only the resulting frequency response, harmonic distortion, signal-to-noise and its reliability will be considered in determining comparable reliability.

(3) Operating Costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees would compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, and increased utility fees) for five years after relocation. ET licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee would be equivalent to the 2 GHz system in order for the replacement system to be comparable.

[61 FR 29694, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 65 FR 48182, Aug. 7, 2000; 68 FR 3464, Jan. 24, 2003; 68 FR 68253, Dec. 8, 2003; 69 FR 62622, Oct. 27, 2004; 71 FR 29842, May 24, 2006; 78 FR 8272, Feb. 5, 2013; 78 FR 48621, Aug. 9, 2013]

§ 101.75 Involuntary relocation procedures.

(a) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocated only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, the FMS licensee is required to relocate, provided that the ET licensee:

(1) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FMS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay FMS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by FMS licensees during the voluntary or mandatory periods once the involuntary period is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities;

(2) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and

(3) Builds the replacement system and tests it for comparability with the existing 2 GHz system.

(b) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing FMS system with respect to the following three factors:

(1) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the FMS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the FMS licensee with equivalent data loading bits per second (bps). ET licensees must provide FMS licensees with enough throughput to satisfy the FMS licensee's system use at the time of relocation, not match the total capacity of the FMS system.

(2) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide FMS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability.

(3) Operating costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees must compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable.

(c) The FMS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff.

(d) Twelve-month trial period. If, within one year after the relocation to new facilities, the FMS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET licensee must remedy the defects or pay to relocate the microwave licensee to one of the following: its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (b) of this section. This trial period commences on the date that the FMS licensee begins full operation of the replacement link. If the FMS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. FMS licensees relocated from the 2110-2150 and 2160-2200 MHz bands may not be returned to their former 2 GHz channels. All other remedies specified in paragraph (d) are available to FMS licensees relocated from the 2110-2150 MHz and 2160-2200 MHz bands, and may be invoked whenever the FMS licensee demonstrates that its replacement facility is not comparable, subject to no time limit.

[61 FR 29694, June 12, 1996, as amended at 65 FR 48183, Aug. 7, 2000; 68 FR 3464, Jan. 24, 2003; 71 FR 29842, May 24, 2006]

§ 101.77 Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

(a) In order for public safety licensees to qualify for a three year mandatory negotiation period as defined in § 101.69(d)(2), the department head responsible for system oversight must certify to the ET licensee requesting relocation that:

(1) The agency is a Police licensee, a Fire Licensee, or an Emergency Medical Licensee as defined in § 90.7 of this chapter, or meets the eligibility requirements of § 90.20(a)(2) of this chapter, except for § 90.20(a)(2)(ii) of this chapter, or that it is a licensee of other part 101 facilities licensed on a primary basis under the eligibility requirements of part 90, subpart B of this chapter; and

(2) The majority of communications carried on the facilities at issue involve safety of life and property.

(b) A public safety licensee must provide certification within thirty (30) days of a request from a ET licensee, or the ET licensee may presume that special treatment is inapplicable. If a public safety licensee falsely certifies to an ET licensee that it qualifies for the extended time periods, this licensee will be in violation of the Commission's rules and will subject to appropriate penalties, as well as immediately subject to the non-public safety time periods.

[61 FR 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 62 FR 18936, Apr. 17, 1997; 71 FR 29842, May 24, 2006]

§ 101.79 Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

(a) FMS licensees will maintain primary status in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset. Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F (for terrestrial-to-terrestrial situations) or TIA TSB 86 (for MSS satellite-to-terrestrial situations) or any standard successor. ET licensee notification to the affected FMS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FMS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FMS licensee to continue to operate on a mutually agreed upon basis. The date that the relocation rules sunset is determined as follows:

(1) For the 2110-2150 MHz and 2160-2175 MHz and 2175-2180 MHz bands, ten years after the first ET license is issued in the respective band; and

(2) For the 2180-2200 MHz band, for MSS/ATC December 8, 2013 (i.e., ten years after the mandatory negotiation period begins for MSS/ATC operators in the service), and for ET licensees authorized under part 27 ten years after the first part 27 license is issued in the band. To the extent that an MSS operator is also an ET licensee authorized under part 27, the part 27 sunset applies to its relocation and cost sharing obligations should the two sets of obligations conflict.

(b) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that:

(1) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available), and;

(2) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted).

[61 FR 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 68 FR 68254, Dec. 8, 2003; 71 FR 29842, May 24, 2006; 78 FR 8272, Feb. 5, 2013]

§ 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

After April 25, 1996, all major modifications and extensions to existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands will be authorized on a secondary basis to ET systems. All other modifications will render the modified FMS license secondary to ET operations, unless the incumbent affirmatively justifies primary status and the incumbent FMS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent FMS licensees will maintain primary status for the following technical changes:

(a) Decreases in power;

(b) Minor changes (increases or decreases) in antenna height;

(c) Minor location changes (up to two seconds);

(d) Any data correction which does not involve a change in the location of an existing facility;

(e) Reductions in authorized bandwidth;

(f) Minor changes (increases or decreases) in structure height;

(g) Changes (increases or decreases) in ground elevation that do not affect centerline height;

(h) Minor equipment changes.

[61 FR 29695, June 12, 1996, as amended at 62 FR 12759, Mar. 18, 1997; 65 FR 38327, June 20, 2000]

§ 101.82 Reimbursement and relocation expenses in the 2110-2150 MHz and 2160-2200 MHz bands.

(a) Reimbursement and relocation expenses for the 2110-2130 MHz and 2160-2200 MHz bands are addressed in §§ 27.1160-27.1174.

(b) Cost-sharing obligations between AWS and MSS (space-to-Earth downlink). Whenever an ET licensee (AWS or Mobile Satellite Service for space-to-Earth downlink in the 2130-2150 or 2180-2200 MHz bands) relocates an incumbent paired microwave link with one path in the 2130-2150 MHz band and the paired path in the 2180-2200 MHz band, the relocator is entitled to reimbursement of 50 percent of its relocation costs (see paragraph (e)) of this section from any other AWS licensee or MSS space-to-Earth downlink operator which would have been required to relocate the same fixed microwave link as set forth in paragraphs (c) and (d) of this section.

(c) Cost-sharing obligations for MSS (space-to-Earth downlinks). For an MSS space-to-Earth downlink, the cost-sharing obligation is based on the interference criteria for relocation, i.e., TIA TSB 86 or any standard successor, relative to the relocated microwave link. Subsequently entering MSS space-to-Earth downlink operators must reimburse AWS or MSS space-to-Earth relocators (see paragraph (e)) of this section before the later entrant may begin operations in these bands, unless the later entrant can demonstrate that it would not have interfered with the microwave link in question.

(d) Cost-sharing obligations among terrestrial stations. For terrestrial stations (AWS), cost-sharing obligations are governed by §§ 27.1160 through 27.1174 of this chapter; provided, however, that MSS operators are not obligated to reimburse voluntarily relocating FMS incumbents in the 2180-2200 MHz band. (AWS reimbursement and cost-sharing obligations relative to voluntarily relocating FMS incumbents are governed by § 27.1166 of this chapter).

(e) The total costs of which 50 percent is to be reimbursed will not exceed $250,000 per paired fixed microwave link relocated, with an additional $150,000 permitted if a new or modified tower is required.

[71 FR 29843, May 24, 2006, as amended at 78 FR 8272, Feb. 5, 2013]

Policies Governing Fixed Service Relocation From the 18.58-19.30 GHz Band
Source:

65 FR 54173, Sept. 7, 2000, unless otherwise noted.

§ 101.83 Modification of station license.

Permissible changes in equipment operating in the band 18.3-19.3 GHz: Notwithstanding other provisions of this section, stations that remain co-primary under the provisions of § 101.147(r) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate.

[68 FR 16968, Apr. 8, 2003]

§ 101.85 Transition of the 18.3-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS).

Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed in §§ 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and § 101.147(a) and (r) of this chapter have been allocated for use by the fixed-satellite service (FSS). The rules in this section provide for a transition period during which FSS licensees may relocate existing FS licensees using these frequencies to other frequency bands, media or facilities.

(a) FSS licensees may negotiate with FS licensees authorized to use frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to terms under which the FS licensees would:

(1) Relocate their operations to other frequency bands, media or facilities; or alternatively

(2) Accept a sharing arrangement with the FSS licensee that may result in an otherwise impermissible level of interference to the FSS operations.

(b)

(1) FS operations in the 18.3-18.58 GHz band that remain co-primary under the provisions of §§ 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until November 19, 2012 or until the relocation of the fixed service operations, whichever occurs sooner.

(2) FS operations in the 18.58-19.3 GHz band that remain co-primary under the provisions of §§ 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until June 8, 2010 or until the relocation of the fixed service operations, whichever occurs sooner, except for operations in the band 19.26-19.3 GHz and low power systems operating pursuant to § 101.47(r)(10), which shall operate on a co-primary basis until October 31, 2011.

(3) If no agreement is reached during the negotiations pursuant to § 101.85(a), an FSS licensee may initiate relocation procedures. Under the relocation procedures, the incumbent is required to relocate, provided that the FSS licensee meets the conditions of § 101.91.

(c) Negotiation periods are defined as follows:

(1) Non-public safety incumbents will have a two-year negotiation period.

(2) Public safety incumbents will have a three-year negotiation period.

[65 FR 54173, Sept. 7, 2000, as amended at 66 FR 63516, Dec. 7, 2001; 68 FR 16968, Apr. 8, 2003]

§ 101.89 Negotiations.

(a) The negotiation is triggered by the fixed-satellite service (FSS) licensee, who must contact the fixed services (FS) licensee and request that negotiations begin.

(b) Once negotiations have begun, an FS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors:

(1) Whether the FSS licensee has made a bona fide offer to relocate the FS licensee to comparable facilities in accordance with § 101.91(b);

(2) If the FS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two);

(3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities;

(4) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process.

(c) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee.

(d) Negotiations will commence when the FSS licensee informs the FS licensee in writing of its desire to negotiate. Negotiations will be conducted with the goal of providing the FS licensee with comparable facilities, defined as facilities possessing the following characteristics:

(1) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system.

(2) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability.

(3) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable.

§ 101.91 Involuntary relocation procedures.

(a) If no agreement is reached during the negotiations period, an FSS licensee may initiate relocation procedures under the Commission's rules. FSS licensees are obligated to pay to relocate only the specific microwave links from which their systems may receive interference. Under these procedures, the FS licensee is required to relocate, provided that the FSS licensee:

(1) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FS licensee that are directly attributable to the relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. FSS licensees are not required to pay FS licensees for internal resources devoted to the relocation process. FSS licensees are not required to pay for transaction costs incurred by FS licensees during the negotiations once the negotiation is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities;

(2) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and

(3) Builds the replacement system and tests it for comparability with the existing 18 GHz system.

(b) Comparable facilities. The replacement system provided to an incumbent during a relocation must be at least equivalent to the existing FS system with respect to the following three factors:

(1) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system.

(2) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability.

(3) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable.

(c) The FS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. The FS licensee may take up to 12 months to make such adjustments and perform such testing.

(d) If the FS licensee demonstrates to the Commission that the new facilities are not comparable to the former facilities, the Commission may require the FSS licensee to further modify or replace the FS licensee's equipment.

[65 FR 54173, Sept. 7, 2000, as amended at 66 FR 63516, Dec. 7, 2001]

§ 101.95 Sunset provisions for licensees in the 18.30-19.30 GHz band.

(a) FSS licensees are not required to pay relocation costs after the relocation rules sunset (see §§ 74.502(c), 74.602(g), and 78.18(a)(4) of this chapter, and 101.147 (a) and (r)). Once the relocation rules sunset, an FSS licensee may require the incumbent to cease operations, provided that the FSS licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. FSS licensee notification to the affected FS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FS licensee to continue to operate on a mutually agreed upon basis.

(b) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that:

(1) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available); and

(2) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted).

§ 101.97 Future licensing in the 18.30-19.30 GHz band.

(a) All major modifications and extensions to existing FS systems in the 18.3-18.58 band after November 19, 2002, or in the 18.58-19.30 band after June 8, 2000 (with the exception of certain low power operations authorized under § 101.147(r)(10)) will be authorized on a secondary basis to FSS systems. All other modifications will render the modified FS license secondary to FSS operations, unless the incumbent affirmatively justifies primary status and the incumbent FS licensee establishes that the modification would not add to the relocation costs for FSS licensees. Incumbent FS licensees will maintain primary status for the following technical changes:

(1) Decreases in power;

(2) Minor changes (increases or decreases) in antenna height;

(3) Minor location changes (up to two seconds);

(4) Any data correction which does not involve a change in the location of an existing facility;

(5) Reductions in authorized bandwidth;

(6) Minor changes (increases or decreases) in structure height;

(7) Changes (increases or decreases) in ground elevation that do not affect centerline height;

(8) Minor equipment changes.

(9) Changes in ownership or control.

(b) The provisions of § 101.83 are applicable, notwithstanding any other provisions of this section.

[65 FR 54173, Sept. 7, 2000, as amended at 66 FR 63516, Dec. 7, 2001; 68 FR 19698, Apr. 8, 2003]

Subpart C - Technical Standards
§ 101.101 Frequency availability.
Frequency
band (MHz)
Radio service
Common
carrier
(Part 101)
Private
radio
(Part 101)
Broadcast
auxiliary
(Part 74)
Other
(parts 15, 21, 22, 24, 25, 27, 74, 78 & 100)
Notes
928-929 MAS MAS PRS
932.0-932.5 MAS MAS PRS
932.5-935.0 CC OFS (1).
941.0-941.5 MAS MAS PRS
941.5-944.0 CC OFS Aural BAS (1).
952-958 OFS/MAS PRS
958-960 MAS OFS
1850-1990 OFS PCS
2110-2130 CC PET
2130-2150 OFS PET
2160-2180 CC ET
2180-2200 OFS PET
2450-2500 CC OFS TV BAS ISM F/M/TF
2650-2690 OFS MDS/ITFS
3700-4200 CC LTTS OFS SAT, ET (2).
5925-6425 CC LTTS OFS SAT
6425-6525 LTTS OFS TV BAS CARS M.
6525-6875 CC OFS
6875-7125 CC OFS TV BAS CARS
10,550-10,680 CC OFS DEMS
10,700-11,700 CC OFS SAT
12,200-12,700 MVDDS MVDDS, POFS DBS, NGSO FSS
12,700-13,250 CC LTTS OFS TV BAS CARS F/M/TF.
17,700-18,580 CC OFS TV BAS SAT CARS
17,700-18,300 CC OFS TV BAS CARS
18,300-18,580 CC OFS TV BAS CARS SAT
18,580-18,820 CC OFS Aural BAS SAT
18,820-18,920 CC OFS SAT
18,920-19,160 CC OFS Aural BAS SAT
19,160-19,260 CC OFS SAT
19,260-19,700 CC OFS TV BAS CARS SAT
21,200-23,600 CC LTTS OFS TF.
24,250-25,250 CC OFS
29,100-29,250 LMDS LMDS SAT
31,000-31,300 CC LMDS LTTS OFS LMDS F/M/TF.
71,000-76,000 CC OFS 25 F/M/TF
81,000-86,000 CC OFS 25 F/M/TF
92,000-95,000 CC OFS 15 F/M/TF.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 62 FR 24582, May 6, 1997; 65 FR 38327, June 20, 2000; 65 FR 54175, Sept. 7, 2000; 65 FR 59357, Oct. 5, 2000; 67 FR 43037, June 28, 2002; 69 FR 3266, Jan. 23, 2004; 69 FR 72047, Dec. 10, 2004; 70 FR 4787, Jan. 31, 2005; 76 FR 59571, Sept. 27, 2011; 81 FR 79944, Nov. 14, 2016; 85 FR 22889, Apr. 23, 2020]

§ 101.103 Frequency coordination procedures.

(a) Assignment of frequencies will be made only in such a manner as to facilitate the rendition of communication service on an interference-free basis in each service area. Unless otherwise indicated, each frequency available for use by stations in these services will be assigned exclusively to a single applicant in any service area. All applicants for, and licensees of, stations in these services must cooperate in the selection and use of the frequencies assigned in order to minimize interference and thereby obtain the most effective use of the authorized facilities. In the event harmful interference occurs or appears likely to occur between two or more radio systems and such interference cannot be resolved between the licensees thereof, the Commission may specify a time sharing arrangement for the stations involved or may, after notice and opportunity for hearing, require the licensees to make such changes in operating techniques or equipment as it may deem necessary to avoid such interference.

(b)

(1) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 MHz licensed prior to March 11, 1997, were licensed on an unprotected basis and are subject to harmful interference from similarly licensed operations in that band.

(i) Operations licensed in the Local Mulitpoint Distribution Service and those operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, operating in these bands are equally protected against harmful interference from each other.

(ii) In the case of operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, that are licensed on a point-to-radius basis, LMDS licensees shall be subject to the protection requirement established in this section in the case of existing links operated by such licensees, and in the case of links added by such licensees in the future in accordance with the terms of their point-to-radius licenses.

(iii) An LMDS licensee may not initiate operations within the point-to-radius area licensed to an operator (other than an operator in the Local Television Transmission Service) prior to March 11, 1997, even if such operator has not initiated operations to the fullest extent of the license. An LMDS licensee, however, may initiate operations at the border of such operator's license area without prior coordination if the LMDS licensee's operations would not cause harmful interference to the other operator's existing operations.

(iv) An operator (other than an operator in the Local Television Transmission Service) licensed on a point-to-radius basis prior to March 11, 1997, may add additional stations within its license area. Such operator shall coordinate with any affected LMDS licensee if its new operations might cause harmful interference to the existing operations of such LMDS licensee.

(v) Operations licensed prior to March 11, 1997, on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations shall be limited to the use of frequency pairs licensed as of March 11, 1997. Operations licensed in the Local Television Transmission Service as of March 11, 1997, may continue to operate, but such operators may not expand existing operations nor initiate new operations.

(2) Operations in the 31,075-31,225 MHz band licensed prior to March 11, 1997, shall receive no protection against harmful interference from authorized operations in the Local Multipoint Distribution Service in that band.

(3) Non-LMDS operations in the entire 31,000-31,300 MHz band licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected with respect to each other and subject to harmful interference from each other.

(i) Such operations and any operations licensed prior to March 11, 1997, in the band are unprotected with respect to each other and subject to harmful interference from each other.

(ii) Such operations are licensed on a secondary basis to LMDS operations licensed in the band, may not cause interference to LMDS operations, and are not protected from interference from LMDS operations.

(iii) Such operations licensed on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations licensed on a point-to-radius basis may add additional stations within the licensed area.

(c) Frequency diversity transmission will not be authorized in these services in the absence of a factual showing that the required communications cannot practically be achieved by other means. Where frequency diversity is deemed to be justified on a protection channel basis, it will be limited to one protection channel for the bands 3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection channel for three working channels for the bands 10,550-10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 MHz, no frequency diversity protection channel will be authorized unless there is a minimum of three working channels, except that where a substantial showing is made that a total of three working channels will be required within three years, a protection channel may be authorized simultaneously with the first working channel. A protection channel authorized under such exception will be subject to termination if applications for the third working channel are not filed within three years of the grant date of the applications for the first working channel. Where equipment employing digital modulation techniques with cross-polarized operation on the same frequency is used, the protection channel authorized under the above conditions may be considered to consist of both polarizations of the protection frequency where such is shown to be necessary.

(d) Frequency coordination. For each frequency authorized under this part, the following frequency usage coordination procedures will apply:

(1) General requirements. Proposed frequency usage must be prior coordinated with existing licensees, permittees and applicants in the area, and other applicants with previously filed applications, whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, or a major amendment to a pending application, or any major modification to a license. In coordinating frequency usage with stations in the fixed satellite service, applicants must also comply with the requirements of § 101.21(f). In engineering a system or modification thereto, the applicant must, by appropriate studies and analyses, select sites, transmitters, antennas and frequencies that will avoid interference in excess of permissible levels to other users. All applicants and licensees must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, the party being coordinated with is not obligated to suggest changes or re-engineer a proposal in cases involving conflicts. Applicants should make every reasonable effort to avoid blocking the growth of systems as prior coordinated. The applicant must identify in the application all entities with which the technical proposal was coordinated. In the event that technical problems are not resolved, an explanation must be submitted with the application. Where technical problems are resolved by an agreement or operating arrangement between the parties that would require special procedures be taken to reduce the likelihood of interference in excess of permissible levels (such as the use of artificial site shielding) or would result in a reduction of quality or capacity of either system, the details thereof may be contained in the application.

(2) Coordination procedure guidelines are as follows:

(i) Coordination involves two separate elements: notification and response. Both or either may be oral or in written form. To be acceptable for filing, all applications and major technical amendments must certify that coordination, including response, has been completed. The names of the licensees, permittees and applicants with which coordination was accomplished must be specified. If such notice and/or response is oral, the party providing such notice or response must supply written documentation of the communication upon request;

(ii) Notification must include relevant technical details of the proposal. At minimum, this should include, as applicable, the following:

Applicant's name and address.

Transmitting station name.

Transmitting station coordinates.

Frequencies and polarizations to be added, changed or deleted.

Transmitting equipment type, its stability, actual output power, emission designator, and type of modulation(s) (loading). Notification shall indicate if modulations lower than the values listed in the table to § 101.141(a)(3) of the Commission's rules will be used.

Transmitting antenna type(s), model, gain and, if required, a radiation pattern provided or certified by the manufacturer.

Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level.

Receiving station name.

Receiving station coordinates.

Receiving antenna type(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer.

Receiving antenna center line height(s) above ground level and ground elevation above mean sea level.

Path azimuth and distance.

Estimated transmitter transmission line loss expressed in dB.

Estimated receiver transmission line loss expressed in dB.

For a system utilizing ATPC, maximum transmit power, coordinated transmit power, and nominal transmit power.

Note:

The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spatial Reference System.

(iii) For transmitters employing digital modulation techniques, the notification should clearly identify the type of modulation. Upon request, additional details of the operating characteristics of the equipment must also be furnished;

(iv) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, in writing, within the 30-day notification period. Every reasonable effort should be made by all applicants, permittees and licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the applicant will be deemed to have made reasonable efforts to coordinate and may file its application without a response;

(v) The 30-day notification period is calculated from the date of receipt by the applicant, permittee, or licensee being notified. If notification is by mail, this date may be ascertained by:

(A) The return receipt on certified mail;

(B) The enclosure of a card to be dated and returned by the recipient; or

(C) A conservative estimate of the time required for the mail to reach its destination. In the last case, the estimated date when the 30-day period would expire should be stated in the notification.

(vi) An expedited prior coordination period (less than 30 days) may be requested when deemed necessary by a notifying party. The coordination notice should be identified as “expedited” and the requested response date should be clearly indicated. However, circumstances preventing a timely response from the receiving party should be accommodated accordingly. It is the responsibility of the notifying party to receive written concurrence (or verbal, with written to follow) from affected parties or their coordination representatives.

(vii) All technical problems that come to light during coordination must be resolved unless a statement is included with the application to the effect that the applicant is unable or unwilling to resolve the conflict and briefly the reason therefor;

(viii) Where a number of technical changes become necessary for a system during the course of coordination, an attempt should be made to minimize the number of separate notifications for these changes. Where the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. When changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. When the notifying party believes a shorter response time is reasonable and appropriate, it may be helpful for that party to so indicate in the notice and perhaps suggest a response date;

(ix) If, after coordination is successfully completed, it is determined that a subsequent change could have no impact on some parties receiving the original notification, these parties must be notified of the change and of the coordinator's opinion that no response is required;

(x) Applicants, permittees and licensees should supply to all other applicants, permittees and licensees within their areas of operations, the name, address and telephone number of their coordination representatives. Upon request from coordinating applicants, permittees and licensees, data and information concerning existing or proposed facilities and future growth plans in the area of interest should be furnished unless such request is unreasonable or would impose a significant burden in compilation;

(xi) Parties should keep other parties with whom they are coordinating advised of changes in plans for facilities previously coordinated. If applications have not been filed 6 months after coordination was initiated, parties may assume that such frequency use is no longer desired unless a second notification has been received within 10 days of the end of the 6 month period. Renewal notifications are to be sent to all originally notified parties, even if coordination has not been successfully completed with those parties; and

(xii) Any frequency reserved by a licensee for future use in the bands subject to this part must be released for use by another licensee, permittee or applicant upon a showing by the latter that it requires an additional frequency and cannot coordinate one that is not reserved for future use.

(e) Where frequency conflicts arise between co-pending applications in the Private Operational Fixed Point-to-Point Microwave, Common Carrier Fixed Point-to-Point Microwave and Local Television Transmission Services, it is the obligation of the later filing applicant to amend his application to remove the conflict, unless it can make a showing that the conflict cannot be reasonably eliminated. Where a frequency conflict is not resolved and no showing is submitted as to why the conflict cannot be resolved, the Commission may grant the first filed application and dismiss the later filed application(s) after giving the later filing applicant(s) 30 days to respond to the proposed action.

(f)

(1) Coordination and information sharing between MVDDS and NGSO FSS licensees in the 12.2 GHz to 12.7 GHz band. Prior to the construction or addition of an MVDDS transmitting antenna in this frequency band, the MVDDS licensee shall provide notice of intent to construct the proposed antenna site to NGSO FSS licensees operating in the 12.2-12.7 GHz frequency band and maintain an Internet web site of all existing transmitting sites and transmitting antennas that are scheduled for operation within one year including the “in service” dates. In addition to the location of a proposed new transmitting antenna, MVDDS licensees shall provide to the NGSO FSS licensees a technical description of the operating characteristics of the proposed transmission facility. At a minimum, the following information must be included in each notification:

(i) Name of MVDDS licensee;

(ii) Geographic location (including NAD83 coordinates) of proposed MVDDS transmitting antenna;

(iii) Maximum EIRP per 24 MHz;

(iv) Height above average terrain of the transmitting antenna;

(v) Type of antenna to be utilized;

(vi) Main beam azimuth and altitude orientation for the proposed transmitting antenna;

(vii) Theoretically modeled antenna radiation pattern;

(viii) Type(s) of emissions, and;

(ix) Description of the proposed service area.

(2) If the proposed MVDDS antenna site does not meet the minimum spacing requirements on the date of original notification or on subsequent annual anniversary dates of non-operation as set forth in § 101.129, then the MVDDS licensee shall not construct the proposed transmission facility unless all NGSO FSS licensees having active subscribers within the minimum separation distance agree to a shorter spacing. Nothing in this section shall preclude MVDDS and NGSO FSS licensees from agreeing to accept the siting of new MVDDS transmitting antennas that do no meet the minimum distance set forth in § 101.129. Incumbent point-to-point licensees' (those not licensed as MVDDS) facilities are to be operated in the band 12,200-12,700 MHz following the procedures, technical standards, and requirements of § 101.105 in order to protect stations providing Direct Broadcast Satellite Service.

(g) Licensees operating in Basic Trading Areas authorized in the Local Multipoint Distribution Service.

(1) When the transmitting facilities in a Basic Trading Area (BTA) are to be operated in the bands 29,100-29,250 MHz and 31,000-31,300 MHz and the facilities are located within 20 kilometers of the boundaries of a BTA, each licensee must complete the frequency coordination process of paragraph (d)(2) of this section with respect to neighboring BTA licensees that may be affected by its operations prior to initiating service. In addition, all licensed transmitting facilities operating in the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 kilometers of neighboring facilities must complete the frequency coordination process of paragraph (d)(2) of this section with respect to such authorized operations before initiating service.

(2) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, either electronically or in writing, within the 30-day notification period. Every reasonable effort should be made by all licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the licensee will be deemed to have made reasonable efforts to coordinate and commence operation without a response. The beginning of the 30-day period is determined pursuant to paragraph (d)(2)(v) of this section.

(h) Special requirements for operations in the band 29,100-29,250 MHz.

(1)

(i) Local Multipoint Distribution Service (LMDS) receive stations operating on frequencies in the 29,100-29,250 MHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO-MSS licensee pursuant to § 101.113(c)(2) or (c)(3)(i) (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes.

(ii) LMDS licensees operating on frequencies in the 29,100-29,250 MHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station.

(2) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to § 25.257 of this chapter shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (MSAs), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range.

(3)

(i) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the border of the 100 largest MSAs.

(ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application.

(iii) If said non-GSO MSS licensee application is filed later than six months after certification of the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system.

(4) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29,100-29,250 MHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permittees or licensees meeting the criteria specified in § 25.257(a). Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under § 101.113(c)(2) or (c)(3)(i). Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998; 63 FR 68983, Dec. 14, 1998; 64 FR 45893, Aug. 23, 1999; 65 FR 38328, June 20, 2000; 67 FR 43037, June 26, 2002; 76 FR 59571, Sept. 27, 2011; 81 FR 79944, Nov. 14, 2016]

§ 101.105 Interference protection criteria.

(a) The interference protection criteria for fixed stations subject to this part are as follows:

(1) To long-haul analog systems, employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure:

(i) Due to co-channel sideband-to-sideband interference must not exceed 5 pwpO (Picowatts of absolute noise power psophometrically weighted (pwpO), appearing in an equivalent voice band channel of 300-3400 Hz); or

(ii) Due to co-channel carrier-beat interference must not exceed 50 pwpO.

(2) To short-haul analog systems employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure:

(i) Due to co-channel sideband-to-sideband interference must not exceed 25 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 250 pwpO per exposure; or

(ii) Due to co-channel carrier-beat interference must not exceed 50 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 1000 pwpO per exposure.

(3) FM-TV. In analog systems employing frequency modulated radio that is modulated by a standard, television (visual) signal, the allowable interference level per exposure may not exceed the levels which would apply to long-haul or short-haul FM-FDM systems, as outlined in paragraphs (b) (1) and (2) of this section, having a 600-1200 voice channel capacity.

(4) 12.2-12.7 GHz band.

(i) To accommodate co-primary NGSO FSS earth stations in the 12.2-12.7 GHz band, the PFD of an MVDDS transmitting system must not exceed −135 dBW/m2 in any 4 kHz band at a reference point at the surface of the earth at a distance greater than 3 kilometers from the MVDDS transmitting antenna.

(ii) To accommodate co-primary Direct Broadcast Satellite Service earth stations, an MVDDS transmitting system must not exceed the EPFD levels specified in paragraph (a)(4)(ii)(B) of this section at any DBS subscriber location in accordance with the procedures listed in § 101.1440 of this part.

(A) Definition of equivalent power flux density: The equivalent power flux density (EPFD) is the power flux density produced at a direct broadcast service (DBS) receive earth station, taking into account shielding effects and the off-axis discrimination of the receiving antenna assumed to be pointing at the appropriate DBS satellite(s) from the transmitting antenna of a multichannel video distribution and data service (MVDDS) transmit station. The EPFD in dBW/m2 in the reference bandwidth is calculated using the following formula:

Where:

Pout = Total output power of the MVDDS transmitter (watts) into antenna

Gm (θm,φm = Gain of the MVDDS antenna in the direction of the DBS earth station

Ge (θe,φe = Gain of the earth station in the direction of the MVDDS antenna

I = Interference scaling factor for the earth station (1 dB for MVDDS transmitters employing the modulation discussed in Section 3.1.5 of the MITRE Report (i.e., a QPSK modulated signal passed through a square-root raised cosine filter). For other modulation and filtering schemes, the interference scaling factor can be measured using the procedures described in Appendix A of the MITRE Report available at http://www.fcc.gov/oet/info/mitrereport/mitrereport_4_01.pdf).

Ge, max = Maximum gain of the DBS earth station

d = the distance between the MVDDS transmitting antenna and the DBS earth station (meters)

(B) Regional equivalent power flux density levels:

(1) −168.4 dBW/m2/4kHz in the Eastern region consisting of the District of Columbia and the following states: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Florida;

(2) −169.8 dBW/m2/4kHz in the Midwestern region consisting of the following states: Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, Arkansas, South Dakota, Nebraska, Kansas, Oklahoma, and Texas;

(3) −171.0 dBW/m2/4kHz in the Southwestern region consisting of the following states: Wyoming, Colorado, New Mexico, Utah, Arizona, Nevada, and California (south of 37° North Latitude);

(4) −172.1 dBW/m2/4kHz in the Northwestern region consisting of the following states: Washington, Oregon, California (north of 37° North Latitude), Idaho, Montana, North Dakota, Alaska, and Hawaii.

(iii) Except for public safety entities, harmful interference protection from MVDDS stations to incumbent point-to-point 12 GHz fixed stations is not required. Incumbent point-to-point private operational fixed 12 GHz stations, except for public safety entities, are required to protect MVDDS stations under the process described in § 101.103(d) of this part.

(5) 71,000-76,000 MHz; 81,000-86,000 MHz. In these bands the following interference criteria shall apply:

(i) For receivers employing digital modulation: based upon manufacturer data and following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a threshold-to-interference ratio (T/I) shall be determined that would cause 1.0 dB of degradation to the static threshold of the protected receiver. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded static threshold value, in no case shall interference cause C/I to be less than the T/I so determined unless it can be shown that the availability of the affected receiver would still be acceptable despite the interference.

(ii) For receivers employing analog modulation: manufacturer data or industry criteria will specify a baseband signal-to-noise requirement (S/N) of the receiver that will result in acceptable signal quality for continuous operation. Following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a C/I objective shall be calculated to ensure that this S/N will not be degraded by more than 1.0 dB. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded threshold value, in no case shall interference cause the C/I to be less than the objective so determined unless it can be shown that the signal quality and availability of the affected receiver would still be acceptable despite the interference.

(6) 92,000-94,000 MHz; 94,100-95,000 MHz. In these bands prior links shall be protected to a threshold-to-interference ratio (T/I) level of 1.0 dB of degradation to the static threshold of the protected receiver. Any new link shall not decrease a previous link's desired-to-undesired (D/U) signal ratio below a minimum of 36 dB, unless the earlier link's licensee agrees to accept a lower D/U.

(7) All stations operating under this part must protect the radio quiet zones as required by § 1.924 of this chapter. Stations authorized by competitive bidding are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone entity prior to operating.

(b) In addition to the requirements of paragraph (a) of this section the adjacent channel interference protection criteria to be afforded, regardless of system length, or type of modulation, multiplexing, or frequency band, must be such that the interfering signal does not produce more than 1.0 dB degradation of the practical threshold of the protected receiver. The “practical threshold” of the protected receiver can be based upon the definition in TSB 10, referenced in paragraph (c) of this section, or upon alternative generally acceptable good engineering standards.

(c) Applying the criteria.

(1) Guidelines for applying the interference protection criteria for fixed stations subject to this part are specified in the Telecommunications Industry Association's Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems” (TSB 10). Other procedures that follow generally acceptable good engineering practices are also acceptable to the Commission.

(2) If TSB 10 guidelines cannot be used, the following interference protection criteria may be used by calculating the ratio in dB between the desired (carrier signal) and the undesired (interfering) signal (C/I ratio) appearing at the input to the receiver under investigation (victim receiver). Except as provided in § 101.147 where the applicant's proposed facilities are of a type not included in paragraphs (a) and (b) of this section or where the development of the carrier-to-interference (C/I) ratio is not covered by generally acceptable procedures, or where the applicant does not wish to develop the carrier-to-interference ratio, the applicant must, in the absence of criteria or a developed C/I ratio, employ the following C/I protection ratios:

(i) Co-Channel Interference. Both side band and carrier-beat, applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 90 dB, except in the 952-960 MHz band where it must be 75dB, and in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies; or

(ii) Adjacent Channel Interference. Applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 56 dB, except in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies.

(3) Applicants for frequencies listed in § 101.147(b)(1) through (4) must make the following showings that protection criteria have been met over the entire service area of existing systems. Such showings may be made by the applicant or may be satisfied by a statement from a frequency coordinator.

(i) For site-based multiple address stations in the 928-929/952-960 MHz and the 932-932.5/941-941.5 MHz bands, a statement that the proposed system complies with the following co-channel separations from all existing stations and pending applications:

Fixed-to-fixed - 145 km;

Fixed-to-mobile - 113 km;

Mobile-to-mobile - 81 km

Note to paragraph (c)(3)(i):

Multiple address systems employing only remote stations will be treated as mobile for the purposes of determining the appropriate separation. For mobile operation, the mileage is measured from the reference point specified on the license application. For fixed operation on subfrequencies in accordance with § 101.147 the mileage also is measured from the reference point specified on the license application.

(ii) In cases where the geographic separation standard in paragraph (c)(3)(i) of this section is not followed, an engineering analysis must be submitted to show the coordination of the proposed assignment with existing systems located closer than those standards. The engineering analyses will include:

(A) Specification of the interference criteria and system parameters used in the interference study;

(B) Nominal service areas of each system included in the interference analysis;

(C) Modified service areas resulting from the proposed system. The propagation models used to establish the service boundary limits must be specified and any special terrain features considered in computing the interference impact should be described; and

(D) A statement that all parties affected have agreed to the engineering analysis and will accept the calculated levels of interference.

(iii) MAS EA licensees shall provide protection in accordance with § 101.1333.

(4) Multiple address systems operating on subfrequencies in accordance with § 101.147 that propose to operate master stations at unspecified locations must define the operating area by a radius about a geographical coordinate and describe how interference to co-channel users will be controlled.

(5) Multiple address frequencies in the 956.25-956.45 MHz bands may be assigned for use by mobile master stations on a primary basis. Multiple address frequencies in the 941.0-941.5 MHz bands that are licensed on a site-by-site basis and the 952 MHz bands may be assigned for use by primary mobile master stations on a case-by-case basis if the 956.25-956.45 MHz frequencies are unavailable. Multiple address mobile (master and remote) operation is permitted on frequencies licensed by geographic area subject to the interference protection criteria set forth in § 101.1333, i.e., adjacent channel site-based licensees and co-channel operations in adjacent EAs. Mobile operation in the 959.85-960 MHz band is not permitted.

(6) Each application for new or modified nodal station on channels numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band must demonstrate that all existing co-channel stations are at least 56 kilometers from the proposed nodal station site. Applicants for these channels must certify that all licensees and applicants for stations on the adjacent channels within 56 kilometers of the proposed nodal station have been notified of the proposed station and do not object. Alternatively, or if one of the affected adjacent channel interests does object, the applicant may show that all affected adjacent channel parties are provided a C/I protection ratio of 0 dB. An applicant proposing to operate at an AAT greater than 91 meters must reduce its EIRP in accordance with the following table; however, in no case may EIRP exceed 70 dBm on the 10.6 GHz channels:

AAT (meters) EIRP dBm
Above 300 + 38
251 to 300 41
201 to 250 43
151 to 200 49
101 to 150 55
100 and below 85

(7) Each application for new or modified nodal station on channels numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an analysis of the potential for harmful interference to all other licensed and previously applied for co-channel and adjacent channel stations located within 80 kilometers of the location of the proposed station. The criteria contained in § 101.103(d)(2) must be used in this analysis. Applicants must certify that copies of this analysis have been served on all parties which might reasonably be expected to receive interference above the levels set out in § 101.103(d)(2) within 5 days of the date the subject application is filed with the Commission.

(8) If the potential interference will exceed the prescribed limits, a statement shall be submitted with the application for new or modified stations to the effect that all parties have agreed to accept the higher level of interference.

(d) Effective August 1, 1985, when a fixed station that conforms to the technical standards of this subpart (or, in the case of the 12,200-12,700 MHz band, for an incumbent non-MVDDS station or a direct broadcast satellite station) receives or will receive interference in excess of the levels specified in this section as a result of an existing licensee's use of non-conforming equipment authorized between July 20, 1961 and July 1, 1976, and the interference would not result if the interfering station's equipment complied with the current technical standards, the licensee of the non-conforming station must take whatever steps are necessary to correct the situation up to the point of installing equipment which fully conforms to the technical standards of this subpart. In such cases, if the engineering analysis demonstrates that:

(1) The conforming station would receive interference from a non-conforming station in excess of the levels specified in this section; and

(2) The interference would be eliminated if the non-conforming equipment were replaced with equipment which complies with the standards of this subpart, the licensee (or prospective licensee) of the station which would receive interference must provide written notice of the potential interference to both the non-conforming licensee and the Commission's office in Gettysburg, PA. The non-conforming licensee must make all required equipment changes within 180 days from the date of official Commission notice informing the licensee that it must upgrade its equipment, unless an alternative solution has been agreed to by all parties involved in the interference situation. If a non-conforming licensee fails to make all required changes within the specified period of time, the Commission may require the licensee to suspend operation until the changes are completed.

(e) Interference dispute resolution procedures. Should a licensee licensed under this part receive harmful interference from another licensee licensed under this chapter, the parties involved shall comply with the dispute resolution procedures set forth herein:

(1) The licensee experiencing the harmful interference shall notify the licensee believed to be causing the harmful interference and shall supply information describing its problem and supporting its claim;

(2) Upon receipt of the harmful interference notice, the licensee alleged to be causing the harmful interference shall respond immediately and make every reasonable effort to identify and resolve the conflict; and

(3) Licensees are encouraged to resolve the harmful interference prior to contacting the Commission.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68983, Dec. 14, 1998; 65 FR 17449, Apr. 3, 2000; 65 FR 38329, June 20, 2000; 65 FR 59358, Oct. 5, 2000; 66 FR 35110, July 3, 2001; 67 FR 43038, June 28, 2002; 69 FR 31746, June 7, 2004; 70 FR 29996, May 25, 2005]

§ 101.107 Frequency tolerance.

(a) The carrier frequency of each transmitter authorized in these services must be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section or in the applicable subpart of this part (unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency):

Frequency (MHz) Frequency tolerance (percent)
928 to 9295 0.0005
932 to 932.5 0.00015
932.5 to 935 0.00025
941 to 941.5 0.00015
941.5 to 944 0.00025
952 to 9605 0.0005
1,850 to 1,990 0.002
2,110 to 2,200 0.001
2,450 to 2,5001 0.001
3,700 to 4,2001 0.005
5,925 to 6,8751 0.005
6,875 to 7,1251 0.005
10,550 to 11,7001 2 0.005
11,700 to 12,2001 0.005
12,200 to 13,2504 0.005
14,200 to 14,400 0.03
17,700 to 18,8203 0.003
18,820 to 18,9203 0.001
928 to 9295 0.0005
18,920 to 19,7003 0.003
19,700 to 27,5004 7 0.001
29,100 to 29,250 0.001
31,000 to 31,3006 0.001
31,300 to 40,0004 0.03
71,000 to 76,0008
81,000 to 86,0008
92,000 to 95,0008

(b) Heterodyne microwave radio systems may be authorized at a somewhat less restrictive frequency tolerance (up to .01 percent) to compensate for frequency shift caused by numerous repeaters between base band signal insertion. Where such relaxation is sought, applicant must provide all calculations and indicate the desired tolerance over each path. In such instances the radio transmitters and receivers used must individually be capable of complying with the tolerance specified in paragraph (a) of this section. Heterodyne operation is restricted to channel bandwidth of 10 MHz or greater.

(c) As an additional requirement in any band where the Commission makes assignments according to a specified channel plan, provisions must be made to prevent the emission included within the occupied bandwidth from radiating outside the assigned channel at a level greater than that specified in § 101.111.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23167, Apr. 29, 1997; 63 FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998; 63 FR 36611, July 7, 1998; 66 FR 35110, July 3, 2001; 67 FR 43038, June 26, 2002; 68 FR 4956, Jan. 31, 2003; 69 FR 3266, Jan. 23, 2004; 69 FR 16832, Mar. 31, 2004; 70 FR 4787, Jan. 31, 2005; 76 FR 59572, Sept. 27, 2011; 81 FR 79945, Nov. 14, 2016]

§ 101.109 Bandwidth.

(a) Each authorization issued pursuant to these rules will show, as the emission designator, a symbol representing the class of emission which must be prefixed by a number specifying the necessary bandwidth. This figure does not necessarily indicate the bandwidth actually occupied by the emission at any instant. In those cases where part 2 of this chapter does not provide a formula for the computation of the necessary bandwidth, the occupied bandwidth may be used in the emission designator.

(b) Stations in this service will be authorized any type of emission, method of modulation, and transmission characteristic, consistent with efficient use of the spectrum and good engineering practice, except that Type B, damped-wave emission will not be authorized.

(c) The maximum bandwidth which will be authorized per frequency assigned is set out in the table that follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that a lesser bandwidth would be sufficient to support an applicant's intended communications.

Frequency band (MHz) Maximum authorized bandwidth
928 to 929 25 kHz1 5 6
932 to 932.5, 941 to 941.5 12.5 kHz1 5 6
932.5 to 935, 941.5 to 944 200 kHz1
952 to 960 200 KHz1 5 6
1,850 to 1,990 10 MHz1
2,110 to 2,130 3.5 MHz
2,130 to 2,150 800 or 1600 KHz1
2,150 to 2,160 10 MHz
2,160 to 2,180 3.5 MHz
2,180 to 2,200 800 or 1600 KHz1
2,450 to 2,483.5 625 KHz2
2,483.5 to 2,500 800 KHz
3,700 to 4,200 20 MHz
5,925 to 6,425 1 60
6,425 to 6,525 25 MHz
6,525 to 6,875 30 MHz.1
6,875 to 7,125 25 MHz1
10,550 to 10,680 5 MHz1
10,700 to 11,700 1 80
12,200 to 12,7008 500 megahertz
12,700 to 13,150 50 MHz
13,200 to 13,250 25 MHz
17,700 to 18,140 220 MHz1
18,140 to 18,142 2 MHz
18,142 to 18,580 6 MHz
18,580 to 18,820 20 MHz1
18,820 to 18,920 10 MHz
18,920 to 19,160 20 MHz1
19,160 to 19,260 10 MHz
19,260 to 19,700 220 MHz1
21,200 to 23,600 50 MHz1 4
24,250 to 25,250 40 MHz7
29,100 to 29,250 150 MHz
31,000 to 31,075 75 MHz
31,075 to 31,225 150 MHz
31,225 to 31,300 75 MHz
71,000 to 76,000 5000 MHz
81,000 to 86,000 5000 MHz
92,000 to 95,000 (3)

[61 FR 26677, May 28, 1996, as amended at 61 FR 44181, Aug. 28, 1996; 62 FR 23167, Apr. 29, 1997; 62 FR 24582, May 6, 1997; 63 FR 6105, Feb. 6, 1998; 65 FR 17449, Apr. 3, 2000; 65 FR 38329, June 20, 2000; 65 FR 59358, Oct. 5, 2000; 67 FR 43038, June 26, 2002; 68 FR 4956, Jan. 31, 2003; 69 FR 3266, Jan. 23, 2004; 70 FR 29997, May 25, 2005; 75 FR 41771, July 19, 2010; 76 FR 59572, Sept. 27, 2011; 77 FR 54432, Sept. 5, 2012; 81 FR 79945, Nov. 14, 2016]

§ 101.111 Emission limitations.

(a) The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule:

(1) When using transmissions other than those employing digital modulation techniques:

(i) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 decibels;

(ii) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 decibels;

(iii) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log10 (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation.

(2) When using transmissions employing digital modulation techniques (see § 101.141(b)) in situations not covered in this section:

(i) For operating frequencies below 15 GHz, in any 4 KHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels:

A = 35 + 0.8(P −50) + 10 Log10 B. (Attenuation greater than 80 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) where:

A = Attenuation (in decibels) below the mean output power level.

P = Percent removed from the center frequency of the transmitter bandwidth.

B = Authorized bandwidth in MHz.

Note:

MVDDS operations in the 12.2-12.7 GHz band shall use 24 megahertz for the value of B in the emission mask equation set forth in this section. The emission mask limitation shall only apply at the 12.2-12.7 GHz band edges and does not restrict MVDDS channelization bandwidth within the band.

(ii) For operating frequencies above 15 GHz, in any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels:

A = 11 + 0.4(P−50) + 10 Log10 B. (Attenuation greater than 56 decibels or to an absolute power of less than −13 dBm/1MHz is not required.)

(iii) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log10 (the mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. The authorized bandwidth includes the nominal radio frequency bandwidth of an individual transmitter/modulator in block-assigned bands. Equipment licensed prior to April 1, 2005 shall only be required to meet this standard in any 4 kHz band.

(iv) The emission mask for LMDS and the 24 GHz Service shall use the equation in paragraph (a)(2)(ii) of this section and apply it only to the band edge of each block of spectrum, but not to subchannels established by licensees. The value of P in the equation is the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The emission mask can be satisfied by locating a carrier of the subchannel sufficiently far from the channel edges so that the emission levels of the mask are satisfied. The LMDS or 24 GHz emission mask shall use a value B (bandwidth) of 40 MHz, for all cases even in the case where a narrower subchannel is used (for instance the actual bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the output power of a fully populated channel. For block assigned channels, the out-of-band emission limits apply only outside the assigned band of operation and not within the band.

(v) The emission mask for the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands used in the equation in paragraph (a)(2)(ii) of this section applies only to the edge of each channel, but not to sub-channels established by licensees. The value of P in the equation is for the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The value of B will always be 500 MHz. In the case where a narrower sub-channel is used within the assigned bandwidth, such sub-carrier will be located sufficiently far from the channel edges to satisfy the emission levels of the mask. The mean output power used in the calculation is the sum of the output power of a fully populated channel.

(3) For Digital Termination System channels used in the Digital Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz band:

(i) In any 4 KHz band, the center frequency of which is removed from the edge of the DEMS channel by up to and including 1.125 times the DEMS subchannel bandwidth: As specified by the following equation may in no event be less than 50 + 10 log10 N decibels:

A = 50 + 0.0333(F − 0.5B) + 10 log10 N decibels

Where:

A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization.

B = Bandwidth of DEMS channel (in KHz).

F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz).

N = Number of active subchannels of the given polarization within the DEMS channel.

(ii) In any 4 KHz band within the authorized DEMS band the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50% of the DEMS channel bandwidth plus 1.125 times the subchannel bandwidth: As specified by the following equation but in no event less than 80 decibels:

A = 80 + 10 log10 N decibels

(iii) In any 4 KHz band the center frequency of which is outside the authorized DEMS band: At least 43 + 10 log10 (mean output power in watts) decibels.

(4) For DEMS channels in the 17,700-19,700 MHz band:

(i) In any 4 KHz band, the center frequency of which is removed from the frequency of the center of the DEMS channel by more than 50 percent of the DEMS channel bandwidth up to and including 50 percent plus 500 KHz: As specified by the following equation but in no event be less than 50 + 10 log10 N decibels:

A = 50 + 0.06(F −0.5B) + 10 log10 N decibels

Where:

A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization.

B = Bandwidth of DEMS channel (in KHz).

F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz).

N = Number of active subchannels of the given polarization within the DEMS channel.

(ii) In any 4 KHz band within the authorized DEMS band, the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50 percent of the channel bandwidth plus 500 KHz: As specified by the following equation but in no event less than 80 decibels:

A = 80 + 10 log10 N decibels

(iii) In any 4 KHz band the center frequency of which is outside the authorized Digital Message Service band: At least 43 + 10 log10 (mean output power in watts) decibels.

(5) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a 12.5 KHz bandwidth, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule:

(i) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz up to and including 6.25 KHz: At least 53 log10 (fd/2.5) decibels;

(ii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz up to and including 9.5 KHz: At least 103 log10 (fd/3.9) decibels;

(iii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz up to and including 15 KHz: At least 157 log10 (fd/5.3) decibels; and

(iv) On any frequency removed from the center of the authorized bandwidth by a displacement frequency greater than 15 KHz: At least 50 plus 10 log10(P) or 70 decibels, whichever is the lesser attenuation.

(6) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a bandwidth greater than 12.5 KHz, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule:

(i) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up to and including 10 KHz: At least 83 log10 (fd/5) decibels;

(ii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz up to and including 250 percent of the authorized bandwidth: At least 116 log10 (fd/6.1) decibels or 50 plus 10 log10 (P) or 70 decibels, whichever is the lesser attenuation; and

(iii) On any frequency removed from the center of the authorized bandwidth by more that 250 percent of the authorized bandwidth: At least 43 plus 10 log10 (output power in watts) decibels or 80 decibels, whichever is the lesser attenuation.

(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in paragraph (a) of this section.

(c) The emission of an unmodulated carrier is prohibited except for test purposes as required for proper station and system maintenance.

(d) Interference to passive sensors. These limitations are necessary to minimize the probability of harmful interference to reception in the 10.6-10.68 GHz and 31-31.3 GHz bands onboard space stations in the Earth exploration-satellite service (passive).

(1) 10.6-10.68 GHz.

(i) Fixed stations are restricted to point-to-point operations, with each station supplying not more than −3 dBW of transmitter power to the antenna, producing not more than 40 dBW of EIRP, and radiating at an antenna main beam elevation angle of 20° or less. Licensees holding a valid authorization on August 6, 2015 to operate in this band may continue to operate as authorized, subject to proper license renewal. Licensees are urged to:

(A) Limit the maximum transmitter power supplied to the antenna to −15 dBW; and

(B) Employ automatic transmitter power control (ATPC).

(ii) The maximum transmitter power supplied to the antenna of stations using ATPC may be increased by a value corresponding to the ATPC range, up to a maximum of −3 dBW.

(2) 31-31.3 GHz. For fixed stations authorized after August 6, 2018, the unwanted emissions power in any 100 MHz of the 31.3-31.5 GHz band shall be limited to −38 dBW (−38 dBW/100 MHz), as measured at the input to the antenna.

[61 FR 26677, May 28, 1996, as amended at 62 FR 24582, May 6, 1997; 65 FR 59358, Oct. 5, 2000; 67 FR 43038, June 26, 2002; 68 FR 4957, Jan. 31, 2003; 69 FR 3266, Jan. 23, 2004; 69 FR 31746, June 7, 2004; 80 FR 38912, July 7, 2015]

§ 101.113 Transmitter power limitations.

(a) On any authorized frequency, the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified below. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in the effective radiated power of this station. Further, the output power of a transmitter on any authorized frequency in this service may not exceed the following:

Frequency band (MHz) Maximum allowable EIRP1 2
Fixed1 2 (dBW) Mobile (dBW)
928.0-929.0(2) + 17
932.0-932.5(2) + 17
932.5-935.0 + 40
941.0-941.5(2) + 30 + 14
941.5-944.0 + 40
952.0-960.0(2) + 40 + 14
1,850-1,990 + 45
2,110-2,150 + 45
2,150-2,1803 + 45
2,180-2,200 + 45
2,450-2,500 + 45
2,500-2,686
2,686-2,690 + 45
3,700-4,200 + 55
5,925-6,425 + 55
6,425-6,525 + 35
6,525-6,875 + 55
6,875-7,125 + 55
10,550 to 10,6005 + 55
10,600 to 10,6805 + 40
10,700-11,700 + 55
12,200-12,70011 + 50
12,700-13,2004 + 50
13,200-13,2504 + 55
14,200-14,40012 + 45
17,700-18,600 + 55
18,600-18,8006 + 35
18,800-19,700 5 + 55
21,200-23,60010 + 55
24,250-25,250 5+ 55
29,100-29,250 (7)
31,000 to 31,0758 9 30 dBW/MHz 30 dBW/MHz
31,075 to 31,2258 9 30 dBW/MHz 30 dBW/MHz
31,225 to 31,3008 9 30 dBW/MHz 30 dBW/MHz
71,000-76,00013 + 55 + 55
81,000-86,00013 + 55 + 55
92,000-95,000 + 55 + 55

(b) The power of transmitters that use Automatic Transmitter Power Control shall not exceed the power input or output specified in the instrument of station authorization. The power of non-ATPC transmitters shall be maintained as near as practicable to the power input or output specified in the instrument of station authorization.

(c)

(1) Transmitter power limitations. Point-to-point stations in the 29.1-29.25 GHz band for the LMDS backbone between LMDS hubs shall be limited to a maximum allowable e.i.r.p. density per carrier of 23 dBW/MHz in any one megahertz in clear air, and may exceed this limit by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value due to precipitation and only to the extent that the link is impaired.

(2) Hub transmitter EIRP spectral area, density limit. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km2) when averaged over any 4.375 MHz band, where X is defined in Table 1. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired.

(i) The e.i.r.p. aggregate spectral area density is calculated as follows:

where:

N = number of co-frequency hubs in BTA.

A = Area of BTA in km2.

pi = spectral power density into antenna of i-th hub (in W/MHz).

gi = gain of i-th hub antenna at zero degree elevation angle.

Each pi and gi are in the same 1 MHz within the designated frequency band.

(ii) The climate zones in Table 1 are defined for different geographic locations within the US as shown in Appendix 28 of the ITU Radio Regulations.

Table 11

Climate zone e.i.r.p. Spectral Density (Clear Air) (dBW/MHz-km2)2
1 −23
2 −25
3,4,5 −26

(3) Hub transmitter e.i.r.p. spectral area density limit at elevation angles above the horizon. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km2) when averaged over any 4.375 MHz band where X is defined in Table 2. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired.

(i) The e.i.r.p. aggregate spectral area density is calculated as follows:

where:

N = number of co-frequency hubs in BTA.

A = Area of BTA in km2.

e.i.r.p. (ai) = equivalent isotropic radiated spectral power density of the i-th hub (in W/MHz) at elevation angle a where a is the angle in degrees of elevation above horizon. e.i.r.p.(0°) is the hub e.i.r.p. area density at the horizon used in Section 101.113c(2). The nominal antenna pattern will be used for elevation angles between 0° and 8°, and average levels will be used for angles beyond 8°, where average levels will be calculated by sampling the antenna patterns in each 1° interval between 8° and 9015, dividing by 83.

Table 2

Elevation angle (a) Relative e.i.r.p. density (dBW/MHz-km2)
0° ≤a ≤4.0° e.i.r.p.(a) = e.i.r.p.(0°) + 20 log (sinΠ x)(1/Π x) where x = (a + 1)/7.5°.
4.0° <a ≤7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 3.85a + 7.7.
a >7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 22.

(ii) LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO MSS providers.

(4) Power reduction techniques. LMDS hub transmitters shall employ methods to reduce average power levels received by non-geostationary mobile satellite receivers, to the extent necessary to comply with paragraphs (c)(1) and (c)(2) of this section, by employing the methods set forth below:

(i) Alternate polarizations. LMDS hub transmitters in the LMDS service area may employ both vertical and horizontal linear polarizations such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ vertical polarization and 50 percent (plus or minus 10 percent) shall employ horizontal polarization.

(ii) Frequency interleaving. LMDS hub transmitters in the LMDS service area may employ frequency interleaving such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ channel center frequencies which are different by one-half the channel bandwidth of the other 50 percent (plus or minus 10 percent) of the hub transmitters.

(iii) Alternative methods. As alternatives to paragraphs (c)(4)(i) and (c)(4)(ii) of this section, LMDS operators may employ such other methods as may be shown to achieve equivalent reductions in average power density received by non-GSO MSS satellite receivers.

[61 FR 26677, May 28, 1996]

§ 101.115 Directional antennas.

(a) Unless otherwise authorized upon specific request by the applicant, each station authorized under the rules of this part must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates: provided, however, where a station communicates with more than one point, a multi- or omni-directional antenna may be authorized if necessary. New Periscope antenna systems will not, under ordinary circumstances, be authorized.

(b) Fixed stations (other than temporary fixed stations and DEMS nodal stations) operating at 932.5 MHz or higher must employ transmitting and receiving antennas (excluding second receiving antennas for operations such as space diversity) meeting the appropriate performance Standard A indicated below, except that in areas not subject to frequency congestion, antennas meeting performance Standard B may be used, subject to the requirements set forth in paragraph (d) of this section. For frequencies with a Standard B1 and a Standard B2, in order to comply with Standard B an antenna must fully meet either Standard B1 or Standard B2. Licensees shall comply with the antenna standards table shown in this paragraph in the following manner:

(1) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and

(2) With the minimum radiation suppression to angle requirement.

Antenna Standards

Frequency (MHz) Category Maximum beamwidth to 3 dB points1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels
5° to10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180°
932.5 to 935 A 14.0 n/a n/a 6 11 14 17 20 24
B 20.0 n/a n/a n/a 6 10 13 15 20
941.5 to 944 A 14.0 n/a n/a 6 11 14 17 20 24
B 20.0 n/a n/a n/a 6 10 13 15 20
952 to 9602 3 A 14.0 n/a n/a 6 11 14 17 20 24
B 20.0 n/a n/a n/a 6 10 13 15 20
1,850 to 2,5004 A 5.0 n/a 12 18 22 25 29 33 39
B 8.0 n/a 5 18 20 20 25 28 36
3,700 to 4,200 A 2.7 36 23 29 33 36 42 55 55
B 2.7 36 20 24 28 32 32 32 32
B 2.2 38 21 25 29 32 35 39 45
5,925 to 6,4255 A 2.2 38 25 29 33 36 42 55 55
B1 2.2 38 21 25 29 32 35 39 45
B2 4.1 32 15 20 23 28 29 60 60
6,525 to 6,8755 A 2.2 38 25 29 33 36 42 55 55
B1 2.2 38 21 25 29 32 35 39 45
B2 4.1 32 15 20 23 28 29 60 60
6,875 to 7,125 A 2.2 38 25 29 33 36 42 55 55
B1 2.2 38 21 25 29 32 35 39 45
B2 4.1 32 15 20 23 28 29 60 60
10,550 to 10,6807 A 3.5 33.5 18 24 28 32 35 55 55
B 3.5 33.5 17 24 28 32 35 40 45
10,565 to 10,615 n/a 360 n/a n/a n/a n/a n/a n/a n/a n/a
10,630 to 10,6808 n/a 3.5 34 20 24 28 32 35 36 36
10,700-11,7005 A 2.2 38 25 29 33 36 42 55 55
B 3.5 33.5 17 24 28 32 35 40 45
12,200 to 13,2509 A 1.0 n/a 23 28 35 39 41 42 50
B 2.0 n/a 20 25 28 30 32 37 47
17,700 to 18,820 A 2.2 38 25 29 33 36 42 55 55
B1 2.2 38 20 24 28 32 35 36 36
B2 3.3 33.5 18 22 29 31 35 55 55
18,920 to 19,70010 A 2.2 38 25 29 33 36 42 55 55
B1 2.2 38 20 24 28 32 35 36 36
B2 3.3 33.5 18 22 29 31 35 55 55
21,200 to 23,6007 11 A 3.3 33.5 18 26 26 33 33 55 55
B1 3.3 33.5 17 24 24 29 29 40 50
B2 4.5 30.5 14 19 22 24 29 52 52
24,250 to 25,25010 A 2.8 38 25 29 33 36 42 55 60
B 2.8 38 20 24 28 32 35 36 45
31,000 to 31,30012 13 n/a 4.0 38 n/a n/a n/a n/a n/a n/a n/a
B n/a 38 20 24 28 32 35 36 36
71,000 to 76,000 (co-polar)14 N/A 1.2 43 35 40 45 50 50 55 55
71,000 to 76,000 (cross-polar)14 N/A 1.2 43 45 50 50 55 55 55 55
81,000 to 86,000 (co-polar)14 N/A 1.2 43 35 40 45 50 50 55 55
81,000 to 86,000 (cross-polar)14 N/A 1.2 43 45 50 50 55 55 55 55
92,000 to 95,000 N/A 0.6 50.0 36 40 45 50 55 55 55

(c) The Commission shall require the replacement of any antenna or periscope antenna system of a permanent fixed station operating at 932.5 MHz or higher that does not meet performance Standard A specified in paragraph (c) of this section, at the expense of the licensee operating such antenna, upon a showing that said antenna causes or is likely to cause interference to (or receive interference from) any other authorized or applied for station whereas a higher performance antenna is not likely to involve such interference. Antenna performance is expected to meet the standards of paragraph (c) of this section for parallel polarization. For cases of potential interference, an antenna will not be considered to meet Standard A unless the parallel polarization performance for the discrimination angle involved meets the requirements, even if the cross-polarization performance controls the interference.

(d) In cases where passive reflectors are employed in conjunction with transmitting antenna systems, the foregoing paragraphs of this section also will be applicable. However, in such instances, the center of the major lobe of radiation from the antenna normally must be directed at the passive reflector, and the center of the major lobe of radiation from the passive reflector directed toward the receiving station with which it communicates.

(e) Periscope antennas used at an electric power facility plant area will be excluded from the requirements of paragraph (c) of this section on a case-by-case basis where technical considerations or safety preclude the use of other types of antenna systems.

(f) In the 10,700-11,700 MHz band, a fixed station may employ transmitting and receiving antennas meeting performance standard B in any area. If a Fixed Service or Fixed Satellite Service licensee or applicant makes a showing that it is likely to receive interference from such fixed station and that such interference would not exist if the fixed station used an antenna meeting performance standard A, the fixed station licensee must modify its use. Specifically, the fixed station licensee must either substitute an antenna meeting performance standard A or operate its system with an EIRP reduced so as not to radiate, in the direction of the other licensee, an EIRP in excess of that which would be radiated by a station using a Category A antenna and operating with the maximum EIRP allowed by the rules. A licensee or prior applicant using an antenna that does not meet performance Standard A may object to a prior coordination notice based on interference only if such interference would be predicted to exist if the licensee or prior applicant used an antenna meeting performance standard A.

(g) In the event harmful interference is caused to the operation of other stations, the Commission may, after notice and opportunity for hearing, order changes to be made in the height, orientation, gain and radiation pattern of the antenna system.

[61 FR 26677, May 28, 1996]

§ 101.117 Antenna polarization.

Except as set forth herein, stations operating in the radio services included in this part are not limited as to the type of polarization of the radiated signal that may be employed. However, in the event interference in excess of permissible levels is caused to the operation of other stations as a result of employing other than linear polarization, the Commission may order a licensee to change its system polarization to mitigate the interference. No change in polarization may be made without prior authorization from the Commission. Unless otherwise allowed, only linear polarization (horizontal and vertical) shall be used. For LMDS systems, unless otherwise authorized, system operators are permitted to use any polarization within its service area, but only vertical and/or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their service area.

[68 FR 4957, Jan. 31, 2003]

§ 101.119 Simultaneous use of common antenna structures.

The simultaneous use of common antenna structures by more than one radio station, or by one of more domestic public radio stations and one or more stations of any other class or service, may be authorized: provided, however, that each licensee or user of any such structure is responsible for maintaining the structure, and for painting and illuminating the structure when obstruction marking is required by the Commission. (See § 101.21(a).)

§ 101.125 Temporary fixed antenna height restrictions.

The overall antenna structure heights employed by mobile stations in the Local Television Transmission Service and by stations authorized to operate at temporary fixed locations may not exceed the height criteria set forth in § 17.7 of this chapter, unless in each instance, authorization for use of a specific maximum antenna height (above ground and above mean sea level) for each location has been obtained from the Commission prior to erection of the antenna. Requests for such authorization must show the inclusive dates of the proposed operation. (Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in part 17 of this chapter.)

§ 101.129 Transmitter location.

(a) The applicant must determine, prior to filing an application for a radio station authorization, that the antenna site specified therein is adequate to render the service proposed. In cases of questionable antenna locations, it is desirable to conduct propagation tests to indicate the field intensity which may be expected in the principal areas or at the fixed points of communication to be served, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site survey tests to be made pursuant to an experimental license under part 5 of this chapter. In such cases, propagation tests should be conducted in accordance with recognized engineering methods and should be made with a transmitting antenna simulating, as near as possible, the proposed antenna installation. Full data obtained from such surveys and its analysis, including a description of the methods used and the name, address and qualifications of the engineer making the survey, must be supplied to the Commission.

(b) In the 12.2-12.7 GHz band, licensees must not locate MVDDS transmitting antennas within 10 km of any qualifying NGSO FSS receiver unless mutual agreement is obtained between the MVDDS and NGSO FSS licensees. Such agreements must be retained by the licensees and made available for inspection by interested parties upon request.

(1) A qualifying NGSO FSS receiver, for the purposes of this section, is deemed to be one that is in regular use by an NGSO FSS subscriber for normal reception purposes in the 12.2-12.7 GHz band and not one for monitoring or testing purposes. In addition, qualifying receivers must either be in operation on the date or already be under construction and then operating within thirty days of the date that the MVDDS licensee notifies the NGSO FSS licensee of its intent to construct a new MVDDS transmitting antenna at a specified location.

(2) Except as provided in paragraph (b)(3) of this section, the 10 kilometer spacing requirement for each MVDDS transmitting antenna site shall not apply with respect to NGSO FSS receivers that might be installed or become operational (except for those under construction and operating within thirty days as specified in paragraph (b)(1) of this section) subsequent to the original date that the MVDDS licensee provided notice of its intention to construct a given transmission facility.

(3) In the event that a proposed MVDDS transmitting antenna for which notice has been duly given to the NGSO FSS licensees has not been placed in normal operation within one calendar year of the date of notice, then the MVDDS licensee loses the benefit of the original notice. Upon such anniversary, the MVDDS licensee must re-determine compliance with the minimum 10 kilometer spacing requirement based upon locations of qualifying NGSO FSS receivers on that anniversary date. A new determination of compliance with the spacing requirement shall be made for each succeeding anniversary of non-operation for each proposed MVDDS transmission site or additional antenna. This provision contemplates that failure to commence normal operation at a given MVDDS transmitting antenna site within one year of the date of NGSO FSS notification may require successive relocations of the proposed transmitter site in order to meet the minimum spacing distance as determined on each anniversary of non-operation.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68983, Dec. 14, 1998; 67 FR 43038, June 26, 2002; 78 FR 25176, Apr. 29, 2013]

§ 101.131 Transmitter construction and installation.

(a) The equipment at the operating and transmitting positions must be so installed and protected that it is not accessible to, or capable of being operated by, persons other than those duly authorized by the licensee.

(b) In any case where the maximum modulating frequency of a transmitter is prescribed by the Commission, the transmitter must be equipped with a low-pass or band-pass modulation filter of suitable performance characteristics. In those cases where a modulation limiter is employed, the modulation filter must be installed between the transmitter stage in which limiting is effected and the modulated stage of the transmitter.

(c) Each transmitter employed in these services must be equipped with an appropriately labeled pilot lamp or meter which will provide continuous visual indication at the transmitter when its control circuits have been placed in a condition to activate the transmitter. In addition, facilities must be provided at each transmitter to permit the transmitter to be turned on and off independently of any remote control circuits associated therewith.

(d) At each transmitter control point the following facilities must be installed:

(1) A carrier operated device which will provide continuous visual indication when the transmitter is radiating, or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter; and

(2) Facilities which will permit the operator to turn transmitter carrier on and off at will.

(e) Transmitter control circuits from any control point must be so installed that grounding or shorting any line in the control circuit will not cause the transmitter to radiate: provided, however, That this provision will not be applicable to control circuits of stations which normally operate with continuous radiation or to control circuits which are under the effective operational control of responsible operating personnel 24 hours per day.

§ 101.133 Limitations on use of transmitters.

(a) Transmitters licensed for operation in Common Carrier services may be concurrently licensed or used for non-common carrier communication purposes. Mobile units may be concurrently licensed or used for non-common carrier communication purposes provided that the transmitter is certificated for use in each service.

(b) Private operational fixed point-to-point microwave stations authorized in this service may communicate with associated operational-fixed stations and fixed receivers and with units of associated stations in the mobile service licensed under Private Radio Service rule parts. In addition, intercommunication is permitted with other licensed stations and with U.S. Government stations in those cases which require cooperation or coordination of activities or when cooperative use arrangements in accordance with § 101.135 are contemplated; provided, however, that where communication is desired with stations authorized to operate under the authority of a foreign jurisdiction, prior approval of this Commission must be obtained; And provided further, That the authority under which such other stations operate does not prohibit the intercommunication.

(c) Two or more persons or governmental entities eligible for private operational fixed point-to-point microwave licenses may use the same transmitting equipment under the following terms and conditions:

(1) Each licensee complies with the general operating requirements set out in this part;

(2) Each licensee is eligible for the frequency(ies) on which the facility operates; and

(3) Each licensee must have the ability to access the transmitter(s) that it is authorized to operate under the multiple licensing arrangement.

(d) LMDS subscriber transmissions. LMDS licensees shall not operate transmitters from subscriber locations in the 29.1-29.25 GHz band.

(e) Existing private operational fixed wireless licensees applying to become common carrier wireless licensees shall comply with all provisions of the Communications Act and the Commission's rules. Applicants must take all required filings, including FCC Form 601, and receive all necessary Commission approval prior to operating as a common carrier wireless licensee. The regulatory fee associated with FCC wireless application Form 601 is waived for applicants who are existing private operational fixed licensees seeking common carrier status, provided that such licensees have also complied with all other discontinuance requirements of Title II of the Act. Applicants are responsible for all other Commission regulatory fees.

[61 FR 26677, May 28, 1996, as amended at 61 FR 44183, Aug. 28, 1996; 63 FR 36611, July 7, 1998; 68 FR 4957, Jan. 31, 2003]

§ 101.135 Shared use of radio stations and the offering of private carrier service.

Licensees of Private Operational Fixed Point-to-Point Microwave radio stations may share the use of their facilities on a non-profit basis or may offer service on a for-profit private carrier basis, subject to the following conditions and limitations:

(a) Persons or governmental entities licensed to operate radio systems pursuant to subpart H of this part on any of the private radio frequencies set out in § 101.101 may share such systems with, or provide private carrier service to, any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603.

(b) The licensee must maintain access to and control over all facilities authorized under its license;

(c) All sharing and private carrier arrangements must be conducted pursuant to a written agreement to be kept as part of the station records; and

(d) The licensee must keep an up-to-date list of system sharers and private carrier subscribers and the basis of their eligibility under this part. Such records must be kept current and must be made available upon request for inspection by the Commission.

(e) Applicants licensed in the MAS frequencies after June 2, 2000, shall not provide service to others on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25-932.5/941.25-941.5 MHz bands.

[61 FR 26677, May 28, 1996, as amended at 65 FR 17449, Apr. 3, 2000; 65 FR 38330, June 20, 2000; 66 FR 35110, July 3, 2001; 68 FR 4958, Jan. 31, 2003]

§ 101.137 Interconnection of private operational fixed point-to-point microwave stations.

Private operational fixed point-to-point microwave stations may be interconnected with facilities of common carriers subject to applicable tariffs.

§ 101.139 Authorization of transmitters.

(a) Unless specified otherwise, transmitters used in the private operational fixed and common carrier fixed point-to-point microwave and point-to-multipoint services under this part must be a type that has been approved for compliance under Supplier's Declaration of Conformity.

Note 1 to paragraph (a):

The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter.

(b) Any transmitter to be produced for use under the rules of this part may be approved under the equipment authorization procedures set forth in part 2 of this chapter.

(c) Certification for an individual transmitter may also be requested by an applicant for a station authorization, pursuant to the procedures set forth in part 2 of this chapter.

(d) A transmitter presently shown on an instrument of authorization, which operates on an assigned frequency in the 890-940 MHz band and has not received a grant of certification, may continue to be used by the licensee without certification provided such transmitter continues otherwise to comply with the applicable requirements of this chapter.

(e) Certification or Supplier's Declaration of Conformity is not required for portable transmitters operating with peak output power not greater than 250 mW. If operation of such equipment causes harmful interference the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference.

(f) After July 15, 1996, the manufacturer (except for export) or importation of equipment employing digital modulation techniques in the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz bands must meet the minimum payload capacity requirements of § 101.141.

(g) After April 1, 2005, the manufacture (except for export) or importation of equipment for operation in the 21,200-23,600 MHz band must meet:

(1) The 0.001% frequency tolerance requirement for digital systems in § 101.107(a) or the 0.03-0.003% frequency tolerance for analog systems; and

(2) For equipment employing digital modulation techniques, the minimum bit rate requirements of § 101.141(a).

(h) 71,000-76,000 MHz; 81,000-86,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 0.125 bit per second per Hz.

(i) 92,000-94,000 MHz; 94,100-95,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 1.0 bit per second per Hz.

[63 FR 36611, July 7, 1998, as amended at 65 FR 59358, Oct. 5, 2000; 67 FR 43038, June 26, 2002; 68 FR 4958, Jan. 31, 2003; 70 FR 29998, May 25, 2005; 82 FR 50838, Nov. 2, 2017]

§ 101.141 Microwave modulation.

(a) Microwave transmitters employing digital modulation techniques and operating below 25.25 GHz (except for MVDDS stations in the 12,200-12,700 MHz band) must, with appropriate multiplex equipment, comply with the following additional requirements:

(1) The bit rate, in bits per second, must be equal to or greater than the bandwidth specified by the emission designator in Hertz (e.g., to be acceptable, equipment transmitting at a 20 Mb/s rate must not require a bandwidth of greater than 20 MHz), except the bandwidth used to calculate the minimum rate may not include any authorized guard band.

(i) Stations authorized prior to December 1, 1988 may install equipment after that date with no minimum bit rate. Equipment applied for or authorized prior to April 1, 2005 in the 21.2-23.6 GHz band may be installed with no minimum bit rate.

(ii) However, any digital equipment applied for after April 1, 2005 and equipment replacing existing equipment in the 21.2-23.6 GHz band must meet the bit rate standard.

(2) Equipment to be used for voice transmission placed in service, authorized, or applied for on or before June 1, 1997 in the 2110 to 2130 and 2160 to 2180 MHz bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 96 voice channels. Equipment placed in service, authorized, or applied for on or before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and 10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 1152 voice channels. These required loading levels may be reduced by a factor of 1/N provided that N transmitters may be operated satisfactorily, over the same radio path, within an authorized bandwidth less than, or equal to, the maximum authorizable bandwidth (e.g., the 1152 channel requirement may be reduced to 576 if two transmitters can be satisfactorily operated over the same path within the maximum bandwidth). Where certificated equipment is designed to operate on the same frequency in a cross polarized configuration to meet the above capacity requirements, the Commission will require, at the time additional transmitters are authorized, that both polarizations of a frequency be used before a new frequency assignment is made, unless a single transmitter installation was found to be justified by the Commission at the time it authorized the first transmitter.

(3)

(i) Except as noted in paragraph (a)(7) of this section, the payload capacity of equipment shall meet the following minimum efficiency standards:

Frequency Emission bandwidth ≤5 MHz Emission bandwidth >5 MHz and ≤20 MHz Emission bandwidth >20 MHz
3,700-10,550 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 4.4 bits/second/Hertz.
10,550-13,250 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 3.0 bits/second/Hertz.

(ii) Traffic loading payload shall exceed 50 percent of payload capacity within 30 months of licensing. During anomalous signal fading, licensees subject to the capacity and loading requirements may adjust to a modulation specified in their authorization if such modulation is necessary to allow licensees to maintain communications, even if the modulation will not comply with the capacity and loading requirements specified in this paragraph. Links that must comply with the capacity and loading requirements that use equipment capable of adjusting modulation must be designed using generally accepted multipath fading and rain fading models to meet the specified capacity and loading requirements at least 99.95% of the time, in the aggregate of both directions in a two-way link.

(4) If a transmitter is authorized to operate in a bandwidth that is not listed in paragraph (a)(3) of this section, it must meet the minimum payload capacity and traffic loading requirements of the next largest channel bandwidth listed in the table; e.g., if the authorized bandwidth is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/s.

(5) Transmitters carrying digital motion video motion material are exempt from the requirements specified in paragraphs (a)(2) and (a)(3) of this section, provided that at least 50 percent of the payload is digital video motion material and the minimum bit rate specified in paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz bands, concatenation of multiple contiguous channels is permitted for channels of equal bandwidth on center frequencies, provided no other channels are available and the minimum payload capacity requirements are met.

(6) Digital systems using bandwidths of 10 MHz or larger will be considered 50 percent loaded when at least 50 percent of their total capacity is being used. For purposes of this subsection, a Fixed Service channel is being used if it is attached to a communications system that is capable of providing data to it at a rate that is sufficient to occupy at least 50 percent of the payload capacity of the Fixed Service channel, after header compression is applied.

(7) Equipment placed in service after June 1, 1997 and prior to October 5, 2012 may comply with the provisions of § 101.141(a)(3) in effect as of the date the equipment was placed in service.

(b) For purposes of compliance with the emission limitation requirements of § 101.111(a)(2) and the requirements of paragraph (a) of this section, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more to the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter.

(c) Analog Modulation. Except for video transmission, an application for an initial working channel for a given route will not be accepted for filing where the anticipated loading (within five years for voice, or other period subject to reasonable projection) is less than the minimum specified for the following frequency bands. Absent extraordinary circumstances, applications proposing additional frequencies over existing routes will not be granted unless it is shown that the traffic load will shortly exhaust the capacity of the existing equipment. Where no construction of radio facilities is requested, licensees must submit this evidence with their filing of any necessary authority required pursuant to section 214 of the Communications Act and part 63 of this chapter.

Frequency band (MHz) Minimum number of voice channels (4 KHz or equivalent)
3700 to 4200 (20 MHz bandwidth) 900
5925 to 6425 (10 MHz bandwidth) 300
5925 to 6425 (20 MHz bandwidth) 600
5925 to 6425 (30 MHz bandwidth) 900
6525 to 6875 (10 MHz bandwidth) 300
10,700 to 11,700 (10 MHz bandwidth) 300
10,700 to 11,700 (20 MHz bandwidth) 600
10,700 to 11,700 (30 MHz bandwidth) 900
10,700 to 11,700 (40 MHz bandwidth) 900

[61 FR 26677, May 28, 1996, as amended at 62 FR 24583, May 6, 1997; 63 FR 36611, July 7, 1998; 65 FR 59358, Oct. 5, 2000; 67 FR 43039, June 26, 2002; 68 FR 4958, Jan. 31, 2003; 76 FR 59572, Sept. 27, 2011; 77 FR 54433, Sept. 5, 2012]

§ 101.143 Minimum path length requirements.

(a) The distance between end points of a fixed link in the private operational fixed point-to-point and the common carrier fixed point-to-point microwave services must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below:

Frequency band (MHz) Minimum path length (km)
Below 1,850 N/A
1,850 to 7,125 17
10,550 to 13,250 5
Above 17,700 N/A

(b) For paths shorter than those specified in the table in paragraph (a) of this section, the EIRP shall not exceed the value derived from the following equation:

EIRP = MAXEIRP-40*log(A/B) dBW

Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in Section 101.113(a).

A = Minimum path length from the Table above for the frequency band in kilometers.

B = The actual path length in kilometers.

Note to paragraph (b):

For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power.

(c) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements.

Note to paragraph (c):

Links authorized prior to April 1, 1987, need not comply with this requirement.

[61 FR 26677, May 28, 1996, as amended at 65 FR 38330, June 20, 2000]

§ 101.145 Interference to geostationary-satellites.

These limitations are necessary to minimize the probability of harmful interference to reception in the bands 2655-2690 MHz, 5925-7075 MHz, and 12.7-13.25 GHz on board geostationary-space stations in the fixed-satellite service.

(a) Stations authorized prior to July 1, 1976 in the band 2655-2690 MHz, which exceed the power levels in paragraphs (b) and (c) of this section are permitted to operate indefinitely, provided that the operation of such stations does not result in harmful interference to reception in these bands on board geostationary space stations.

(b) 2655 to 2690 MHz and 5925 to 7075 MHz. No directional transmitting antenna utilized by a fixed station operating in these bands with EIRP greater than 35 dBW may be aimed within 2 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. However, exception may be made in unusual circumstances upon a showing that there is no reasonable alternative to the transmission path proposed. If there is no evidence that such exception would cause possible harmful interference to an authorized satellite system, said transmission path may be authorized on waiver basis where the maximum value of the equivalent isotropically radiated power (EIRP) does not exceed:

(1) + 47 dBW for any antenna beam directed within 0.5 degrees of the stationary satellite orbit; or

(2) + 47 to + 55 dBW, on a linear decibel scale (8 dB per degree) for any antenna beam directed between 0.5 degrees and 1.5 degrees of the stationary orbit.

(c) 12.7 to 13.25 GHz. No directional transmitting antenna utilized by a fixed station operating in this band with EIRP greater than 45 dBW may be aimed within 1.5 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction.

(d) Methods for calculating the azimuths to be avoided may be found in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in “Radio-Relay Antenna Pointing for controlled Interference With Geostationary-Satellites” by C. W. Lundgren and A. S. May, Bell System Technical Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in “Geostationary Orbit Avoidance Computer Program” by Richard G. Gould, Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This latter report is available through the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22151, in printed form (PB-211 500) or source card deck (PB-211 501).

[61 FR 26677, May 28, 1996, as amended at 65 FR 38330, June 20, 2000; 68 FR 12777, Mar. 17, 2003; 77 FR 54433, Sept. 5, 2012]

§ 101.147 Frequency assignments.

(a) Frequencies in the following bands are available for assignment for fixed microwave services.

928.0-929.0 MHz (28)

932.0-932.5 MHz (27)

932.5-935 MHz (17)

941.0-941.5 MHz (27)

941.5-944 MHz (17) (18)

952.0-960.0 MHz (28)

1,850-1,990 MHz (20) (22)

2,110-2,130 MHz) (1) (3) (7) (20) (23)

2,130-2,150 MHz (20) (22)

2,160-2,180 MHz (1) (2) (20) (23)

2,180-2,200 MHz (20) (22)

2,450-2,500 MHz (12)

2,650-2,690 MHz

3,700-4,200 MHz (8) (14) (25)

5,925-6,425 MHz (6) (14) (25)

6,425-6,525 MHz (24)

6,525-6.875 MHz (14) (33)

6,875-7,125 MHz (10), (34)

10,550-10,680 MHz (19)

10,700-11,700 MHz (8) (9) (19) (25)

11,700-12,200 MHz (24)

12,200-12,700 MHz (31)

12,700-13,200 (22), (34)

13,200-13,250 MHz (4) (24) (25)

14,200-14,400 MHz (24)

17,700-18,820 MHz (5) (10) (15)

17,700-18,300 MHz (10) (15)

18,820-18,920 MHz (22)

18,300-18,580 MHz (5) (10) (15)

18,580-19,300 MHz (22) (30)

18,920-19,160 MHz (5 (10) (15)

19,160-19,260 MHz (22)

19,260-19,700 MHz (5) (10) (15)

19,300-19,700 MHz (5) (10) (15)

21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26)

22,000-23,600 MHz (4) (11) (12) (24) (25) (26)

24,250-25,250 MHz

29,100-29,250 MHz (5), (16)

31,000-31,300 MHz (16)

42,000-42,500 MHz

71,000-76,000 MHz (5) (17)

81,000-86,000 MHz (5) (17)

92,000-94,000 MHz (17)

94,100-95,000 MHz (17)

Notes

(1) Frequencies in this band are shared with control and repeater stations in the Public Mobile Services and with stations in the International Fixed Public Radio communication Services located south of 25°30′ north latitude in the State of Florida and U. S. possessions in the Caribbean area. Additionally, the band 2160-2162 MHz is shared with stations in the Multipoint Distribution Service.

(2) Except upon showing that no alternative frequencies are available, no new assignments will be made in the band 2160-2162 MHz for stations located within 80.5 kilometers (50 miles) of the coordinates of the cities listed in § 21.901(c) of this chapter.

(3) Television transmission in this band is not authorized and radio frequency channel widths may not exceed 3.5 MHz.

(4) Frequencies in this band are shared with fixed and mobile stations licensed in other services.

(5) Frequencies in this band are shared with stations in the fixed-satellite service.

(6) These frequencies are not available for assignment to mobile earth stations.

(7) Frequencies in the band 2110-2120 MHz may be authorized on a case-by-case basis to Government or non-Government space research earth stations for telecommand purposes in connection with deep space research.

(8) This frequency band is shared with station(s) in the Local Television Transmission Service for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, for permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. This frequency band is also shared in the U.S. Possessions in the Caribbean area, with stations in the International Fixed Public Radiocommunications Services.

(9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service.

(10) This band is co-equally shared with stations in the fixed services under parts 74, 78 and 101 of this chapter.

(11) Frequencies in this band are shared with Government stations.

(12) Frequencies in this band are available for assignment to the common carrier and private-operational fixed point-to-point microwave services.

(13) Frequencies in this band are shared with stations in the earth exploration satellite service (space to earth).

(14) Frequencies in this band are shared with stations in the fixed satellite service. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz.

(15) Stations licensed as of September 9, 1983 to use frequencies in the 17.7-19.7 GHz band may, upon proper application, continue to be authorized for such operation.

(16) As of June 30, 1997, frequencies in these bands are available for assignment only to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998.

(17) Frequencies in these bands are shared with Government fixed stations and stations in the Private Operational Fixed Point-to-Point Microwave Service (part 101).

(18) Frequencies in the 942 to 944 MHz band are also shared with broadcast auxiliary stations.

(19) Frequencies in this band are shared with stations in the private-operational fixed point-to-point microwave service.

(20) New facilities in these bands will be licensed only on a secondary basis. Facilities licensed or applied for before January 16, 1992, are permitted to make minor modifications in accordance with § 101.81 and retain their primary status.

(21) Any authorization of additional stations to use the 2160-2162 MHz band for Multipoint Distribution Service applied for after January 16, 1992, will be secondary to use of the band for emerging technology services.

(22) Frequencies in these bands are for the exclusive use of Private Operational Fixed Point-to-Point Microwave Service (part 101). Frequencies in the 12,700-13,200 MHz band, which were available only to stations authorized in the 12,200-12,700 MHz band as of September 9, 1983, are not available for new facilities.

(23) Frequencies in these bands are for the exclusive use of Common Carrier Fixed Point-to-Point Microwave Service (part 101).

(24) Frequencies in these bands are available for assignment to television pickup and television non-broadcast pickup stations. The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. Beginning March 1, 2005, no new LTTS operators will be licensed and no existing LTTS licenses shall be issued in the 11.7-12.2 and 14.2-14.4 GHz bands.

(25) Frequencies in these bands are available for assignment to television STL stations. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band.

(26) Frequencies from 21.8-22.0 GHz and 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the provisions of paragraph (s)(8) of this section.

(27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz bands are shared with Government fixed point-to-multipoint stations. Frequencies in these bands are paired with one another and are available for flexible use for transmission of the licensee's products and information services, excluding video entertainment material. 932.00625/941.00625 MHz to 932.24375/941.24375 MHz is licensed by Economic Area. 932.25625/941.25625 MHz to 932.49375/941.49375 MHz is licensed on a site-by-site basis.

(28) Licensees that obtain authorizations in the 928/952/956 MHz MAS bands subsequent to July 1, 1999 are limited to private internal services, as defined in § 101.1305. Incumbent operations in the 928/952/956 MHz MAS bands, as defined in § 101.1331(a), are subject to grandfather rights pursuant to § 101.1331. The 928.85-929.0 MHz and 959.85-960.0 MHz bands are licensed on a geographic area basis with no eligibility restrictions. The 928.0-928.85 MHz band paired with the 952.0-952.85 MHz band, in addition to unpaired frequencies in the 956.25-956.45 MHz band, are licensed on a site-by-site basis and used for terrestrial point-to-point and point-to-multipoint fixed and limited mobile operations. The 928.85-929.0 MHz band paired with the 959.85-960.0 MHz band is licensed by Economic Area and used for terrestrial point-to-point and point-to-multipoint fixed operations.

(29) Frequencies in this band are shared with stations in the Multipoint Distribution Service (part 21). These frequencies may be used for the transmission of the licensee's products and information services, excluding video entertainment material to the licensee's customers.

(30) The frequency band 18,580-19,300 GHz is not available for new licensees after June 8, 2000, except for low power indoor stations in the band 18,820-18,870 MHz and 19,160-19,210 MHz.

(31) This frequency band can be used for Multichannel Video Distribution and Data Service (MVDDS) shared with Direct Broadcast Satellite (DBS) Services on a co-primary non-harmful interference basis and on a co-primary basis with NGSO FSS satellite earth stations. Incumbent private operational fixed point-to-point licensees can also use these frequencies on a site by site basis.

(32) Frequencies in this band are shared with stations in the fixed-satellite service, subject to the conditions specified in footnote 15 of § 25.202(a)(1) of this chapter, see 47 CFR 47 25.202(a)(1) n.16.

(33) The coordination of a new 30 megahertz link in the 6,525-6,875 MHz band should be attempted only if it cannot be accommodated in the 5,925-6,425 MHz band.

(34) In the bands 6,875-7,125 MHz and 12,700-13,150 MHz, links shall not intersect with the service areas of television pickup stations.

(b) Frequencies normally available for assignment in this service are set forth with applicable limitations in the following tables: 928-960 MHz Multiple address system (MAS) frequencies are available for the point-to-multipoint and point-to-point transmission of a licensee's products or services, excluding video entertainment material, to a licensee's customer or for its own internal communications. The paired frequencies listed in this section are used for two-way communications between a master station and remote stations. Ancillary one-way communications on paired frequencies are permitted on a case-by-case basis. Ancillary communications between interrelated master stations are permitted on a secondary basis. The normal channel bandwidth assigned will be 12.5 kHz. EA licensees, however, may combine contiguous channels without limit or justification. Site-based licensees may combine contiguous channels up to 50 kHz, and more than 50 kHz only upon a showing of adequate justification. Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance with this section may be subdivided into narrower bandwidths to create additional (or sub) frequencies without the need to specify each discrete frequency within the specific bandwidth. Equipment that is used to create additional frequencies by narrowing bandwidth (whether authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be required to meet, at a minimum, the ±0.00015 percent tolerance requirement so that all subfrequencies will be within the emission mask. Systems licensed for frequencies in these MAS bands prior to August 1, 1975, may continue to operate as authorized until June 11, 1996, at which time they must comply with current MAS operations based on the 12.5 kHz channelization set forth in this paragraph. Systems licensed between August 1, 1975, and January 1, 1981, inclusive, are required to comply with the grandfathered 25 kHz standard bandwidth and channelization requirements set forth in this paragraph. Systems originally licensed after January 1, 1981, and on or before May 11, 1988, with bandwidths of 25 kHz and above, will be grandfathered indefinitely.

Note to paragraph (b) introductory text:

Paragraphs (b)(1) through (b)(5) and Tables 1 through 7 of this section pertain to Multiple Address System (MAS) frequencies and paragraph (b)(6) and Tables 8 through 11 of this section pertain to Point-To-Point frequencies.

(1) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing.

Table 1 - Paired Frequencies (MHz)

[12.5 kHz bandwidth]

Remote transmit Master transmit
928.00625 952.00625
928.01875 952.01875
928.03125 952.03125
928.04375 952.04375
928.05625 952.05625
928.06875 952.06875
928.08125 952.08125
928.09375 952.09375
928.10625 952.10625
928.11875 952.11875
928.13125 952.13125
928.14375 952.14375
928.15625 952.15625
928.16875 952.16875
928.18125 952.18125
928.19375 952.19375
928.20625 952.20625
928.21875 952.21875
928.23125 952.23125
928.24375 952.24375
928.25625 952.25625
928.26875 952.26875
928.28125 952.28125
928.29375 952.29375
928.30625 952.30625
928.31875 952.31875
928.33125 952.33125
928.34375 952.34375

Unpaired Frequencies (MHz)

[12.5 kHz bandwidth]

D D D
956.25625 956.33125 956.39375
956.26875 956.34375 956.40625
956.28125 956.35625 956.41875
956.29375 956.36875 956.43125
956.30625 956.38125 956.44375
956.31875

Table 2 - Paired Frequencies (MHz)

[25 kHz bandwidth]

Remote transmit Master transmit
928.0125 952.0125
928.0375 952.0375
928.0625 952.0625
928.0875 952.0875
928.1125 952.1125
928.1375 952.1375
928.1625 952.1625
928.1875 952.1875
928.2125 952.2125
928.2375 952.2375
928.2625 952.2625
928.2875 952.2875
928.3125 952.3125
928.3375 952.3375

Unpaired Frequencies (MHz)

[25 kHz bandwidth]

956.2625 956.3375 956.4125
956.2875 956.3625 956.4375
956.3125 956.3875

(2) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing.

Table 3 - Paired Frequencies (MHz)

[12.5 kHz bandwidth]

Remote transmit Master transmit
928.35625 952.35625
928.36875 928.36875
928.38125 952.38125
928.39375 952.39375
928.40625 952.40625
928.41875 952.41875
928.43125 952.43125
928.44375 952.44375
928.45625 952.45625
928.46875 952.46875
928.48125 952.48125
928.49375 952.49375
928.50625 952.50625
928.51875 952.51875
928.53125 952.53125
928.54375 952.54375
928.55625 952.55625
928.56875 952.56875
928.58125 952.58125
928.59375 952.59375
928.60625 952.60625
928.61875 952.61875
928.63125 952.63125
928.64375 952.64375
928.65625 952.65625
928.66875 952.66875
928.68125 952.68125
928.69375 952.69375
928.70625 952.70625
928.71875 952.71875
928.73125 952.73125
928.74375 952.74375
928.75625 952.75625
928.76875 952.76875
928.78125 952.78125
928.79375 952.79375
928.80625 952.80625
928.81875 952.81875
928.83125 952.83125
928.84375 952.84375

Table 4 - Paired Frequencies (MHz)

[25 kHz bandwidth]

Remote transmit Master transmit
928.3625 952.3625
928.3875 952.3875
928.4125 952.4125
928.4375 952.4375
928.4625 952.4625
928.4875 952.4875
928.5125 952.5125
928.5375 952.5375
928.5625 952.5625
928.5875 952.5875
928.6125 952.6125
928.6375 952.6375
928.6625 952.6625
928.6875 952.6875
928.7125 952.7125
928.7375 952.7375
928.7625 952.7625
928.7875 952.7875
928.8125 952.8125
928.8375 952.8375

(3) Frequencies listed in this paragraph are not restricted to private internal use and are licensed by geographic area. Incumbent facilities must be protected.

Table 5 - Paired Frequencies (MHz)

[12.5 kHz bandwidth]

Remote transmit Master transmit
928.85625 959.85625
928.86875 959.86875
928.88125 959.88125
928.89375 959.89375
928.90625 959.90625
928.91875 959.91875
928.93125 959.93125
928.94375 959.94375
928.95625 959.95625
928.96875 959.96875
928.98125 959.98125
928.99375 959.99375

Table 6 - Paired Frequencies (MHz)

[25 kHz bandwidth]

Remote transmit Master transmit
928.8625 959.8625
928.8875 959.8875
928.9125 959.9125
928.9375 959.9375
928.9625 959.9625
928.9875 959.9875

(4) Frequencies listed in this paragraph are licensed by either economic area or on a site-by-site basis.

Table 7 - Paired Frequencies

Remote transmit Master transmit
Licensed by Economic Area
(12.5 kHz bandwidth):
932.00625 941.00625
932.01875 941.01875
932.03125 941.03125
932.04375 941.04375
932.05625 941.05625
932.06875 941.06875
932.08125 941.08125
932.09375 941.09375
(50 kHz bandwidth):
932.12500 941.12500
(12.5 kHz bandwidth):
932.15625 941.15625
932.16875 941.16875
932.18125 941.18125
932.19375 941.19375
932.20625 941.20625
932.21875 941.21875
932.23125 941.23125
932.24375 941.24375
Reserved for public safety and private internal use. Licensed on site-by-site basis.
(12.5 kHz bandwidth):
932.25625 941.25625
932.26875 941.26875
932.28125 941.28125
932.29375 941.29375
932.30625 941.30625
932.31875 941.31875
932.33125 941.33125
932.34375 941.34375
932.35625 941.35625
932.36875 941.36875
932.38125 941.38125
932.39375 941.39375
932.40625 941.40625
932.41875 941.41875
932.43125 941.43125
Reserved for Public Safety and Federal Government Use. Licensed on site-by-site basis.
(12.5 kHz bandwidth):
932.44375 941.44375
932.45625 941.45625
932.46875 941.46875
932.48125 941.48125
932.49375 941.49375

(5) Equivalent power and antenna heights for multiple address master stations:

Antenna height (AAT) in meters Maximum effective radiated power
Watts dBm
Above 305 200 53
Above 274 to 305 250 54
Above 244 to 274 315 55
Above 213 to 244 400 56
Above 182 to 213 500 57
Above 152.5 to 182 630 58
152.5 and below 1,000 60

For mobile operations the maximum ERP is 25 watts (44 dBm).

(6) Fixed point-to-point frequencies.

Table 8 - Paired Frequencies

[All frequencies may be used by Common Carrier Fixed Point-to-Point and Private Operational Fixed Point-to-Point Microwave Service licensees; 25 kHz bandwidth]

Transmit (receive) (MHz) Receive (transmit) (MHz)
932.5125 941.5125
932.5375 941.5375
932.5625 941.5625
932.5875 941.5875
932.6125 941.6125
932.6375 941.6375
932.6625 941.6625
934.8375 943.8375
934.8625 943.8625
934.8875 943.8875
934.9125 943.9125
934.9375 943.9375
934.9625 943.9625
934.9875 943.9875

Table 9 - Paired Frequencies

[Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave Service licensees, unless otherwise noted; 50 kHz bandwidth]

Transmit (receive) (MHz) Receive (transmit) (MHz)
932.701 1 941.70
932.751 1 941.75
934.801 1 943.80
956.65 953.05
956.75 953.15
956.85 953.25
956.95 953.35
957.05 953.45
957.25 953.65
957.35 953.75
957.45 953.85
957.65 954.05
957.75 954.15
957.85 954.25
958.05 954.45
958.15 954.55
958.25 954.65
958.45 954.85
958.55 954.95
958.65 955.05
958.85 955.25
958.95 955.35
959.05 955.45
959.25 955.65
959.35 955.75
959.45 955.85
959.55 955.95
959.65 956.05

Table 10 - Paired Frequencies

[Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth]

Transmit (receive) (MHz) Receive (transmit) (MHz)
932.82501 1 941.8250
932.92501 1 941.9250
933.02501 1 942.0250
934.52501 1 943.5250
934.62501 1 943.6250
934.72501 1 943.7250
956.6 953.0
956.7 953.1
956.8 953.2
956.9 953.3
957.0 953.4
957.1 953.5
957.2 953.6
957.3 953.7
957.4 953.8
957.5 953.9
957.6 954.0
957.7 954.1
957.8 954.2
957.9 954.3
958.0 954.4
958.1 954.5
958.2 954.6
958.3 954.7
958.4 954.8
958.5 954.9
958.6 955.0
958.7 955.1
958.8 955.2
958.9 955.3
959.0 955.4
959.1 955.5
959.2 955.6
959.3 955.7
959.4 955.8
959.5 955.9
959.6 956.0
959.7 956.1

Table 11 - Paired Frequencies

[Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; (200 kHz bandwidth)]

Transmit (receive) (MHz) Receive (transmit) (MHz)
933.17501 1 942.1750
933.37501 1 942.3750
933.57501 1 942.5750
933.77501 1 942.7750
933.97501 1 942.9750
934.17501 1 943.1750
934.37501 1 943.3750
957.15 953.55
957.55 953.95
957.95 954.35
958.35 954.75
958.75 955.15
959.15 955.55

(c) 1850-1990 MHz. (1) 10 MHz maximum bandwidth.

Paired Frequencies

Transmit (receive) (MHz) Receive (transmit) (MHz)
1855 1935
1865 1945
1875 1955
1885 1965
1895 1975
1905 1985

Unpaired Frequencies

19151
19251

(2) 5 MHz maximum bandwidth.

Paired Frequencies

Transmit (receive) (MHz) Receive (transmit) (MHz)
1860 1940
1870 1950
1880 1960
1890 1970
1900 1980

(d) 2130-2150 MHz; 2180-2200 MHz. 800 kHz maximum bandwidth, unless noted.

Paired Frequencies

2130-2150 2180-2200
Transmit (receive) (MHz) Receive (transmit) (MHz)
2130.8 2180.8
2131.6 1 2181.6
2132.4 2182.4
2133.2 1 2183.2
2134.0 2184.0
2134.8 1 2184.8
2135.6 2185.6
2136.4 1 2186.4
2137.2 2187.2
2138.0 1 2188.0
2139.6 1 2189.6
2138.8 2188.8
2140.4 2190.4
2141.2 1 2191.2
2142.0 2192.0
2142.8 1 2192.8
2143.6 2193.6
2144.4 1 2194.4
2145.2 2195.2
2146.0 1 2196.0
2146.8 2196.8
2147.6 1 2197.6
2148.4 2198.4
2149.2 2199.2

(e) [Reserved]

(f) 2450-2500 MHz.

(1) This band is shared with other communications services and is not subject to protection from interference from industrial, scientific, and medical devices operating on 2450 MHz.

(2) Stations licensed in this band under this part prior to March 1, 1996, are grandfathered and may continue their authorized operations. Stations licensed in the 2483.5-2500 MHz portion of the band as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered, and may continue operations, subject only to license renewal, on a co-primary basis with with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations.

(3) 625 KHz bandwidth channels. The normal bandwidth authorized will be 625 KHz. Upon adequate justification, additional contiguous channels may be authorized to provide up to a 2500 KHz bandwidth.

Paired Frequencies

Transmit (receive) (MHz) Receive (transmit) (MHz)
2450.3125 2467.5625
2450.9375 2468.1875
2451.5625 2468.8125
2452.1875 2469.4375
2452.8125 2470.0625
2453.4375 2470.6875
2454.0625 2471.3125
2454.6875 2471.9375
2455.3125 2472.5625
2455.9375 2473.1875
2456.5625 2473.8125
2457.1875 2474.4375
2457.8125 2475.0625
2458.4375 2475.6875
2459.0625 2476.3125
2459.6875 2476.9375
2460.3125 2477.5625
2460.9375 2478.1875
2461.5625 2478.8125
2462.1875 2479.4375
2462.8125 2480.0625
2463.4375 2480.6875
2464.0625 2481.3125
2464.6875 2481.9375
2465.3125 2482.5625
2465.9375 2483.1875

(g) [Reserved]

(h) 3,700 to 4,200 MHz outside the contiguous United States. 20 MHz maximum authorized bandwidth.

20 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
3710 3750
3730 3770
3790 3830
3810 3850
3870 3910
3890 3930
3950 3990
3970 4010
4030 4070
4050 4090
4110 4150
4130 4170
N/A 1 4190

(i) 5,925 to 6,425 MHz. 60 MHz authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5925.225 6177.100
5925.625 6177.500
5926.050 6177.925
5926.450 6178.325
5926.875 6178.750
5927.275 6179.150
5927.725 6179.600
5928.125 6180.000
5928.550 6180.425
5928.950 6180.825
5929.375 6181.250
5929.775 6181.650
6168.350 6420.225
6168.750 6420.625
6169.175 6421.050
6169.575 6421.450
6170.000 6421.875
6170.400 6422.275
6170.850 6422.725
6171.250 6423.125
6171.675 6423.550
6172.075 6423.950
6172.500 6424.375
6172.900 6424.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5925.425 6177.300
5926.250 6178.125
5927.075 6178.950
5927.925 6179.800
5928.750 6180.625
5929.575 6181.450
6168.550 6420.425
6169.375 6421.250
6170.200 6422.075
6171.050 6422.925
6171.875 6423.750
6172.700 6424.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5925.625 6177.500
5926.875 6178.750
5928.125 6180.000
5929.375 6181.250
6108.893 6360.933
6110.128 6362.168
6111.364 6363.404
6112.599 6364.639
6113.834 6365.874
6115.070 6367.110
6116.305 6368.345
6117.541 6369.581
6118.776 6370.816
6120.011 6372.051
6121.247 6373.287
6122.482 6374.522
6123.718 6375.758
6124.953 6376.993
6126.189 6378.229
6127.424 6379.464
6128.659 6380.699
6129.895 6381.935
6131.130 6383.170
6132.366 6384.406
6133.601 6385.641
6134.836 6386.876
6136.072 6388.112
6137.307 6389.347
6138.543 6390.583
6139.778 6391.818
6141.014 6393.054
6142.249 6394.289
6143.484 6395.524
6144.720 6396.760
6145.955 6397.995
6147.191 6399.231
6148.426 6400.466
6149.661 6401.701
6150.897 6402.937
6152.132 6404.172
6153.368 6405.408
6154.603 6406.643
6155.839 6407.879
6157.074 6409.114
6158.309 6410.349
6159.545 6411.585
6160.780 6412.820
6162.016 6414.056
6163.251 6415.291
6164.486 6416.526
6165.722 6417.762
6166.957 6418.997
6168.750 6420.625
6170.000 6421.875
6171.250 6423.125
6172.500 6424.375
6173.7501 N/A
6175.0001 N/A
6176.2501 N/A

(4) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5926.250 6178.125
5928.750 6180.625
6109.510 6361.550
6111.981 6364.021
6114.452 6366.492
6116.923 6368.963
6119.394 6371.434
6121.865 6373.905
6124.335 6376.375
6126.806 6378.846
6129.277 6381.317
6131.748 6383.788
6134.219 6386.259
6136.690 6388.730
6139.160 6391.200
6141.631 6393.671
6144.102 6396.142
6146.573 6398.613
6149.044 6401.084
6151.515 6403.555
6153.985 6406.025
6156.456 6408.496
6158.927 6410.967
6161.398 6413.438
6163.869 6415.909
6166.340 6418.380
6169.375 6421.250
6171.875 6423.750
6175.6251 N/A

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6111.364 6363.404
6116.305 6368.345
6121.247 6373.287
6126.189 6378.229
6131.130 6383.170
6136.072 6388.112
6141.014 6393.054
6145.955 6397.995
6150.897 6402.937
6155.839 6407.879
6160.780 6412.820
6165.722 6417.762
6175.0001 N/A

(6) 5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6110.75 6362.79
6115.69 6367.73
6120.63 6372.67
6125.57 6377.61
6130.51 6382.55
6135.45 6387.49
6140.40 6392.44
6145.34 6397.38
6150.28 6402.32
6155.22 6407.26
6160.16 6412.20
6165.10 6417.14

(7) 10 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5935.32 6187.36
5945.20 6197.24
5955.08 6207.12
5964.97 6217.01
5974.85 6226.89
5984.73 6236.77
5994.62 6246.66
6004.50 6256.54
6014.38 6266.42
6024.27 6276.31
6034.15 6286.19
6044.03 6296.07
6053.92 6305.96
6063.80 6315.84
6073.68 6325.72
6083.57 6335.61
6093.45 6345.49
6103.33 6355.37
6113.221 1 6365.26
6123.101 1 6375.14
6132.981 1 6385.02
6142.871 1 6394.91
6152.751 1 6404.79
6162.631 1 6414.67

(8) 30 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
5945.20 6197.24
5974.85 6226.89
6004.50 6256.54
6034.15 6286.19
6063.80 6315.84
6093.45 6345.49
6123.101 1 6375.14
6152.751 1 6404.79

(9) 60 MHz bandwidth channels:1

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
5960.025 6212.065
6019.325 6271.365
6078.625 6330.665
6137.925 6389.965

(j) 6,425 to 6,525 MHz: Mobile. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of the Commission's Rules. Stations not intended to be operated while in motion will be licensed under the provision of § 101.31. The following channel plans apply.

(1) 1 MHz maximum authorized bandwidth channels:

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6425.5 6475.5
6450.5 6500.5

(2) 8 MHz maximum authorized bandwidth channels:

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6430.0 6480.0
6438.0 6488.0
6446.0 6496.0
6455.0 6505.0
6463.0 6513.0
6471.0 6521.0

(3) 25 MHz maximum authorized bandwidth channels:

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6437.5 6487.5
6462.5 6512.5

(k) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6525.225 6870.225
6525.625 6870.625
6526.050 6871.050
6526.450 6871.450
6526.875 6871.875
6527.275 6872.275
6527.725 6872.725
6528.125 6873.125
6528.550 6873.550
6528.950 6873.950
6529.375 6874.375
6529.775 6874.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6525.425 6870.425
6526.250 6871.250
6527.075 6872.075
6527.925 6872.925
6528.750 6873.750
6529.575 6874.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6525.625 6870.625
6526.875 6871.875
6528.125 6873.125
6529.375 6874.375
6540.6251 1 6718.125
6541.8751 1 6719.375
6543.1251 1 6713.125
6544.3751 1 6714.375
6545.6251 1 6715.625
6546.8751 1 6716.875
6548.125 6728.125
6549.375 6729.375
6550.625 6730.625
6551.875 6731.875
6553.1251 1 6723.125
6554.3751 1 6724.375
6555.6251 1 6725.625
6556.8751 1 6726.875
6558.125 6738.125
6559.375 6739.375
6560.625 6740.625
6561.875 6741.875
6563.125 6733.125
6564.375 6734.375
6565.625 6735.625
6566.875 6736.875
6568.1251 1 6720.625
6569.3751 1 6721.875
6580.6251 1 6868.125
6581.8751 1 6869.375
6583.125 6743.125
6584.375 6744.375
6585.625 6745.625
6586.875 6746.875
6588.125 6748.125
6589.375 6749.375
6590.625 6750.625
6591.875 6751.875
6593.125 6753.125
6594.375 6754.375
6595.625 6755.625
6596.875 6756.875
6598.125 6758.125
6599.375 6759.375
6600.625 6760.625
6601.875 6761.875
6603.125 6763.125
6604.375 6764.375
6605.625 6765.625
6606.875 6766.875
6608.125 6768.125
6609.375 6769.375
6610.625 6770.625
6611.875 6771.875
6613.125 6773.125
6614.375 6774.375
6615.625 6775.625
6616.875 6776.875
6618.125 6778.125
6619.375 6779.375
6620.625 6780.625
6621.875 6781.875
6623.125 6783.125
6624.375 6784.375
6625.625 6785.625
6626.875 6786.875
6628.125 6788.125
6629.375 6789.375
6630.625 6790.625
6631.875 6791.875
6633.125 6793.125
6634.375 6794.375
6635.625 6795.625
6636.875 6796.875
6638.125 6798.125
6639.375 6799.375
6640.625 6800.625
6641.875 6801.875
6643.125 6803.125
6644.375 6804.375
6645.625 6805.625
6646.875 6806.875
6648.125 6808.125
6649.375 6809.375
6650.625 6810.625
6651.875 6811.875
6653.125 6813.125
6654.375 6814.375
6655.625 6815.625
6656.875 6816.875
6658.125 6818.125
6659.375 6819.375
6660.625 6820.625
6661.875 6821.875
6663.125 6823.125
6664.375 6824.375
6665.625 6825.625
6666.875 6826.875
6668.125 6828.125
6669.375 6829.375
6670.625 6830.625
6671.875 6831.875
6673.125 6833.125
6674.375 6834.375
6675.625 6835.625
6676.875 6836.875
6678.125 6838.125
6679.375 6839.375
6680.625 6840.625
6681.875 6841.875
6683.125 6843.125
6684.375 6844.375
6685.625 6845.625
6686.875 6846.875
6688.125 6848.125
6689.375 6849.375
6690.625 6850.625
6691.875 6851.875
6693.125 6853.125
6694.375 6854.375
6695.625 6855.625
6696.875 6856.875
6698.125 6858.125
6699.375 6859.375
6700.625 6860.625
6701.875 6861.875
6703.125 6863.125
6704.375 6864.375
6705.625 6865.625
6706.875 6866.875
6708.1251 1 6710.625
6709.3751 1 6711.875

(4) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6526.25 6871.25
6528.75 6873.75
6541.251 1 6718.75
6543.751 1 6713.75
6546.251 1 6716.25
6548.75 6728.75
6551.25 6731.25
6553.751 1 6723.75
6556.251 1 6726.25
6558.75 6738.75
6561.25 6741.25
6563.75 6733.75
6566.25 6736.25
6568.751 1 6721.25
6581.251 1 6868.75
6583.75 6743.75
6586.25 6746.25
6588.75 6748.75
6591.25 6751.25
6593.75 6753.75
6596.25 6756.25
6598.75 6758.75
6601.25 6761.25
6603.75 6763.75
6606.25 6766.25
6608.75 6768.75
6611.25 6771.25
6613.75 6773.75
6616.25 6776.25
6618.75 6778.75
6621.25 6781.25
6623.75 6783.75
6626.25 6786.25
6628.75 6788.75
6631.25 6791.25
6633.75 6793.75
6636.25 6796.25
6638.75 6798.75
6641.25 6801.25
6643.75 6803.75
6646.25 6806.25
6648.75 6808.75
6651.25 6811.25
6653.75 6813.75
6656.25 6816.25
6658.75 6818.75
6661.25 6821.25
6663.75 6823.75
6666.25 6826.25
6668.75 6828.75
6671.25 6831.25
6673.75 6833.75
6676.25 6836.25
6678.75 6838.75
6681.25 6841.25
6683.75 6843.75
6686.25 6846.25
6688.75 6848.75
6691.25 6851.25
6693.75 6853.75
6696.25 6856.25
6698.75 6858.75
6701.25 6861.25
6703.75 6863.75
6706.25 6866.25
6708.751 1 6711.25

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6545.6251 6715.6251
6550.625 6730.625
6555.6251 6725.6251
6560.625 6740.625
6565.625 6735.625
6585.625 6745.625
6590.625 6750.625
6595.625 6755.625
6600.625 6760.625
6605.625 6765.625
6610.625 6770.625
6615.625 6775.625
6620.625 6780.625
6625.625 6785.625
6630.625 6790.625
6635.625 6795.625
6640.625 6800.625
6645.625 6805.625
6650.625 6810.625
6655.625 6815.625
6660.625 6820.625
6665.625 6825.625
6670.625 6830.625
6675.625 6835.625
6680.625 6840.625
6685.625 6845.625
6690.625 6850.625
6695.625 6855.625
6700.625 6860.625
6705.625 6865.625
6710.6251 1 6720.625

(6) 5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
65451 16715
6550 6730
65551 1 6725
6560 6740
6565 6735
6585 6745
6590 6750
6595 6755
6600 6760
6605 6765
6610 6770
6615 6775
6620 6780
6625 6785
6630 6790
6635 6795
6640 6800
6645 6805
6650 6810
6655 6815
6660 6820
6665 6825
6670 6830
6675 6835
6680 6840
6685 6845
6690 6850
6695 6855
6700 6860
6705 6865
67101 1 6720

(7) 10 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
65451 1 6715
65551 1 6725
6565 6735
6585 6745
6595 6755
6605 6765
6615 6775
6625 6785
6635 6795
6645 6805
6655 6815
6665 6825
6675 6835
6685 6845
6695 6855
6705 6865
65352 2 6575

(8) 30 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
6555 6725
6595 6755
6625 6785
6655 6815
6685 6845

(l) 6875 to 7125 MHz. 25 MHz authorized bandwidth.

(1) 5 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
6877.5 7027.5
6882.5 7032.5
6887.5 7037.5
6892.5 7042.5
6897.5 7047.5
6902.5 7052.5
6907.5 7057.5
6912.5 7062.5
6917.5 7067.5
6922.5 7072.5
6927.5 7077.5
6932.5 7082.5
6937.5 7087.5
6942.5 7092.5
6947.5 7097.5
6952.5 7102.5
6957.5 7107.5
6962.5 7112.5
6967.5 7117.5
6972.5 7122.5

(2) 8.33 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
6879.165 7029.165
6887.495 7037.495
6895.825 7045.825
6904.155 7054.155
6912.485 7062.485
6920.815 7070.815
6929.145 7079.145
6937.475 7087.475
6945.805 7095.805
6954.135 7104.135
6962.465 7112.465
6970.795 7120.795

(3) 12.5 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
6881.25 7031.25
6893.75 7043.75
6906.25 7056.25
6918.75 7068.75
6931.25 7081.25
6943.75 7093.75
6956.25 7106.25
6968.75 7118.75

(4) 25 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
6887.5 7037.5
6912.5 7062.5
6937.5 7087.5
6962.5 7112.5

(m) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth.

(1) 400 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10605.225 10670.225
10605.625 10670.625
10606.050 10671.050
10606.450 10671.450
10606.875 10671.875
10607.275 10672.275
10607.725 10672.725
10608.125 10673.125
10608.550 10673.550
10608.950 10673.950
10609.375 10674.375
10609.775 10674.775
10610.225 10675.225
10610.625 10675.625
10611.050 10676.050
10611.450 10676.450
10611.875 10676.875
10612.275 10677.275
10612.725 10677.725
10613.125 10678.125
10613.550 10678.550
10613.950 10678.950
10614.375 10679.375
10614.775 10679.775

(2) 800 kHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10605.425 10670.425
10606.250 10671.250
10607.075 10672.075
10607.925 10672.925
10608.750 10673.750
10609.575 10674.575
10610.425 10675.425
10611.250 10676.250
10612.075 10677.075
10612.925 10677.925
10613.750 10678.750
10614.575 10679.575

(3) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10550.625 10615.625
10551.875 10616.875
10553.125 10618.125
10554.375 10619.375
10555.625 10620.625
10556.875 10621.875
10558.125 10623.125
10559.375 10624.375
10560.625 10625.625
10561.875 10626.875
10563.125 10628.125
10564.375 10629.375
10565.625 10630.625
10566.875 10631.875
10568.125 10633.125
10569.375 10634.375
10570.625 10635.625
10571.875 10636.875
10573.125 10638.125
10574.375 10639.375
10575.625 10640.625
10576.875 10641.875
10578.125 10643.125
10579.375 10644.375
10580.625 10645.625
10581.875 10646.875
10583.125 10648.125
10584.375 10649.375
10585.625 10650.625
10586.875 10651.875
10588.125 10653.125
10589.375 10654.375
10590.625 10655.625
10591.875 10656.875
10593.125 10658.125
10594.375 10659.375
10595.625 10660.625
10596.875 10661.875
10598.125 10663.125
10599.375 10664.375
10600.625 10665.625
10601.875 10666.875
10603.125 10668.125
10604.375 10669.375
10605.625 10670.625
10606.875 10671.875
10608.125 10673.125
10609.375 10674.375
10610.625 10675.625
10611.875 10676.875
10613.125 10678.125
10614.375 10679.375

(4) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10551.25 10616.25
10553.75 10618.75
10556.25 10621.25
10558.75 10623.75
10561.25 10626.25
10563.75 10628.75
10566.25 10631.25
10568.75 10633.75
10571.25 10636.25
10573.75 10638.75
10576.25 10641.25
10578.75 10643.75
10581.251 1 10646.25
10583.751 1 10648.75
10586.251 1 10651.25
10588.751 1 10653.75
10591.251 1 10656.25
10593.751 1 10658.75
10596.251 1 10661.25
10598.751 1 10663.75
10601.251 1 10666.25
10603.751 1 10668.75
10606.251 1 10671.25
10608.751 1 10673.75
10611.251 1 10676.25
10613.751 1 10678.75

(5) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10553.125 10618.125
10558.125 10623.125
10563.125 10628.125
10568.125 10633.125
10573.125 10638.125
10578.125 10643.125
10583.125 10648.125
10588.125 10653.125
10593.125 10658.125
10598.125 10663.125
10603.125 10668.125

(6) 5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10552.5 10617.5
10557.5 10622.5
10562.5 10627.5
10567.51 1 10632.5
10572.51 1 10637.5
10577.51 1 10642.5
10582.51 1 10647.5
10587.5 10652.5
10592.5 10657.5
10597.5 10662.5
10602.5 10667.5

(n) Point-to-multipoint systems licensed, in operation, or applied for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted to use the DEMS frequencies noted above if they prior coordinate such usage with the necessary parties including 10 GHz point-to-point applicants and licensees. DEMS Nodal Stations shall use the band 10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-10,680 MHz.

(o) 10,700 to 11,700 MHz. 80 MHz authorized bandwidth.

(1) 1.25 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
11130.625 11620.625
11131.875 11621.875
11133.125 11623.125
11134.375 11624.375
11135.625 11625.625
11136.875 11626.875
11138.125 11628.125
11139.375 11629.375
11140.625 11630.625
11141.875 11631.875
11143.125 11633.125
11144.375 11634.375
11145.625 11635.625
11146.875 11636.875
11148.125 11638.125
11149.375 11639.375
11150.625 11640.625
11151.875 11641.875
11153.125 11643.125
11154.375 11644.375
11155.625 11645.625
11156.875 11646.875
11158.125 11648.125
11159.375 11649.375
11160.625 11650.625
11161.875 11651.875
11163.125 11653.125
11164.375 11654.375
11165.625 11655.625
11166.875 11656.875
11168.125 11658.125
11169.375 11659.375
11170.625 11660.625
11171.875 11661.875
11173.125 11663.125
11174.375 11664.375
11175.625 11665.625
11176.875 11666.875
11178.125 11668.125
11179.375 11669.375
11180.625 11680.625
11181.875 11681.875
11183.125 11683.125
11184.375 11684.375
11185.625 11685.625
11186.875 11686.875
11188.125 11688.125
11189.375 11689.375
11190.625 11690.625
11191.875 11691.875
11193.125 11693.125
11194.375 11694.375
11195.625 11695.625
11196.875 11696.875
11198.125 11698.125
11199.375 11699.375

(2) 2.5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
11131.25 11621.25
11133.75 11623.75
11136.25 11626.25
11138.75 11628.75
11141.25 11631.25
11143.75 11633.75
11146.25 11636.25
11148.75 11638.75
11151.25 11641.25
11153.75 11643.75
11156.25 11646.25
11158.75 11648.75
11161.25 11651.25
11163.75 11653.75
11166.25 11656.25
11168.75 11658.75
11171.25 11661.25
11173.75 11663.75
11176.25 11666.25
11178.75 11668.75
11181.25 11681.25
11183.75 11683.75
11186.25 11686.25
11188.75 11688.75
11191.25 11691.25
11193.75 11693.75
11196.25 11696.25
11198.75 11698.75

(3) 3.75 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
11133.125 11623.125
11138.125 11628.125
11143.125 11633.125
11148.125 11638.125
11153.125 11643.125
11158.125 11648.125
11163.125 11653.125
11168.125 11658.125
11173.125 11663.125
11178.125 11668.125
11183.125 11683.125
11188.125 11688.125
11193.125 11693.125
11198.125 11698.125

(4) 5 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
11132.5 11622.5
11137.5 11627.5
11142.5 11632.5
11147.5 11637.5
11152.5 11642.5
11157.5 11647.5
11162.5 11652.5
11167.5 11657.5
11172.5 11662.5
11177.5 11667.5
11182.5 11682.5
11187.5 11687.5
11192.5 11692.5
11197.5 11697.5

(5) 10 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10705 11205
10715 11215
107252 1 11675
10735 11225
10745 11235
10755 11245
10765 11255
10775 11265
10785 11275
10795 11285
10805 11295
10815 11305
10825 11315
10835 11325
10845 11335
10855 11345
10865 11355
10875 11365
10885 11375
10895 11385
10905 11395
10915 11405
10925 11415
10935 11425
10945 11435
10955 11445
10965 11455
10975 11465
10985 11475
10995 11485
11005 11495
11015 11505
11025 11515
11035 11525
11045 11535
11055 11545
11065 11555
11075 11565
11085 11575
11095 11585
11105 11595
11115 11605
11125 11615
111351 1 11625
111451 1 11635
111551 1 11645
111651 1 11655
111751 1 11665
111851 1 11685
111951 1 11695

(6) 30 MHz bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
10715 11215
10755 11245
10795 11285
10835 11325
10875 11365
10915 11405
10955 11445
10995 11485
11035 11525
11075 11565
11115 11605
111551 1 11645
111851 1 11685

(7) 40 MHz bandwidth channels:2

Transmit (receive) (MHz) Receive (transmit) (MHz)
10735 11225
10775 11265
10815 11305
10855 11345
10895 11385
10935 11425
10975 11465
11015 11505
11055 11545
11095 11585
111351 1 11625
111751 1 11665

(8) 80 MHz bandwidth channels:1

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
10755 11245
10835 11325
10915 11405
10995 11485
11075 11565
11155 11645

(p) 12,200 to 13,150 MHz -

(1) 12,000-12,700 MHz. The Commission has allocated the 12.2-12.7 GHz band for use by the Direct Broadcast Satellite Service (DBS), the Multichannel Video Distribution and Data Service (MVDDS), and the Non-Geostationary Satellite Orbit Fixed Satellite Service (NGSO FSS). MVDDS shall be licensed on a non-harmful interference co-primary basis to existing DBS operations and on a co-primary basis with NGSO FSS stations in this band. MVDDS use can be on a common carrier and/or non-common carrier basis and can use channels of any desired bandwidth up to the maximum of 500 MHz provided the EIRP does not exceed 14 dBm per 24 megahertz. Private operational fixed point-to-point microwave stations authorized after September 9, 1983, are licensed on a non-harmful interference basis to DBS and are required to make any and all adjustments necessary to prevent harmful interference to operating domestic DBS receivers. Incumbent public safety licensees shall be afforded protection from MVDDS and NGSO FSS licensees, however all other private operational fixed licensees shall be secondary to DBS, MVDDS and NGSO FSS licensees. As of May 23, 2002, the Commission no longer accepts applications for new licenses for point-to-point private operational fixed stations in this band, however, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter) thereto, renewals, transfer of control, or assignment of license. Notwithstanding any other provisions, no private operational fixed point-to-point microwave stations are permitted to cause harmful interference to broadcasting-satellite stations of other countries operating in accordance with the Region 2 plan for the Broadcasting-Satellite Service established at the 1983 WARC.

(2) 12,700 to 13,150 MHz. 50 MHz authorized bandwidth.

(i) 5 MHz channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
12702.5 12927.5
12707.5 12932.5
12712.5 12937.5
12717.5 12942.5
12722.5 12947.5
12727.5 12952.5
12732.5 12957.5
12737.5 12962.5
12742.5 12967.5
12747.5 12972.5
12752.5 12977.5
12757.5 12982.5
12762.5 12987.5
12767.5 12992.5
12772.5 12997.5
12777.5 13002.5
12782.5 13007.5
12787.5 13012.5
12792.5 13017.5
12797.5 13022.5
12802.5 13027.5
12807.5 13032.5
12812.5 13037.5
12817.5 13042.5
12822.5 13047.5
12827.5 13052.5
12832.5 13057.5
12837.5 13062.5
12842.5 13067.5
12847.5 13072.5
12852.5 13077.5
12857.5 13082.5
12862.5 13087.5
12867.5 13092.5
12872.5 13097.5
12877.5 13102.5
12882.5 13107.5
12887.5 13112.5
12892.5 13117.5
12897.5 13122.5
12902.5 13127.5
12907.5 13132.5
12912.5 13137.5
12917.5 13142.5
12922.5 13147.5

(ii) 8.33 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
12704.165 12929.165
12712.495 12937.495
12720.825 12945.825
12729.155 12954.155
12737.485 12962.485
12745.815 12970.815
12754.145 12979.145
12762.475 12987.475
12770.805 12995.805
12779.135 13004.135
12787.465 13012.465
12795.795 13020.795
12804.125 13029.125
12812.455 13037.455
12820.785 13045.785
12829.115 13054.115
12837.445 13062.445
12845.775 13070.775
12854.105 13079.105
12862.435 13087.435
12870.765 13095.765
12879.095 13104.095
12887.425 13112.425
12895.755 13120.755
12904.085 13129.085
12912.415 13137.415

(iii) 12.5 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
12706.25 12931.25
12718.75 12943.75
12731.25 12956.25
12743.75 12968.75
12756.25 12981.25
12768.75 12993.75
12781.25 13006.25
12793.75 13018.75
12806.25 13031.25
12818.75 13043.75
12831.25 13056.25
12843.75 13068.75
12856.25 13081.25
12868.75 13093.75
12881.25 13106.25
12893.75 13118.75
12906.25 13131.25
12918.75 13143.75

(iv) 25 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
12712.5 12937.5
12737.5 12962.5
12762.5 12987.5
12787.5 13012.5
12812.5 13037.5
12837.5 13062.5
12862.5 13087.5
12887.5 13112.5
12912.5 13137.5

(v) 50 MHz bandwidth channels:

Transmit
(receive)
(MHz)
Receive
(transmit)
(MHz)
12725 12950
12775 13000
12825 13050
12875 13100

(q) Special provisions for incumbent low power, limited coverage systems in the band segments 12.2-12.7 GHz.

(1) As of May 23, 2002, the Commission no longer accepts applications for new stations in this service and incumbent stations may remain in service provided they do not cause harmful interference to any other primary services licensed in this band as described in paragraph (p) of this section. However, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter) thereto, renewals, transfer of control, or assignment of license.

(2) Prior to December 8, 2000, notwithstanding any contrary provisions in this part, the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz, were authorized for low power, limited coverage systems subject to the following provisions:

(i) Maximum equivalent isotropically radiated power (EIRP) shall be 55 dBm;

(ii) The rated transmitter output power shall not exceed 0.5 watts;

(iii) Frequency tolerance shall be maintained to within 0.01 percent of the assigned frequency;

(iv) Maximum beamwidth shall not exceed 4 degrees. However, the sidelobe suppression criteria contained in § 101.115 shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply;

(v) Upon showing of need, a maximum bandwidth of 12 MHz may be authorized per frequency assigned;

(vi) Radio systems authorized under the provisions of this section shall have no more than three hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles);

(vii) Interfering signals at the receiver antenna terminals of stations authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals, and

(viii) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part.

(r) 17,700 to 19,700 and 24,250 to 25,250 MHz: Operation of stations using frequencies in these bands is permitted to the extent specified in this paragraph. Until November 19, 2012, stations operating in the band 18.3-18.58 GHz that were licensed or had applications pending before the Commission as of November 19, 2002 shall operate on a shared co-primary basis with other services under parts 21, 25, 74, and 78 of this chapter. Until October 31, 2011, operations in the band 19.26-19.3 GHz and low power systems operating pursuant to paragraph (r)(10) of this section shall operate on a co-primary basis. Until June 8, 2010, stations operating in the band 18.58-18.8 GHz that were licensed or had applications pending before the Commission as of June 8, 2000 may continue those operations on a shared co-primary basis with other services under parts 21, 25, 74, and 78 of this chapter. Until June 8, 2010, stations operating in the band 18.8-19.3 GHz that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations on a shared co-primary basis with other services under parts 21, 25, 74, and 78 of this chapter. After November 19, 2012, stations operating in the band 18.3-18.58 GHz are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After June 8, 2010, operations in the 18.58-19.30 GHz band are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After November 19, 2002, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.3-18.58 GHz band. After June 8, 2000, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.58-19.3 GHz band. Licensees, except 24 GHz band licensees, may use either a two-way link or one frequency of a frequency pair for a one-way link and must coordinate proposed operations pursuant to the procedures required in § 101.103 of this subpart. (Note, however, that stations authorized as of September 9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper application, continue to be authorized for such operations, consistent with the above conditions related to the 18.58-19.3 GHz band.) Applicants for one-way spectrum from 17.7-18.58 GHz for multichannel video programming distribution are governed by paragraph (r)(6) of this section. Licensees are also allowed to use one-way (unpaired) channels in the 17.7-17.74 GHz sub-band to pair with other channels in the FS portions of the 18 GHz band where, for example, the return pair is already in use and therefore blocked or in TDD systems. Stations used for MVPD operations in the 17.7-17.8 GHz band must coordinate with the Federal Government before operating in the zones specified in § 1.924(e) of this chapter.

(1) 1.25 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
17700.625 NA
17701.875 NA
17703.125 NA
17704.375 NA
17705.625 NA
17706.875 NA
17708.125 NA
17709.375 NA
17710.625 NA
17711.875 NA
17713.125 NA
17714.375 NA
17715.625 NA
17716.875 NA
17718.125 NA
17719.375 NA
17721.625 NA
17722.875 NA
17723.125 NA
17724.375 NA
17725.625 NA
17726.875 NA
17728.125 NA
17729.375 NA
17730.625 NA
17731.875 NA
17733.125 NA
17734.375 NA
17735.625 NA
17736.875 NA
17738.125 NA
17739.375 NA
18060.625 19620.625
18061.875 19621.875
18063.125 19623.125
18064.375 19624.375
18065.625 19625.625
18066.875 19626.875
18068.125 19628.125
18069.375 19629.375
18070.625 19630.625
18071.875 19631.875
18073.125 19633.125
18074.375 19634.375
18075.625 19635.625
18076.875 19636.875
18078.125 19638.125
18079.375 19639.375
18080.625 19640.625
18081.875 19641.875
18083.125 19643.125
18084.375 19644.375
18085.625 19645.625
18086.875 19646.875
18088.125 19648.125
18089.375 19649.375
18090.625 19650.625
18091.875 19651.875
18093.125 19653.125
18094.375 19654.375
18095.625 19655.625
18096.875 19656.875
18098.125 19658.125
18099.375 19659.375
18100.625 19660.625
18101.875 19661.875
18103.125 19663.125
18104.375 19664.375
18105.625 19665.625
18106.875 19666.875
18108.125 19668.125
18109.375 19669.375
18110.625 19670.625
18111.875 19671.875
18113.125 19673.125
18114.375 19674.375
18115.625 19675.625
18116.875 19676.875
18118.125 19678.125
18119.375 19679.375
18120.625 19680.625
18121.875 19681.875
18123.125 19683.125
18124.375 19684.375
18125.625 19685.625
18126.875 19686.875
18128.125 19688.125
18129.375 19689.375
18130.625 19690.625
18131.875 19691.875
18133.125 19693.125
18134.375 19694.375
18135.625 19695.625
18136.875 19696.875
18138.125 19698.125
18139.375 19699.375

(2) 2 Megahertz maximum authorized bandwidth channel:

Transmit (receive) (MHz) Receive (transmit) (MHz)
18141.0 N/A

(3) 2.5 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
17701.25 N/A
17703.75 N/A
17706.25 N/A
17708.75 N/A
17711.25 N/A
17713.75 N/A
17716.25 N/A
17718.75 N/A
17721.25 N/A
17723.75 N/A
17726.25 N/A
17728.75 N/A
17731.25 N/A
17733.75 N/A
17736.25 N/A
17738.75 N/A
18061.25 19621.25
18063.75 19623.75
18066.25 19626.25
18068.75 19628.75
18071.25 19631.25
18073.75 19633.75
18076.25 19636.25
18078.75 19638.75
18081.25 19641.25
18083.75 19643.75
18086.25 19646.25
18088.75 19648.75
18091.25 19651.25
18093.75 19653.75
18096.25 19656.25
18098.75 19658.75
18101.25 19661.25
18103.75 19663.75
18106.25 19666.25
18108.75 19668.75
18111.25 19671.25
18113.75 19673.75
18116.25 19676.25
18118.75 19678.75
18121.25 19681.25
18123.75 19683.75
18126.25 19686.25
18128.75 19688.75
18131.25 19691.25
18133.75 19693.75
18136.25 19696.25
18138.75 19698.75

(4) 5 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
340 Megahertz Separation (* channels are no longer available on a primary basis)
18762.5* 19102.5*
18767.5* 19107.5*
18772.5* 19112.5*
18777.5* 19117.5*
18782.5* 19122.5*
18787.5* 19127.5*
18792.5* 19132.5*
18797.5* 19137.5*
18802.5* 19142.5*
18807.5* 19147.5*
18812.5* 19152.5*
18817.5* 19157.5*

(5) 5 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive
(transmit)
(MHz)
1560 Megahertz Separation
17702.5 N/A
17707.5 N/A
17712.5 N/A
17717.5 N/A
17722.5 N/A
17727.5 N/A
17732.5 N/A
17737.5 N/A
18062.5 19622.5
18067.5 19627.5
18072.5 19632.5
18077.5 19637.5
18082.5 19642.5
18087.5 19647.5
18092.5 19652.5
18097.5 19657.5
18102.5 19662.5
18107.5 19667.5
18112.5 19672.5
18117.5 19677.5
18122.5 19682.5
18127.5 19687.5
18132.5 19692.5
18137.5 19697.5

(6) MVPD use: Multichannel video programming distributors (MVPDs) can use any size channels for one-way operations in the 17.7-18.58 GHz band for any permissible communications specified for this band in § 101.603 provided that they have coordinated the appropriate emission designators and power, but must request contiguous spectrum (minus spectrum that is already licensed or prior coordinated in the area and thus blocked). MVPD systems must meet the efficiency requirements of § 101.141. Spectrum at 18.3-18.58 GHz is only available for grandfathered stations. See § 101.85.

(7) 10 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels are no longer available on a primary basis)
17705.0 19265.0*
17715.0 19275.0*
17725.0 19285.0*
17735.0 19295.0*
17745.0 19305.0
17755.0 19315.0
17765.0 19325.0
17775.0 19335.0
17785.0 19345.0
17795.0 19355.0
17805.0 19365.0
17815.0 19375.0
17825.0 19385.0
17835.0 19395.0
17845.0 19405.0
17855.0 19415.0
17865.0 19425.0
17875.0 19435.0
17885.0 19445.0
17895.0 19455.0
17905.0 19465.0
17915.0 19475.0
17925.0 19485.0
17935.0 19495.0
17945.0 19505.0
17955.0 19515.0
17965.0 19525.0
17975.0 19535.0
17985.0 19545.0
17995.0 19555.0
18005.0 19565.0
18015.0 19575.0
18025.0 19585.0
18035.0 19595.0
18045.0 19605.0
18055.0 19615.0
18065.0 19625.0
18075.0 19635.0
18085.0 19645.0
18095.0 19655.0
18105.0 19665.0
18115.0 19675.0
18125.0 19685.0
18135.0 19695.0
340 Megahertz Separation
18585.0* 18925.0*
18595.0* 18935.0*
18605.0* 18945.0*
18615.0* 18955.0*
18625.0* 18965.0*
18635.0* 18975.0*
18645.0* 18985.0*
18655.0* 18995.0*
18665.0* 19005.0*
18675.0* 19015.0*
18685.0* 19025.0*
18695.0* 19035.0*
18705.0* 19045.0*
18715.0* 19055.0*
18725.0* 19065.0*
18735.0* 19075.0*
18745.0* 19085.0*
18755.0* 19095.0*
18765.0* 19105.0*
18775.0* 19115.0*
18785.0* 19125.0*
18795.0* 19135.0*
18805.0* 19145.0*
18815.0* 19155.0*

(8) 20 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels are no longer available on a primary basis)
17710.0 19270.0*
17730.0 19290.0*
17750.0 19310.0
17770.0 19330.0
17790.0 19350.0
17810.0 19370.0
17830.0 19390.0
17850.0 19410.0
17870.0 19430.0
17890.0 19450.0
17910.0 19470.0
17930.0 19490.0
17950.0 19510.0
17970.0 19530.0
17990.0 19550.0
18010.0 19570.0
18030.0 19590.0
18050.0 19610.0
18070.0 19630.0
18090.0 19650.0
18110.0 19670.0
18130.0 19690.0
340 Megahertz Separation
18590.0* 18930.0*
18610.0* 18950.0*
18630.0* 18970.0*
18650.0* 18990.0*
18670.0* 19010.0*
18690.0* 19030.0*
18710.0* 19050.0*
18730.0* 19070.0*
18750.0* 19090.0*
18770.0* 19110.0*
18790.0* 19130.0*
18810.0* 19150.0*

(9) 30 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
1560 Megahertz Separation
17715.0 N/A
17755.0 19315.0
17785.0 19345.0
17815.0 19375.0
17845.0 19405.0
17875.0 19435.0
17905.0 19465.0
17935.0 19495.0
17965.0 19525.0
17995.0 19555.0
18025.0 19585.0
18055.0 19615.0
18085.0 19645.0
18115.0 19675.0

(10) 40 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
1560 Megahertz Separation (* channels are no longer available on a primary basis)
17720.0 19280.0*
17760.0 19320.0
17800.0 19360.0
17840.0 19400.0
17880.0 19440.0
17920.0 19480.0
17960.0 19520.0
18000.0 19560.0
18040.0 19600.0
18080.0 19640.0
18120.0 19680.0

(11) 50 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive (transmit) (MHz)
1560 Megahertz Separation
17765.0 19325.0
17815.0 19375.0
17865.0 19425.0
17915.0 19475.0
17965.0 19525.0
18015.0 19575.0
18065.0 19625.0
18115.0 19675.0

(12) 80 Megahertz maximum authorized bandwidth channels:

Transmit (receive) (MHz) Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels are no longer available on a primary basis)
17740.0 19300.0*
17820.0 19380.0
17900.0 19460.0
17980.0 19540.0
18060.0 19620.0

(13) The following frequencies on channels 35-39 are available for point-to-multipoint systems and are available by geographic area licensing in the 24 GHz Service to be used as the licensee desires. The 24 GHz spectrum can be aggregated or disaggregated and does not have to be used in the transmit/receive manner shown except to comply with international agreements along the U.S. 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 § 101.509 of this subpart. Stations also must comply with international coordination agreements.

Channel No. Nodal station
frequency band
(MHz) limits
User station
frequency band
(MHz) limits
(* channels are no longer available on a 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*
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
36 24,290-24,330 25,090-25,130
37 24,330-24,370 25,130-25,170
38 24,370-24,410 25,170-25,210
39 24,410-24,450 25,210-25,250

(14) Special provision for low power systems in the 17,700-19,700 MHz band: Notwithstanding other provisions in 47 CFR part 101 and except for specified areas around Washington, DC, and Denver, Colorado, licensees of point-to-multipoint channel pairs 25-29 identified in paragraph (r)(13) of this section may continue to operate in accordance with the requirements of § 101.85 and may operate multiple low power transmitting devices within a defined service area. Operations are prohibited within 55 km when used outdoor and within 20 km when used indoor of the coordinates 38 deg.48′ N/76 deg.52′ W (Washington, DC area) and 39 deg.43′ N/104 deg.46′ W (Denver, Colorado area). The service area will be a 28 kilometer omni directional radius originating from specified center reference coordinates. The specified center coordinates must be no closer than 56 kilometers from any co-channel nodal station or the specified center coordinates of another co-channel system. Applicants/licensees do not need to specify the location of each individual transmitting device operating within their defined service areas. Such operations are subject to the following requirements on the low power transmitting devices:

(i) Power must not exceed one watt EIRP and 100 milliwatts transmitter output power;

(ii) A frequency tolerance of 0.001% must be maintained; and

(iii) The mean power of emissions shall be attenuated in accordance with the following schedule:

(A) In any 4 kHz band, the center frequency of which is removed from the center frequency of the assigned channel by more than 50 percent of the channel bandwidth and is within the bands 18,820-18,870 MHz or 19,160-19,210 MHz:

A = 35 + .003 (F−0.5B) dB

or,

80 dB (whichever is the lesser attenuation).

Where:

A = Attenuation (in decibels) below output power level contained within the channel for a given polarization.

B = Bandwidth of channel in kHz.

F = Absolute value of the difference between the center frequency of the 4 kHz band measured at the center frequency of the channel in kHz.

(B) In any 4 kHz band the center frequency of which is outside the bands 18.820-18.870 GHz: At least 43 + 10 log P (mean output power in watts) decibels.

(iv) Low power stations authorized in the band 18.8-19.3 GHz after June 8, 2000, are restricted to indoor use only. No new licenses will be authorized for applications received after April 1, 2002.

(s) 21,200 to 23,600 MHz: 50 MHz authorized bandwidth.

Transmit (receive) (MHz) Receive (transmit)
(MHz)
(1) 2.5 MHz bandwidth channels:
21601.25 22801.25
21603.75 22803.75
21606.25 22806.25
21608.75 22808.75
21611.25 22811.25
21613.75 22813.75
21616.25 22816.25
21618.75 22818.75
21621.25 22821.25
21623.75 22823.75
21626.25 22826.25
21628.75 22828.75
21631.25 22831.25
21633.75 22833.75
21636.25 22836.25
21638.75 22838.75
21641.25 22841.25
21643.75 22843.75
21646.25 22846.25
21648.75 22848.75
21651.25 22851.25
21653.75 22853.75
21656.25 22856.25
21658.75 22858.75
21661.25 22861.25
21663.75 22863.75
21666.25 22866.25
21668.75 22868.75
21671.25 22871.25
21673.75 22873.75
21676.25 22876.25
21678.75 22878.75
21681.25 22881.25
21683.75 22883.75
21686.25 22886.25
21688.75 22888.75
21691.25 22891.25
21693.75 22893.75
21696.25 22896.25
21698.75 22898.75
21701.25 22901.25
21703.75 22903.75
21706.25 22906.25
21708.75 22908.75
21711.25 22911.25
21713.75 22913.75
21716.25 22916.25
21718.75 22918.75
21721.25 22921.25
21723.75 22923.75
21726.25 22926.25
21728.75 22928.75
21731.25 22931.25
21733.75 22933.75
21736.25 22936.25
21738.75 22938.75
21741.25 22941.25
21743.75 22943.75
21746.25 22946.25
21748.75 22948.75
21751.25 22951.25
21753.75 22953.75
21756.25 22956.25
21758.75 22958.75
21761.25 22961.25
21763.75 22963.75
21766.25 22966.25
21768.75 22968.75
21771.25 22971.25
21773.75 22973.75
21776.25 22976.25
21778.75 22978.75
21781.25 22981.25
21783.75 22983.75
21786.25 22986.25
21788.75 22988.75
21791.25 22991.25
21793.75 22993.75
21796.25 22996.25
21798.75 22998.75
22301.25 23501.25
22303.75 23503.75
22306.25 23506.25
22308.75 23508.75
22311.25 23511.25
22313.75 23513.75
22316.25 23516.25
22318.75 23518.75
22321.25 23521.25
22323.75 23523.75
22326.25 23526.25
22328.75 23528.75
22331.25 23531.25
22333.75 23533.75
22336.25 23536.25
22338.75 23538.75
22341.25 23541.25
22343.75 23543.75
22346.25 23546.25
22348.75 23548.75
22351.25 23551.25
22353.75 23553.75
22356.25 23556.25
22358.75 23558.75
22361.25 23561.25
22363.75 23563.75
22366.25 23566.25
22368.75 23568.75
22371.25 23571.25
22373.75 23573.75
22376.25 23576.25
22378.75 23578.75
22381.25 23581.25
22383.75 23583.75
22386.25 23586.25
22388.75 23588.75
22391.25 23591.25
22393.75 23593.75
22396.25 23596.25
22398.75 23598.75
(2) 5 MHz bandwidth channels:
21602.5 22802.5
21607.5 22807.5
21612.5 22812.5
21617.5 22817.5
21622.5 22822.5
21627.5 22827.5
21632.5 22832.5
21637.5 22837.5
21642.5 22842.5
21647.5 22847.5
21652.5 22852.5
21657.5 22857.5
21662.5 22862.5
21667.5 22867.5
21672.5 22872.5
21677.5 22877.5
21682.5 22882.5
21687.5 22887.5
21692.5 22892.5
21697.5 22897.5
21702.5 22902.5
21707.5 22907.5
21712.5 22912.5
21717.5 22917.5
21722.5 22922.5
21727.5 22927.5
21732.5 22932.5
21737.5 22937.5
21742.5 22942.5
21747.5 22947.5
21752.5 22952.5
21757.5 22957.5
21762.5 22962.5
21767.5 22967.5
21772.5 22972.5
21777.5 22977.5
21782.5 22982.5
21787.5 22987.5
21792.5 22992.5
21797.5 22997.5
22302.5 23502.5
22307.5 23507.5
22312.5 23512.5
22317.5 23517.5
22322.5 23522.5
22327.5 23527.5
22332.5 23532.5
22337.5 23537.5
22342.5 23542.5
22347.5 23547.5
22352.5 23552.5
22357.5 23557.5
22362.5 23562.5
22367.5 23567.5
22372.5 23572.5
22377.5 23577.5
22382.5 23582.5
22387.5 23587.5
22392.5 23592.5
22397.5 23597.5
(3) 10 MHz bandwidth channels:
21205 22405
21215 22415
21225 22425
21235 22435
21245 22445
21255 22455
21265 22465
21275 22475
21285 22485
21295 22495
21305 22505
21315 22515
21325 22525
21335 22535
21345 22545
21355 22555
21365 22565
21375 22575
21385 22585
21395 22595
21405 22605
21415 22615
21425 22625
21435 22635
21445 22645
21455 22655
21465 22665
21475 22675
21485 22685
21495 22695
21505 22705
21515 22715
21525 22725
21535 22735
21545 22745
21555 22755
21565 22765
21575 22775
21585 22785
21595 22795
216051 1 22805
216151 1 22815
216251 1 22825
216351 1 22835
216451 1 22845
216551 1 22855
216651 1 22865
216751 1 22875
216851 1 22885
216951 1 22895
217051 1 22905
217151 1 22915
217251 1 22925
217351 1 22935
217451 1 22945
217551 1 22955
217651 1 22965
217751 1 22975
217851 1 22985
217951 1 22995
218052 2 23005
218152 2 23015
218252 2 23025
218352 2 23035
218452 2 23045
218552 2 23055
218652 2 23065
218752 2 23075
218852 2 23085
218952 2 23095
219052 2 23105
219152 2 23115
219252 2 23125
219352 2 23135
219452 2 23145
219552 2 23155
219652 2 23165
219752 2 23175
219852 2 23185
219952 2 23195
22005 23205
22015 23215
220252 232252
22035 23235
22045 23245
22055 23255
22065 23265
220752 232752
22085 23285
22095 23295
22105 23305
22115 23315
22125 23325
22135 23335
22145 23345
22155 23355
22165 23365
22175 23375
22185 23385
22195 23395
22205 23405
22215 23415
22225 23425
22235 23435
22245 23445
22255 23455
22265 23465
22275 23475
22285 23485
22295 23495
223051 1 23505
223151 1 23515
223251 1 23525
223351 1 23535
223451 1 23545
223551 1 23555
223651 1 23565
223751 1 23575
223851 1 23585
223951 1 23595
(4) 20 MHz bandwidth channels:
21210 22410
21230 22430
21260 22460
21280 22480
21310 22510
21330 22530
21360 22560
21380 22580
21410 22610
21430 22630
21460 22660
21480 22680
21510 22710
21530 22730
21560 22760
21580 22780
216101 1 22810
216301 1 22830
216601 1 22860
216801 1 22880
217101 1 22910
217301 1 22930
217601 1 22960
217801 1 22980
218102 2 23010
218302 2 23030
218602 2 23060
218802 2 23080
219102 2 23110
219302 2 23130
219602 2 23160
219802 2 23180
22010 23210
22030 23230
22060 23260
22080 23280
22110 23310
22130 23330
22160 23360
22180 23380
22210 23410
22230 23430
22260 23460
22280 23480
223101 1 23510
223301 1 23530
223601 1 23560
223801 1 23580
(5) 30 MHz bandwidth channels:
21235 22435
21285 22485
21335 22535
21385 22585
21435 22635
21485 22685
21535 22735
21585 22785
216351 1 22835
216851 1 22885
217351 1 22935
217851 1 22985
218352 2 23035
218852 2 23085
219352 2 23135
219852 2 23185
22035 23235
22085 23285
22135 23335
22185 23385
22235 23435
22285 23485
223351 1 23535
223851 1 23585
(6) 40 MHz bandwidth channels:
21220 22420
21270 22470
21320 22520
21370 22570
21420 22620
21470 22670
21520 22720
21570 22770
216201 1 22820
216701 1 22870
217201 1 22920
217701 1 22970
218202 2 23020
218702 2 23070
219202 2 23120
219702 2 23170
22020 23220
22070 23270
22120 23320
22170 23370
22220 23420
22270 23470
223201 1 23520
223701 1 23570
(7) 50 MHz bandwidth channels:
21225 22425
21275 22475
21325 22525
21375 22575
21425 22625
21475 22675
21525 22725
21575 22775
216251 1 22825
216751 1 22875
217251 1 22925
217751 1 22975
218252 2 23025
218752 2 23075
219252 2 23125
219752 2 23175
220252 232252
220752 232752
22125 23325
22175 23375
22225 23425
22275 23475
223251 1 23525
223751 123575

(8) Special provisions for low power, limited coverage systems in the 21.8-22.0 GHz and 23.0-23.2 GHz band segments. Notwithstanding any contrary provisions in this part, the frequency band segment 21.8-22.0 GHz paired with the frequency band segment 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the following provisions:

(i) The maximum EIRP shall be 55 dBm and the rated transmitter output power shall not exceed 0.100 Watts;

(ii) In the band segments from 21.8-22.0 GHz and 23.0-23.2 GHz, the frequency tolerance for stations authorized on or before April 1, 2005 is 0.05%. Existing licensees and pending applicants on that date may continue to operate after that date with a frequency tolerance of 0.05%, provided that it does not cause harmful interference to the operation of any other licensee. The frequency tolerance of § 101.107(a) shall apply to stations applied for after April 1, 2005;

(iii) The maximum beamwidth shall not exceed 4 degrees;

(iv) The sidelobe suppression criteria contained in § 101.115 of this part shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply;

(v) Upon showing of need, a maximum bandwidth of 50 MHz may be authorized per frequency assigned;

(vi) Radio systems authorized under the provisions of this section shall have no more than five hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles);

(vii) Interfering signals at the antenna terminals of station authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals; and

(viii) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part.

(t) 29,100-29,250; 31,000-31,300 MHz. These frequencies are available for LMDS systems. Each assignment will be made on a BTA service area basis, and the assigned spectrum may be subdivided as desired by the licensee.

(u) 31,000-31,300 MHz. Stations licensed in this band prior to March 11, 1997, may continue their authorized operations, subject to license renewal, on the condition that harmful interference will not be caused to LMDS operations licensed in this band after June 30, 1997. Non-LMDS stations licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected and subject to harmful interference from each other and from stations licensed prior to March 11, 1997, and are licensed on a secondary basis to LMDS. In the sub-bands 31,000-31,075 MHz and 31,225-31,300 MHz, stations initially licensed prior to March 11, 1997, except in LTTS, and LMDS operations authorized after June 30, 1997, are equally protected against harmful interference from each other in accordance with the provisions of § 101.103(b). For stations, except in LTTS, permitted to relocate to these sub-bands, the following paired frequencies are available:

Transmit (receive) (MHz) Receive (transmit) (MHz)
(1) 25 MHz Authorized Bandwidth Channels
31,012.5 31,237.5
31,037.5 31,262.5
31,062.5 31,287.5
(2) 75 MHz Authorized Bandwidth Channel
31,037.5 31,275.0
Note to (u):

These channels are assigned for use within a rectangular service area to be described in the application by the maximum and minimum latitudes and longitudes. Such service area must be as small as practical consistent with the local service requirements of the carrier. These frequency plans may be subdivided as desired by the licensee and used within the service area as desired without further authorization subject to the terms and conditions set forth in § 101.149. These frequencies may be assigned only where it is shown that the applicant will have reasonable projected requirements for a multiplicity of service points or transmission paths within the area.

(v) [Reserved]

(w) Fixed systems licensed, in operation, or applied for in the 3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700 MHz bands prior to July 15, 1993, are permitted to use channel plans in effect prior to that date, including adding channels under those plans.

(x) Operations on other than the listed frequencies may be authorized where it is shown that the objectives or requirements of the interference criteria prescribed in § 101.105 could not otherwise be met to resolve the interference problems.

(y) Special requirements for operations in the band 29.1-29.25 GHz.

(1)

(i) LMDS receive stations operating on frequencies in the 29.1-29.25 GHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO MSS licensee pursuant to paragraphs (c)(2) or (c)(3)(i) of this section (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes.

(ii) LMDS licensees operating on frequencies in the 29.1-29.25 GHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station.

(2) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to Section 25.257 shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (“MSAs”), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range.

(3)

(i) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the borders of the 100 largest MSAs.

(ii) For purposes of paragraph (c)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application.

(iii) If said non-GSO MSS licensee application is filed later than six months after certification to the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system.

(4) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29.1-29.25 GHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permitees or licensees meeting the criteria specified in § 25.257(a). Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under paragraph (c)(2) or (c)(3)(i) of this section. Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan.

(z) 71,000-76,000 MHz; 81,000-86,000 MHz; 92,000-94,000 MHz; 94,100-95,000 MHz.

(1) Those applicants who are approved in accordance with FCC Form 601 will each be granted a single, non-exclusive nationwide license. Site-by-site registration is on a first-come, first-served basis. Registration will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice, the implementation of a third-party database. See 47 CFR 101.1523. Links may not operate until NTIA approval is received. Licensees may use these bands for any point-to-point non-broadcast service.

(2) Prior links shall be protected using the interference protection criteria set forth in section 101.105. For transmitters employing digital modulation techniques and operating in the 71,000-76,000 MHz or 81,000-86,000 MHz bands, the licensee must construct a system that meets a minimum bit rate of 0.125 bits per second per Hertz of bandwidth. For transmitters that operate in the 92,000-94,000 MHz or 94,100-95,000 MHz bands, licensees must construct a system that meets a minimum bit rate of 1.0 bit per second per Hertz of bandwidth. If it is determined that a licensee has not met these loading requirements, then the database will be modified to limit coordination rights to the spectrum that is loaded and the licensee will lose protection rights on spectrum that has not been loaded.

[61 FR 26677, May 28, 1996]

§ 101.149 [Reserved]
§ 101.151 Use of signal boosters.

Private operational-fixed licensees authorized to operate multiple address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz bands may employ signal boosters at fixed locations in accordance with the following criteria:

(a) The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s). The booster will fill in only weak signal areas and cannot extend the system's normal signal coverage area.

(b) Class A narrowband signal boosters must be equipped with automatic gain control circuitry which will limit the total effective radiated power (ERP) of the unit to a maximum of 5 watts under all conditions. Class B broadband signal boosters are limited to 5 watts ERP for each authorized frequency that the booster is designed to amplify.

(c) Class A narrowband boosters must meet the out-of-band emission limits of § 101.111 for each narrowband channel that the booster is designed to amplify. Class B broadband signal boosters must meet the emission limits of § 101.111 for frequencies outside of the booster's design passband.

(d) Class B broadband signal boosters are permitted to be used only in confined or indoor areas such as buildings, tunnels, underground areas, etc., or remote areas, i.e., areas where there is little or no risk of interference to other users.

(e) The licensee is given authority to operate signal boosters without separate authorization from the Commission. Certificated equipment must be employed and the licensee must ensure that all applicable rule requirements are met.

(f) Licensees employing either Class A narrowband or Class B broadband signal boosters as defined in § 101.3 are responsible for correcting any harmful interference that the equipment may cause to other systems.

[61 FR 31052, June 19, 1996, as amended at 63 FR 36611, July 7, 1998]

Subpart D - Operational Requirements
§ 101.201 Station inspection.

The licensee of each station authorized in the radio services included in this part must make the station available for inspection by representatives of the Commission at any reasonable hour.

§ 101.203 Communications concerning safety of life and property.

(a) Handling and transmission of messages concerning the safety of life or property which is in imminent danger must be afforded priority over other messages.

(b) No person may knowingly cause to be transmitted any false or fraudulent message concerning the safety of life or property, or refuse upon demand immediately to relinquish the use of a radio circuit to enable the transmission of messages concerning the safety of life or property which is in imminent danger, or knowingly interfere or otherwise obstruct the transmission of such messages.

§ 101.205 Operation during emergency.

The licensee of any station in these services may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in a manner other than that specified in the instrument of authorization: Provided:

(a) That as soon as possible after the beginning of such emergency use, notice be sent to the Commission stating the nature of the emergency and the use to which the station is being put;

(b) That the emergency use of the station must be discontinued as soon as substantially normal communication facilities are again available;

(c) That the Commission must be notified immediately when such special use of the station is terminated;

(d) That, in no event, will any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law; and

(e) That the Commission may, at any time, order the discontinuance of any such emergency communication.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68983, Dec. 14, 1998]

§ 101.207 Suspension of transmission.

Transmission must be suspended immediately upon detection by the station or operator licensee or upon notification by the Commission of a deviation from the technical requirements of the station authorization and must remain suspended until such deviation is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended immediately after the emergency is terminated.

§ 101.209 Operation of stations at temporary fixed locations for communication between the United States and Canada or Mexico.

Stations authorized to operate at temporary fixed locations may not be used for transmissions between the United States and Canada, or the United States and Mexico, without prior specific notification to, and authorization from, the Commission. Notification of such intended usage of the facilities should include a detailed showing of the operation proposed, including the parties involved, the nature of the communications to be handled, the terms and conditions of such operations, the time and place of operation, such other matters as the applicant deems relevant, and a showing as to how the public interest, convenience and necessity would be served by the proposed operation. Such notification should be given sufficiently in advance of the proposed date of operation to permit any appropriate correlation with the respective foreign government involved (see §§ 101.31, 101.811, 101.813, and 101.815).

§ 101.211 Operator requirements.

(a) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications in accordance with the conditions and limitations set forth in § 101.135.

(b) The station licensee is responsible for the proper operation of the station at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation.

(c) The provisions of paragraph (a) of this section may not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof) in accordance with the terms of the licenses of those stations.

§ 101.213 Station identification.

Stations in these services are exempt from the requirement to identify transmissions by call sign or any other station identifier.

§ 101.215 Posting of station authorization and transmitter identification cards, plates, or signs.

(a) Each licensee shall post at the station the name, address and telephone number of the custodian of the station license or other authorization if such license or authorization is not maintained at the station.

(b) The requirements in paragraph (a) of this section do not apply to remote stations using frequencies listed in § 101.147(b).

§ 101.217 Station records.

Each licensee of a station subject to this part shall maintain records in accordance with the following:

(a) For all stations, the results and dates of transmitter measurements and the name of the person or persons making the measurements;

(b) For all stations, when service or maintenance duties are performed, which may affect their proper operation, the responsible operator shall sign and date an entry in the station record concerned, giving:

(1) Pertinent details of all transmitter adjustments performed by him or under his supervision; and

(2) His name and address, provided that this information, so long as it remains unchanged, is not required to be repeated in the case of a person who is regularly employed as operator on a full-time basis at the station.

(c) The records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record.

(d) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded.

(e) No record or portion thereof shall be erased, obliterated, or willfully destroyed within the required retention period. Any necessary correction may be made only by the person originating the entry, who shall strike out the erroneous portion, initial the correction made and indicate the date of correction.

(f) Records required by this part shall be retained by the licensee for a period of at least one year.

Subpart E - Miscellaneous Common Carrier Provisions
§ 101.301 National defense; free service.

Any common carrier authorized under the rules of this part may render to any agency of the United States Government free service in connection with the preparation for the national defense. Every such carrier rendering any such free service must make and file, in duplicate, with the Commission, on or before the 31st of July and on or before the 31st day of January in each year, reports covering the periods of 6 months ending on the 30th of June and the 31st of December, respectively, next prior to said dates. These reports must show the names of the agencies to which free service was rendered pursuant to this rule, the general character of the communications handled for each agency, and the charges in dollars which would have accrued to the carrier for such service rendered to each agency if charges for such communications had been collected at the published tariff rates.

§ 101.303 Answers to notices of violation.

Any person receiving official notice of a violation of the terms of the Communications Act of 1934, as amended, any other Federal statute or Executive Order pertaining to radio or wire communications or any international radio or wire communications treaty or convention, or regulations annexed thereto to which the United States is a party, or the rules and regulations of the Federal Communications Commission, must, within 10 days from such receipt, send a written answer to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and may not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer must state fully what steps have been taken to prevent future violations, and, if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application must be given or, if a file number has not been assigned by the Commission, such identification as will permit ready reference thereto. If the notice of violation relates to inadequate maintenance resulting in improper operation of the transmitter, the name and license number of the operator performing the maintenance must be given. If the notice of violation relates to some lack of attention to, or improper operation of, the transmitter by other employees, the reply must enumerate the steps taken to prevent a recurrence of such lack of attention or improper operation.

§ 101.305 Discontinuance, reduction or impairment of service.

(a) If the public communication service provided by a station in the Common Carrier Radio Services, the Local Multipoint Distribution Service or 24 GHz Service is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee must promptly notify the Commission. In every such case, the licensee must furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof must be given Commission.

(b) No station licensee subject to title II of the Communications Act of 1934, as amended, may voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter. In the event that permanent discontinuance of service is authorized by the Commission, the station license is terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from common carrier to non-common carrier pursuant to § 1.929 of this chapter.

(c) Any licensee not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community must notify the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station license is automatically terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from non-common carrier to common carrier pursuant to § 1.929 of this chapter.

(d) If any common carrier radio frequency should not be used to render any service as authorized during a consecutive period of twelve months at any time after construction is completed under circumstances that do not fall within the provisions of paragraph (a), (b), or (c) of this section, or, if removal of equipment or facilities has rendered the station not operational, the licensee must, within thirty days of the end of such period of nonuse:

(1) Cancel the station license (or licenses); or

(2) File an application for modification of the license (or licenses) to delete the unused frequency (or frequencies); or

(3) Request waiver of this rule and demonstrate either that the frequency will be used (as evidenced by appropriate requests for service, etc.) within six months of the end of the initial period of nonuse, or that the frequency will be converted to allow rendition of other authorized public services within one year of the end of the initial period of nonuse by the filing of appropriate applications within six months of the end of the period of nonuse.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23168, Apr. 29, 1997; 63 FR 68983, Dec. 14, 1998; 65 FR 59359, Oct. 5, 2000]

§ 101.307 Tariffs, reports, and other material required to be submitted to the Commission.

Sections 1.771 through 1.815 of this chapter contain summaries of certain materials and reports, including schedule of charges and accounting and financial reports, which, when applicable, must be filed with the Commission.

§ 101.309 Requirement that licensees respond to official communications.

All licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure to do so will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in appropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations.

§ 101.311 Equal employment opportunities.

Equal opportunities in employment must be afforded by all common carrier licensees and all Local Multipoint Distribution Service and 24 GHz Service licensees in accordance with the provisions of § 21.307 of this chapter.

[65 FR 59359, Oct. 5, 2000]

Subpart F [Reserved]
Subpart G - 24 GHz Service and Digital Electronic Message Service
§ 101.501 Eligibility.

See § 101.147(n) for licensing of DEMS facilities in the 10.6 GHz band. Applications for new facilities using the 18 GHz band are no longer being accepted. Any entity, other than one precluded by § 101.7, is eligible for authorization to provide 24 GHz Service under this subpart.

[65 FR 59359, Oct. 5, 2000]

§ 101.503 Digital Electronic Message Service Nodal Stations.

10.6 GHz DEMS Nodal Stations may be authorized only as a part of an integrated communication system wherein 10.6 GHz DEMS User Stations associated therewith also are licensed to the 10.6 GHz DEMS Nodal Station licensee. Applications for 10.6 GHz DEMS Nodal Station licenses should specify the maximum number of 10.6 GHz DEMS User Stations to be served by that nodal station. Any increase in that number must be applied for pursuant to § 1.913 of this chapter.

[65 FR 59359, Oct. 5, 2000]

§ 101.505 Frequencies.

Frequencies, and the conditions on which they are available, for DEMS operations are contained in this subpart as well as in § 101.147(m), (n), and (r)(9).

[65 FR 59359, Oct. 5, 2000]

§ 101.507 Frequency stability.

The frequency stability in the 10,550-10,680 MHz band must be ±0.0001% for each DEMS Nodal Station transmitter and ±0.0003% for each DEMS User Station transmitter. The frequency stability in the 24,250-25,250 MHz bands must be ±0.001% for each Nodal Station transmitter and ±0.003% for each User Station transmitter.

[68 FR 4961, Jan. 31, 2003]

§ 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 resolve whatever potential interference and transmission security problems may be present in adjacent and co-channel operations.

(b) All harmful interference to other users of co-channel and adjacent channel use in the same or adjacent geographical area are prohibited. In areas where Economic Areas are in close proximity, careful consideration should be given to minimum power requirements and to the location, height, and radiation pattern of the transmitting and receiving antennas. Licensees are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission.

(c) Licensee shall coordinate their facilities whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area. Licensees are encouraged to develop operational agreements with relevant licensees in the same or adjacent areas. Incumbent SMSA licensee(s) shall retain exclusive rights to its channel(s) within its SMSA and must be protected.

(d) Licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the 24 GHz bands which may require using channels pairs in accordance with the table in § 101.147(r)(9).

(e) The Commission recommends that coordination is not necessary if the power flux density (pfd) at the boundary of the relevant adjacent area is lower than −114 dBW/m2 in any 1 MHz. This value can be changed and agreed upon by both coordinating parties. Licensees should be able to deploy with a pfd up to −94 dBW/m2 in any 1 MHz at the boundary of the relevant adjacent area without negatively affecting the successful operations of the adjacent area licensee.

[65 FR 59360, Oct. 5, 2000]

§ 101.511 Permissible services.

(a) Authorizations for stations in the 24 GHz Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization.

(b) Stations may render any kind of digital communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis.

(c) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service.

[65 FR 59360, Oct. 5, 2000]

§ 101.513 Transmitter power.

The transmitter power will be governed by § 101.113. Further, each application must contain an analysis demonstrating compliance with § 101.113(a).

§ 101.515 Emissions and bandwidth.

Different types of emissions may be authorized if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the bandwidth desired is no wider than needed to provide the intended service. In no event, however, may the necessary or occupied bandwidth exceed the specified channel width of the assigned pair.

§ 101.517 Antennas.

(a) Transmitting antennas may be omnidirectional or directional, consistent with coverage and interference requirements.

(b) The use of horizontal or vertical plane wave polarization, or right hand or left hand rotating elliptical polarization must be used to minimize harmful interference between stations.

(c) Directive antennas must be used at all DEMS User Stations and may be elevated no higher than necessary to assure adequate service. Antenna structures requiring FAA notification under part 17 of this chapter must be registered with the Commission. The structure owner is responsible for registering, painting, and lighting the structure if applicable. Requests for such authorization must show the inclusive dates of the proposed operation.

§ 101.519 Interconnection.

(a) All DEMS licensees must make available to the public all information necessary to allow the manufacture of user equipment that will be compatible with the licensee's network.

(b) All DEMS licensees must make available to the public all information necessary to allow interconnection of DEMS networks.

§ 101.521 Spectrum utilization.

All applicants for DEMS frequencies in the 10.6 GHz band must submit as part of the original application a detailed plan indicating how the bandwidth requested will be utilized. In particular the application must contain detailed descriptions of the modulation method, the channel time sharing method, any error detecting and/or correcting codes, any spatial frequency reuse system and the total data throughput capacity in each of the links in the system. Further, the application must include a separate analysis of the spectral efficiency including both information bits per unit bandwidth and the total bits per unit bandwidth.

[65 FR 59360, Oct. 5, 2000]

§ 101.523 Service areas.

(a) The service areas for 24 GHz are Economic Areas (EAs) as defined in this paragraph (a). The Bureau of Economic Analysis, U.S. Department of Commerce, organized the 50 States and the District of Columbia into 172 EAs. See 60 FR 13114 (March 10, 1995). Additionally, there are four FCC-created EA-like areas:

(1) Guam and Northern Mariana Islands;

(2) Puerto Rico and the U.S. Virgin Islands;

(3) American Samoa, and

(4) The Gulf of Mexico. The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. See 62 FR 9636 (March 3, 1997), in which the Commission created an additional four economic area-like areas for a total of 176 EA service areas. Maps of the EAs and the Federal Register Notice that established the 172 Economic Areas (EAs) are available for public inspection and copying at the Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a). These maps and data are also available on the FCC Web site at www.fcc.gov/oet/info/maps/areas/.

(b) Where an incumbent SMSA license area in the 24 GHz band occupies only a portion of an EA available for application under the competitive bidding rules, the SMSA portion will be excluded from auction and the incumbent licensee will retain the exclusive right to those channels within the SMSA.

[65 FR 59360, Oct. 5, 2000, as amended at 69 FR 44608, July 27, 2004; 85 FR 64411, Oct. 13, 2020]

§ 101.525 24 GHz system operations.

(a) A licensee using the 24 GHz band may construct and operate any number of fixed stations anywhere within the area authorized to serve without prior authorization, except as follows:

(1) A station would be required to be individually licensed if:

(i) International agreements require coordination;

(ii) Submission of an Environmental Assessment is required under § 1.1307 of this chapter;

(iii) The station would affect areas identified in § 1.924 of this chapter.

(2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter.

(b) Whenever a licensee constructs or makes system changes as described in paragraph (a)(1) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station.

[65 FR 59360, Oct. 5, 2000, as amended at 69 FR 17959, Apr. 6, 2004]

§ 101.526 License term.

The license term for stations licensed under this subpart is ten years from the date of license grant or license renewal for incumbent licensees.

[65 FR 59360, Oct. 5, 2000]

§ 101.527 Construction requirements for 24 GHz operations.

(a) Each licensee must make a showing of “substantial service” within ten years of its license grant. “Substantial service” is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. Until January 1, 2023, “substantial service” assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter.

(b) Until January 1, 2023, each licensee must, at a minimum file:

(1) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served to the Commission. The report must also contain a description of the licensees' investments in its operations. The report must be labeled as an attachment to the renewal application; and

(2) Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and a list of any pending proceedings that relate to any matter described in this paragraph (b)(2).

(c) Failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license, and the licensee will be unable to regain it.

(d) The frequencies associated with incumbent authorizations, licensed on a SMSA basis, that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee.

[65 FR 59360, Oct. 5, 2000, as amended at 82 FR 41549, Sept. 1, 2017]

§ 101.531 [Reserved]
§ 101.533 Regulatory status.

(a) Initial applications. An applicant for a 24 GHz license must specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis.

(b) Amendment of pending applications. Any pending application may be amended to:

(1) Change the carrier status requested; or

(2) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license.

(c) Modification of license. A licensee may modify a license to:

(1) Change the carrier status authorized; or

(2) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license.

[65 FR 59361, Oct. 5, 2000]

§ 101.535 Geographic partitioning and spectrum aggregation/disaggregation.

(a) Eligibility. (1) 24 GHz licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. 24 GHz licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license.

(2) Any existing frequency coordination agreements shall convey with the assignment of the geographic area or spectrum, and shall remain in effect unless new agreements are reached.

(b) Technical standards -

(1) Aggregation. There is no limitation on the amount of spectrum that a 24 GHz licensee may aggregate.

(2) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83).

(3) Disaggregation. Spectrum may be disaggregated in any amount. A licensee need not retain a minimum amount of spectrum.

(4) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.

(c) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.526.

[65 FR 59361, Oct. 5, 2000, as amended at 67 FR 46379, July 9, 2002; 82 FR 41549, Sept. 1, 2017]

§ 101.537 24 GHz band subject to competitive bidding.

Mutually exclusive initial applications for 24 GHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart.

[67 FR 46379, July 9, 2002]

§ 101.538 Designated entities.

(a) Eligibility for small business provisions.

(1) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years.

(2) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years.

(3) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years.

(b) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.

[65 FR 59361, Oct. 5, 2000, as amended at 67 FR 46379, July 9, 2002; 68 FR 43002, July 21, 2003]

Subpart H - Private Operational Fixed Point-to-Point Microwave Service
§ 101.601 Eligibility.

Any person, or any governmental entity or agency, eligible for licensing in a radio service or pool under part 80, 87, or 90 of this chapter or any person proposing to provide communications service to such persons, governmental entities or agencies is eligible to hold a license under this subpart. This subpart shall not apply to stations offering MVDDS in the 12.2-12.7 GHz band.

[62 FR 18936, Apr. 17, 1997, as amended at 67 FR 43040, June 26, 2002]

§ 101.603 Permissible communications.

(a) Except as provided in paragraph (b) of this section, stations in this radio service may transmit communications as follows:

(1) On frequencies below 21,200 MHz, licensees may transmit their own communications, including the transmission of their products and information services, to their customers except that the distribution of video entertainment material to customers is permitted only as indicated in § 101.101 and paragraph (a)(2) of this section.

(2) In the frequency bands 6425-6525 MHz, 17,700-18,580 MHz, and on frequencies above 21,200 MHz, licensees may deliver any of their own products and services to any receiving location;

(3) Licensees may transmit the communications of their parent corporation, or of another subsidiary of the same parent, or their own subsidiary where the party to be served is regularly engaged in any of the activities that constitute the basis for eligibility to use the frequencies assigned;

(4) Licensees may transmit the communications of other parties in accordance with § 101.135;

(5) Licensees may transmit emergency communications unrelated to their activities in accordance with § 101.205;

(6) Licensees may transmit communications on a commercial basis to eligible users, among different premises of a single eligible user, or from one eligible user to another as part of transmissions by Digital Electronic Message Service systems on the frequencies provided for this purpose;

(7) Licensees may transmit program material from one location to another;

(b) Stations licensed in this radio service shall not:

(1) Render a common carrier service of any kind. However, licensees are allowed to lease excess capacity to common carriers. In addition, Specialized Mobile Radio (SMR) licensees reclassified by the Commission as Commercial Mobile Radio Services (CMRS), that were formerly private land mobile radio service providers, may continue to utilize private operational fixed microwave systems licensed prior to April 1, 2003 for their land mobile connecting facilities.

(2) Transmit program material for use in connection with broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of this section; and/or

(3) Be used to provide the final RF link in the chain of transmission of program material to multichannel video programming distributors, except in the frequency bands 6425-6525 MHz and 17,700-18,580 MHz and on frequencies above 21,200 MHz.

[61 FR 26677, May 28, 1996, as amended at 68 FR 4961, Jan. 31, 2003; 71 FR 69052, Nov. 29, 2006; 76 FR 59574, Sept. 27, 2011]

Subpart I - Common Carrier Fixed Point-to-Point Microwave Service
§ 101.701 Eligibility.

(a) Authorizations for stations in this service will be issued to existing and proposed common carriers. Applications will be granted only in cases in which it is shown that:

(1) The applicant is legally, technically, financially and otherwise qualified to render the proposed service;

(2) There are frequencies available to enable the applicant to render a satisfactory service; and

(3) The public interest, convenience, and necessity would be served by a grant thereof.

(b) If the content is originated, selected, controlled, or otherwise substantively influenced by the applicant, licensee, or a closely affiliated entity, no station or radio frequency in this service will be authorized, or may be utilized, to transmit any closed circuit television signals or television signals other than broadcast television signals, unless:

(1) Such service is otherwise permitted for a specific length of time by grant of an acceptable petition for waiver of this rule; or

(2) Such service is otherwise permitted by a condition in the applicable instrument of authorization; or

(3) Such service is provided pursuant to applicable FCC tariff and is temporary and occasional intra-company television communication for management, network supervision, or other internal carrier functions. For purposes of this paragraph, an entity will be considered to be “closely affiliated” with an applicant if it is in a parent-subsidiary relationship, or both are commonly controlled, or they have any common officers or management employees.

(c) Applications for stations or frequencies that will be used primarily to relay broadcast television signals must include a certification that at least fifty percent of the customers (or points of service) on the microwave system involved, including those served through an interconnecting carrier(s), receiving applicant's service, will not be related or affiliated in any degree with the applicant, and that the proposed usage by such customers, in terms of hours of use and channels delivered, must constitute at least fifty percent of the usage of the applicant's microwave service. Applications that do not contain these certifications will be returned as unacceptable for filing.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68983, Dec. 14, 1998]

§ 101.703 Permissible communications.

Stations in this service are authorized to render any kind of communication service provided for in the legally applicable tariffs of the carrier, unless otherwise directed in the applicable instrument of authorization or limited by § 101.147 or §§ 101.111 and 101.113.

§ 101.705 Special showing for renewal of common carrier station facilities using frequency diversity.

Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with § 101.103(c) or the exceptions recognized in paragraph 141 of the First Report and Order in Docket No. 18920 (29 FCC 2d 870). This document is available at the library of the Federal Communications Commission, located at the address of the FCC's main office indicated in 47 CFR 0.401(a). If not in compliance, a complete statement with the reasons therefore must be submitted.

[64 FR 53242, Oct. 1, 1999, as amended at 85 FR 64411, Oct. 13, 2020]

Subpart J - Local Television Transmission Service
§ 101.801 Eligibility.

Authorizations for stations in this service will be granted to existing and proposed communication common carriers. Applications will be granted only in cases where it is shown that:

(a) The applicant is legally, financially, technically and otherwise qualified to render the proposed service;

(b) There are frequencies available to enable the applicant to render a satisfactory service; and

(c) The public interest, convenience or necessity would be served by a grant thereof.

§ 101.803 Frequencies.

(a) Frequencies in the following bands are available for assignment to television pickup and television non-broadcast pickup stations in this service:

6,425 to 6,525 MHz. (6)

11,700 to 12,200 MHz. (3)

13,200 to 13,250 MHz. (1)

14,200 to 14,400 MHz. (8)

21,200 to 22,000 MHz. (1), (2), (4), (5)

22,000 to 23,600 MHz. (1), (2), (5)

31,000 to 31,300 MHz. (7)

Notes

(1) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's Rules.

(2) This frequency band is shared with Government stations.

(3) This frequency band is shared, on a secondary basis, with stations in the broadcasting-satellite and fixed-satellite services. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band.

(4) This frequency band is shared with stations in the earth-exploration satellite service.

(5) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services.

(6) This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter, and subpart H of this part.

(7) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from similarly licensed stations or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations.

(8) The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. As of March 1, 2005, no new LTTS operators will be licensed in the 14.2-14.4 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 14.2-14.4 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band.

(b) Communications common carriers in the Local Television Transmission Service may be assigned frequencies listed in §§ 74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter to provide service to television broadcast stations, television broadcast network-entities, cable system operators, and cable network-entities. Frequency availability is subject to the provisions of § 74.604 of this chapter and the use of the facility is limited to the permissible uses described in §§ 74.631 and 78.11 of this chapter. Operations on these frequencies are subject to the technical provisions of part 74, subpart F, and part 78, subpart D of this chapter.

(c) [Reserved]

(d) Frequencies in the following bands are available for assignment to television STL stations in this service:

3,700 to 4,200 MHz (1)

5,925 to 6,425 MHz (1),(5)

10,700 to 11,700 MHz (1),(6)

11,700 to 12,100 MHz (3)

13,200 to 13,250 MHz (2)

21,200 to 22,000 MHz (2),(4),(7),(8)

22,000 to 23,600 MHz (2),(6),(8)

31,000 to 31,300 MHz (9)

Notes

(1) This frequency band is shared with stations in the Point to Point Microwave Radio Service and, in United States Possessions in the Caribbean area, with stations in the International Fixed Radiocommunications Services. For 3,700-4,200 MHz frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. In the contiguous United States, licensees of existing licenses, as of April 19, 2018, for permanent point-to-point Fixed Service links have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band.

(2) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's rules.

(3) This frequency band is shared with space stations (space to earth) in the fixed-satellite service. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band.

(4) This frequency band is shared with Government stations.

(5) This frequency band is shared with earth stations (earth to space) in the fixed-satellite services.

(6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service.

(7) This frequency band is shared with space stations (space to earth) in the earth exploration satellite service.

(8) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services.

(9) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from each other or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations.

(e) 6425 to 6525 MHz - Mobile Only. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or for multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter. The following channel plans apply.

(1) 1 MHz maximum authorized bandwidth channels.

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6425.5 6475.5
6450.5 6500.5

(2) 8 MHz maximum authorized bandwidth channels.

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6430.0 6480.0
6438.0 6488.0
6446.0 6496.0
6455.0 6505.0
6463.0 6513.0
6471.0 6521.0

(3) 25 MHz maximum authorized bandwidth channels.

Transmit (or receive) (MHz) Receive (or transmit) (MHz)
6437.5 6487.5
6462.5 6512.5

(f) The frequency 27.255 MHz in the 27.23-27.28 MHz band is allocated for assignment to microwave auxiliary stations in this service on a shared basis with other radio services. Assignments to stations on this frequency will not be protected from such interference as may be experienced from the emissions of industrial, scientific and medical equipment operating on 27.12 MHz in accordance with § 2.106 of this chapter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23168, Apr. 29, 1997; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998; 65 FR 38332, June 20, 2000; 68 FR 4961, Jan. 31, 2003; 68 FR 12777, Mar. 17, 2003; 70 FR 4788, Jan. 31, 2005; 84 FR 63812, Nov. 19, 2019; 85 FR 22890, Apr. 23, 2020]

§ 101.805 Assignment of frequencies to mobile stations.

The assignment of frequencies to mobile stations in this service will not be limited to a single licensee within any area. However, geographical limits within which mobile units may operate may be imposed by the Commission.

§ 101.807 Transmitter power.

Stations in this service will not be authorized to use transmitters having a rated power output in excess of the limits set forth in § 101.113(b) and a standby transmitter having a rated power output in excess of that of the main transmitter with which it is associated will not be authorized. As an exception, operations on frequencies listed in §§ 74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter are subject to the power limitations of §§ 74.636 and 78.101(a).

[68 FR 12777, Mar. 17, 2003]

§ 101.809 Bandwidth and emission limitations.

(a) Stations in this service operating on frequencies in the 27.23-27.28 MHz band will be authorized to employ only amplitude modulated or frequency modulated emission for radiotelephony. The authorization to use such emissions will be construed to include authority to employ unmodulated emission only for temporary or short periods necessary for equipment testing incident to the construction and maintenance of the station.

(b) Stations in the service operating on frequencies above 940 MHz may be authorized to use amplitude modulated, frequency modulated or pulse type of emission for radiotelephony and television. In addition, the use of unmodulated emission may be authorized in appropriate cases.

(c) The maximum bandwidths which will normally be authorized for single channel operation on frequencies below 500 MHz in this service must not exceed the limits set forth below:

Type of emission Authorized bandwidth (kHz)
A3E 8
F3E or (G3E) 40

(d) Maximum bandwidths in the following frequency bands must not exceed the limits set forth below:

Maximum Authorized

Frequency band (MHz) Bandwidth (MHz)
3,700 to 4,200 1 20
5,925 to 6,425 1 30
6,425 to 6,525 25
10,700 to 12,200 1 2 40
13,200 to 13,250 25
21,200 to 23,600 1 50

(e) The bandwidths authorized on frequencies above 500 MHz must be appropriate to the type of operation in any particular case. An application requesting such authorization must fully describe the modulation, emission, and bandwidth desired and must specify the bandwidth to be occupied.

[61 FR 26677, May 28, 1996, as amended at 68 FR 4961, Jan. 31, 2003; 70 FR 4788, Jan. 31, 2005]

§ 101.811 Modulation requirements.

(a) The use of modulating frequencies higher than 3000 hertz for single channel radiotelephony or tone signaling on frequencies below 500 MHz is not authorized.

(b) When amplitude modulation is used, the modulation percentage must be sufficient to provide efficient communication and must normally be maintained above 70 percent on positive peaks, but may not exceed 100 percent on negative peaks.

(c) When phase or frequency modulation is used for single channel radiotelephony on frequencies below 500 MHz, the deviation arising from modulation may not exceed plus or minus 15 kHz from the unmodulated carrier.

(d) Each unmultiplexed radiotelephone transmitter having more than 3 watts plate power input to the final radio frequency stage and initially installed at the station in this service after September 4, 1956, must be provided with a device that will automatically prevent modulation in excess of that specified in paragraphs (b) and (c) of this section which may be caused by greater than normal audio level.

§ 101.813 Remote control operation of mobile television pickup stations.

(a) Mobile television pickup stations (including nonbroadcast) may be operated by remote control from the fixed locations for periods not to exceed 6 months.

(b) The Commission may, upon adequate showing by the licensee as to why the television pickup operations should not be conducted under a fixed station authorization, renew the authority granted under the provisions of paragraph (a) of this section.

(c) Reference should be made to § 101.125 concerning mobile station antenna height restrictions and to paragraphs (c) and (f) of § 101.131 concerning control points.

§ 101.815 Stations at temporary fixed locations.

(a) Authorizations may be issued upon proper application for the use of frequencies listed in § 101.803 by stations in the Local Television Transmission Service for rendition of temporary service to subscribers under the following conditions:

(1) When a fixed station is to remain at a single location for less than 6 months, the location is considered to be temporary.

(2) When a fixed station authorized to operate at temporary locations is installed and it subsequently becomes necessary for the station to operate from such location for more than six months, an application for a station authorization to specify the permanent location must be filed at least thirty days prior to the expiration of the six month period.

(3) The station must be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable.

(4) The antenna structure height employed at any location may not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125.

(5) Applications for such stations must comply with the provisions of § 101.21(f).

(b) Applications for authorizations to operate stations at temporary locations under the provisions of this section may be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters.

(c) Prior coordination of mobile assignments will be in accordance with the procedures in § 101.103(d) except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68984, Dec. 14, 1998; 65 FR 38332, June 20, 2000; 68 FR 4961, Jan. 31, 2003]

§ 101.817 Notification of station operation at temporary locations.

(a) The licensee of stations authorized pursuant to § 101.813 must notify the Commission prior to each period of operation. This notification must include:

(1) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s);

(2) The maintenance location for the transmitter;

(3) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities;

(4) The exact frequency or frequencies to be used;

(5) The public interest, convenience and necessity to be served by operation of the proposed installation;

(6) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly must be given to the Commission;

(7) Where the notification contemplates initially a service that is to be rendered for a period longer than 90 days, the notification must contain a showing as to why application should not be made for regular authorization; and

(8) A notification must include compliance with the provisions of § 101.813(c).

(b) A copy of the notification must be kept with the station license.

[61 FR 26677, May 28, 1996, as amended at 63 FR 68984 Dec. 14, 1998]

§ 101.819 Stations affected by coordination contour procedures.

In frequency bands shared with the communication-satellite service, applicants must also comply with the requirements of § 101.21.

Subpart K [Reserved]
Subpart L - Local Multipoint Distribution Service
Source:

62 FR 23168, Apr. 29, 1997, unless otherwise noted.

§ 101.1001 Eligibility.

Any entity, other than one precluded by § 101.7 and by § 101.1003, is eligible for authorization to provide Local Multipoint Distribution Service (LMDS) under this subpart. Authorization will be granted upon proper application filed under the rules in this part.

§ 101.1005 Frequencies available.

(a) The following frequencies are available for assignment to LMDS in two license blocks:

Block A of 300 MHz

29,100-29,250 MHz

31,075-31,225 MHz

Block B of 150 MHz

31,000-31,075 MHz

31,225-31,300 MHz

(b) In Block A licenses, the frequencies are authorized as follows:

(1) 29,100-29,250 MHz is shared on a co-primary basis with feeder links for non-geostationary orbit Mobile Satellite Service (NGSO/MSS) systems in the band and is limited to LMDS hub-to-subscriber transmissions, as provided in §§ 25.257 and 101.103(h) of this chapter.

(2) 31,075-31,225 MHz is authorized on a primary protected basis and is shared with private microwave point-to-point systems licensed prior to March 11, 1997, as provided in § 101.103(b).

(c) In Block B licenses, the frequencies are authorized as follows:

(1) On a primary protected basis if LMDS shares the frequencies with systems licensed as Local Television Transmission Service (LTTS) licensed prior to March 11, 1997, as provided in § 101.103(b).

(2) On a co-equal basis with systems not licensed as LTTS prior to March 11, 1997, as provided in § 101.103(g).

[62 FR 23168, Apr. 29, 1997, as amended at 81 FR 79945, Nov. 14, 2016]

§ 101.1007 Geographic service areas and number of licenses.

LMDS service areas are Basic Trading Areas (BTAs) as defined in the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, that identifies 487 BTAs based on the 50 States and as defined to include the BTA-like areas of the United States Virgin Islands, American Samoa, Guam, Mayaguez/Aguadilla-Ponce, Puerto Rico, San Juan, Puerto Rico, and the Commonwealth of Northern Marinas, for a total of 493 BTAs.

§ 101.1009 System operations.

(a) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows:

(1) A station would be required to be individually licensed if:

(i) International agreements require coordination;

(ii) Submission of an Environmental Assessment is required under § 1.1307 of this chapter.

(iii) The station would affect areas identified in § 1.924 of this chapter.

(2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter.

(b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station.

[62 FR 23168, Apr. 29, 1997, as amended at 63 FR 68984, Dec. 14, 1998; 69 FR 17959, Apr. 6, 2004]

§ 101.1011 Construction requirements.

LMDS licensees must make a showing of “substantial service” in their license area within ten years of being licensed. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.

[82 FR 41549, Sept. 1, 2017]

§ 101.1013 Permissible communications services.

(a) Authorizations for stations in the Local Multipoint Distribution Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization.

(b) Stations may render any kind of communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis.

(c) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service.

§ 101.1017 Requesting regulatory status.

(a) Initial applications. An applicant will specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis.

(b) Amendment of pending applications.

(1) Any pending application may be amended to:

(i) Change the carrier status requested, or

(ii) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license.

(2) Amendments to change, or add to, the carrier status in a pending application are minor amendments pursuant to § 1.927 of this chapter.

(c) Modification of license.

(1) A licensee may modify a license to:

(i) Change the carrier status authorized, or

(ii) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license.

(2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under § 1.927 of this chapter. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by § 101.305(b) or (c) and submits the application under § 1.927 of this chapter in conformance with the time frames and requirements of §§ 101.305 (b) or (c).

[62 FR 23168, Apr. 29, 1997, as amended at 63 FR 68984, Dec. 14, 1998]

Subpart M - Competitive Bidding Procedures for LMDS
Source:

62 FR 23172, Apr. 29, 1997, unless otherwise noted.

§ 101.1101 LMDS service subject to competitive bidding.

Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart.

[67 FR 46379, July 9, 2002]

§§ 101.1102-101.1105 [Reserved]
§ 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs.

(a) A winning bidder that qualifies as a very small business, as defined in § 101.1112, or a consortium of very small businesses may use a bidding credit of 45 percent to lower the cost of its winning bid.

(b) A winning bidder that qualifies as a small business, as defined in § 101.1112, or a consortium of small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid.

(c) A winning bidder that qualifies as an entrepreneur, as defined in § 101.1112, or a consortium of entrepreneurs may use a bidding credit of 25 percent to lower the cost of its winning bid.

(d) The bidding credits referenced in paragraphs (a), (b) and (c) of this section are not cumulative.

[68 FR 43002, July 21, 2003]

§ 101.1109 Records maintenance.

All winning bidders qualifying as very small businesses, small businesses or entrepreneurs shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any document necessary to establish eligibility as a very small business, small business or entrepreneur. Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier.

[68 FR 43002, July 21, 2003]

§ 101.1111 Partitioning and disaggregation.

(a) Definitions. Disaggregation. The assignment of discrete portions or “blocks” of spectrum licensed to a geographic licensee or qualifying entity.

Partitioning. The assignment of geographic portions of a licensee's authorized service area along geopolitical or other boundaries.

(b) Eligibility.

(1) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 101.53. Parties shall submit the forms set forth in § 101.15(e).

(2) Licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses.

(c) Technical standards -

(1) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. In such partitioning cases where an unjust enrichment payment is owed the Commission, the request for authorization for partial assignment of a license must include, as an attachment, a calculation of the population of the partitioned service area and the licensed geographic service area.

(2) Disaggregation. Spectrum may be disaggregated in any amount.

(3)